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upright=1.15, The original document in single pages, 1864 The Geneva Conventions are
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...
s consisting of four
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
and three additional
protocols Protocol may refer to: Sociology and politics * Protocol (politics), a formal agreement between nation states * Protocol (diplomacy), the etiquette of diplomacy and affairs of state * Etiquette, a code of personal behavior Science and technology ...
that establish international legal standards for humanitarian treatment in
war War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organi ...
. The singular term ''Geneva Convention'' colloquially denotes the agreements of 1949, negotiated in the aftermath of the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
(1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners,
civilian A civilian is a person who is not a member of an armed force. It is war crime, illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civi ...
s and
military personnel Military personnel or military service members are members of the state's armed forces. Their roles, pay, and obligations differ according to their military branch (army, navy, marines, coast guard, air force, and space force), rank ( office ...
; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone. The Geneva Conventions define the rights and protections afforded to those
non-combatant Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities. People such as combat medics and military chaplains, who are members of the belligerent arm ...
s who fulfill the criteria of being ''
protected persons Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an ...
''. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only protected non-combatants in war. The use of wartime
conventional weapon Conventional weapons or conventional arms are weapons whose damaging impact comes from kinetic, incendiary, or explosive energy. They stand in contrast to weapons of mass destruction (''e.g.,'' nuclear, biological, radiological, and chemical ...
s is addressed by the
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
and the 1980
Convention on Certain Conventional Weapons The United Nations Convention on Certain Conventional Weapons (CCW or CCWC), concluded at Geneva on October 10, 1980, and entered into force in December 1983, seeks to prohibit or restrict the use of certain conventional weapons which are cons ...
, while the
biological Biology is the scientific study of life and living organisms. It is a broad natural science that encompasses a wide range of fields and unifying principles that explain the structure, function, growth, origin, evolution, and distribution of ...
and chemical warfare in international armed conflicts is addressed by the 1925
Geneva Protocol The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the use of chemical and biological weapons in ...
.


History

The
Swiss Swiss most commonly refers to: * the adjectival form of Switzerland * Swiss people Swiss may also refer to: Places * Swiss, Missouri * Swiss, North Carolina * Swiss, West Virginia * Swiss, Wisconsin Other uses * Swiss Café, an old café located ...
businessman
Henry Dunant Henry Dunant (born Jean-Henri Dunant; 8 May 182830 October 1910), also known as Henri Dunant, was a Swiss humanitarian, businessman, social activist, and co-founder of the International Red Cross and Red Crescent Movement, Red Cross. His humanit ...
went to visit wounded soldiers after the
Battle of Solferino The Battle of Solferino (referred to in Italy as the Battle of Solferino and San Martino) on 24 June 1859 resulted in the victory of the allied Second French Empire, French army under Napoleon III and the Kingdom of Piedmont-Sardinia, Piedmont- ...
in 1859. He was shocked by the lack of facilities, personnel, and medical aid available to help these soldiers. As a result, he published his book, ''
A Memory of Solferino ''A Memory of Solferino'' (French: ''Un souvenir de Solférino'') is a book of the Swiss humanitarian Henry Dunant published in 1862. It proved decisive in the founding of the International Committee of the Red Cross.Henry Dunant, ''A Memory o ...
'', in 1862, on the horrors of war. His wartime experiences inspired Dunant to propose: * A permanent relief agency for
humanitarian aid Humanitarian aid is material and Humanitarian Logistics, logistic assistance, usually in the short-term, to people in need. Among the people in need are the homelessness, homeless, refugees, and victims of natural disasters, wars, and famines. Th ...
in times of war * A government treaty recognizing the
neutrality Neutral or neutrality may refer to: Mathematics and natural science Biology * Neutral organisms, in ecology, those that obey the unified neutral theory of biodiversity Chemistry and physics * Neutralization (chemistry), a chemical reaction in ...
of the agency and allowing it to provide aid in a war zone The former proposal led to the establishment of the
Red Cross The organized International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 16million volunteering, volunteers, members, and staff worldwide. It was founded to protect human life and health, to ...
in
Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...
. The latter led to the 1864 Geneva Convention, the first codified international treaty that covered the sick and wounded soldiers on the battlefield. On 22 August 1864, the Swiss government invited the governments of all European countries, as well as the United States, Brazil, and Mexico, to attend an official diplomatic conference. Sixteen countries sent a total of twenty-six delegates to Geneva. On 22 August 1864, the conference adopted the first Geneva Convention "for the Amelioration of the Condition of the Wounded in Armies in the Field". Representatives of 12 states and kingdoms signed the convention: * * * * * * * * * * * * For both of these accomplishments, Henry Dunant became co recipient of the first
Nobel Peace Prize The Nobel Peace Prize (Swedish language, Swedish and ) is one of the five Nobel Prizes established by the Will and testament, will of Sweden, Swedish industrialist, inventor, and armaments manufacturer Alfred Nobel, along with the prizes in Nobe ...
in 1901. On 20 October 1868 the first unsuccessful attempt to expand the 1864 treaty was undertaken. With the 'Additional Articles relating to the Condition of the Wounded in War' an attempt was initiated to clarify some rules of the 1864 convention and to extend them to maritime warfare. The Articles were signed but were only ratified by the Netherlands and the United States of America. The Netherlands later withdrew their ratification. The protection of the victims of maritime warfare would later be realized by the third
Hague Convention of 1899 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
and the tenth
Hague Convention of 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
. In 1906 thirty-five states attended a conference convened by the Swiss government. On 6 July 1906 it resulted in the adoption of the "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field", which improved and supplemented, for the first time, the 1864 convention. It remained in force until 1970 when Costa Rica acceded to the 1949 Geneva Conventions. The 1929 conference yielded two conventions that were signed on 27 July 1929. One, the " Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field", was the third version to replace the original convention of 1864. The other was adopted after experiences in
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
had shown the deficiencies in the protection of
prisoners of war A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war for a ...
under the
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
. The "Convention relative to the Treatment of Prisoners of War" was not to replace these earlier conventions signed at The Hague; rather it supplemented them. There was considerable debate over whether the Geneva Convention should prohibit indiscriminate forms of warfare, such as aerial bombings, nuclear bombings and starvation, but no agreement was reached on those forms of violence. Inspired by the wave of humanitarian and pacifistic enthusiasm following
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
and the outrage towards the
war crimes A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
disclosed by the
Nuremberg Nuremberg (, ; ; in the local East Franconian dialect: ''Nämberch'' ) is the Franconia#Towns and cities, largest city in Franconia, the List of cities in Bavaria by population, second-largest city in the States of Germany, German state of Bav ...
and
Tokyo trials The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial and the Tokyo War Crimes Tribunal, was a military trial convened on 29 April 1946 to try leaders of the Empire of Japan for their crimes against peace ...
, a series of conferences were held in 1949 reaffirming, expanding and updating the prior Geneva and Hague Conventions. It yielded four distinct conventions: *The First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" was the fourth update of the original 1864 convention and replaced the 1929 convention on the same subject matter. *The Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" replaced the Hague Convention (X) of 1907. It was the first Geneva Convention on the protection of the victims of maritime warfare and mimicked the structure and provisions of the First Geneva Convention. *The Third Geneva Convention "relative to the Treatment of Prisoners of War" replaced the 1929 Geneva Convention that dealt with prisoners of war. *In addition to these three conventions, the conference also added a new elaborate Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War". It was the first Geneva Convention not to deal with combatants. The 1899 and 1907 Hague Conventions had already contained some provisions on the protection of civilians and occupied territory. Article 154 specifically provides that the Fourth Geneva Convention is supplementary to these provisions in the Hague Conventions. Despite the length of these documents, they were found over time to be incomplete. The nature of
armed conflicts War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organize ...
had changed with the beginning of the
Cold War The Cold War was a period of global Geopolitics, geopolitical rivalry between the United States (US) and the Soviet Union (USSR) and their respective allies, the capitalist Western Bloc and communist Eastern Bloc, which lasted from 1947 unt ...
era, leading many to believe that the 1949 Geneva Conventions were addressing a largely extinct reality: on the one hand, most armed conflicts had become internal, or civil wars, while on the other, most wars had become increasingly asymmetric. Modern armed conflicts were inflicting an increasingly higher toll on civilians, which brought the need to provide civilian persons and objects with tangible protections in time of combat, bringing a much needed update to the
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
. In light of these developments, two Protocols were adopted in 1977 that extended the terms of the 1949 Conventions with additional protections. In 2005, a third brief Protocol was added establishing an additional
protective sign Protective signs are legally protected symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of international humanitarian law. While their essential meaning can be summarized as "don't sho ...
for medical services, the
Red Crystal Under the Geneva Conventions, the emblems of the International Red Cross and Red Crescent Movement are to be worn by all medical and humanitarian personnel and also displayed on their vehicles and buildings while they are in an active warzone, ...
, as an alternative to the ubiquitous
Red Cross and Red Crescent The organized International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 16million volunteering, volunteers, members, and staff worldwide. It was founded to protect human life and health, to ...
emblems, for those countries that find them objectionable.


Commentaries

''The Geneva Conventions of 12 August 1949. Commentary'' (''The Commentaries'') is a series of four volumes of books published between 1952 and 1958 and containing commentaries to each of the four Geneva Conventions. The series was edited by
Jean Pictet Jean Simon Pictet (2 September 1914, Geneva – 30 March 2002, Meyrin) was a Swiss citizen, jurist, legal practitioner working in international humanitarian law. First as a secretary-jurist, and then as a senior executive and Vice-President of t ...
who was the vice-president of the
International Committee of the Red Cross The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
. The ''Commentaries'' are often relied upon to provide authoritative interpretation of the articles.


Contents

The Geneva Conventions are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities. The first convention dealt with the treatment of wounded and sick armed forces in the field. The second convention dealt with the sick, wounded, and
shipwreck A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. It results from the event of ''shipwrecking'', which may be intentional or unintentional. There were approximately thre ...
ed members of armed forces at sea. The third convention dealt with the treatment of
prisoners of war A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war for a ...
during times of conflict. The fourth convention dealt with the treatment of civilians and their protection during wartime. Individuals who fulfill the criteria of
protected persons Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an ...
in ''international'' armed conflicts are protected by the 1949 conventions. Those not listed as protected persons in such conflicts are instead protected by
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
and general treaties concerning the legal status of aliens in
belligerent A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin ''bellum gerere'' ("to wage war"). Unlike the use of ''belligerent'' as an adjective meanin ...
nations.


Conventions

In international law and diplomacy the term ''convention'' refers to ''an international agreement,'' or treaty. * The
First Geneva Convention The First Geneva Convention, officially the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (), held on 22 August 1864, is the first of four treaties of the Geneva Conventions. It defines "the basis on whic ...
"for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, revised in 1906,
1929 This year marked the end of a period known in American history as the Roaring Twenties after the Wall Street Crash of 1929 ushered in a worldwide Great Depression. In the Americas, an agreement was brokered to end the Cristero War, a Catholic ...
and finally 1949); * The
Second Geneva Convention The Second Geneva Convention, officially the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (), is one of the four treaties of the Geneva Conventions. The Geneva Convention for ...
"for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the Hague Convention (X) 1907); * The
Third Geneva Convention The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantl ...
"relative to the Treatment of Prisoners of War" (first adopted in
1929 This year marked the end of a period known in American history as the Roaring Twenties after the Wall Street Crash of 1929 ushered in a worldwide Great Depression. In the Americas, an agreement was brokered to end the Cristero War, a Catholic ...
, last revision in 1949); * The
Fourth Geneva Convention The Convention relative to the Protection of Civilian Persons in Time of War (), more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1 ...
"relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the Hague Convention (II) of 1899 and Hague Convention (IV) 1907). With two Geneva Conventions revised and adopted and two added in 1949, the whole is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions". Usually only the Geneva Conventions of 1949 are referred to as First, Second, Third or Fourth Geneva Conventions. The treaties of 1949 were ratified, in whole or with reservations, by 196 countries.


Protocols

The 1949 conventions have been modified with three amendment
protocols Protocol may refer to: Sociology and politics * Protocol (politics), a formal agreement between nation states * Protocol (diplomacy), the etiquette of diplomacy and affairs of state * Etiquette, a code of personal behavior Science and technology ...
: *
Protocol I Protocol I (also Additional Protocol I and AP I) is a 1977 amendment Protocol (diplomacy), protocol to the Geneva Conventions concerning the protection of civilian casualty, civilian victims of international war, including "armed conflicts in ...
(1977) relating to the Protection of Victims of International Armed Conflicts *
Protocol II Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''non-international'' armed conflicts. It defines certain international laws that strive to provide better protection for victims of ...
(1977) relating to the Protection of Victims of Non-International Armed Conflicts *
Protocol III Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Red Crystal may be displayed by medical and religious person ...
(2005) relating to the Adoption of an Additional Distinctive Emblem


Application

The Geneva Conventions apply at times of war and armed conflict to governments who have ratified its terms. The details of applicability are spelled out in Common Articles 2 and 3.


Common Article 2 relating to international armed conflict (IAC)

This article states that the Geneva Conventions apply to all the cases of ''international'' armed conflict (IAC), where at least one of the warring nations has ratified the Conventions. Primarily: * The Conventions apply to all cases of
declared war A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the public signing of a document) by an authorized party of a national govern ...
between signatory nations. This is the original sense of applicability, which predates the 1949 version. * The Conventions apply to all cases of armed conflict between two or more signatory nations. This language was added in 1949 to accommodate situations that have all the characteristics of war without the existence of a formal declaration of war, such as a
police action In security studies and international relations, a police action is a military action undertaken without a formal declaration of war. In the 21st century, the term has been largely supplanted by " counter-insurgency". Since World War II, formal ...
. * The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions. Article 1 of
Protocol I Protocol I (also Additional Protocol I and AP I) is a 1977 amendment Protocol (diplomacy), protocol to the Geneva Conventions concerning the protection of civilian casualty, civilian victims of international war, including "armed conflicts in ...
further clarifies that armed conflict against colonial domination and foreign occupation also qualifies as an ''international'' conflict. When the criteria of international armed conflict have been met, the full protections of the Conventions are considered to apply.


Common Article 3 relating to non-international armed conflict (NIAC)

This article states that the certain minimum rules of war apply to
armed conflicts War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organize ...
"not of an international character." The
International Committee of the Red Cross The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
has explained that this language describes non-international armed conflict (NIAC) "where at least one Party is not a State." For example, it would apply to conflicts between state forces and
non-state actor A non-state actor (NSA) is an individual or organization that has significant political influence but is not allied to any particular country or state. The interests, structure, and influence of NSAs vary widely. For example, among NSAs are non-pr ...
s (NSAs), or between two NSAs, or to other conflicts that have all the characteristics of war, whether carried out within the confines of one country or not. There are two criteria to distinguish non-international armed conflicts from lower forms of violence. The level of violence has to be of certain intensity, for example when the state cannot contain the situation with regular police forces. Also, involved non-state groups need to have a certain level of organization, like a military command structure. The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3, and additionally within the language of
Protocol II Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''non-international'' armed conflicts. It defines certain international laws that strive to provide better protection for victims of ...
. The rationale for the limitation is to avoid conflict with the rights of
Sovereign State A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the ter ...
s that were not part of the treaties. When the provisions of this article apply, it states that: During the negotiation of the Geneva Conventions, France and Britain were initially staunchly opposed to Common Article 3. However, to save face during negotiations and make strategic concessions, France and Britain deliberately introduced ambiguous language in the text of Common Article 3 that made it easy for states to avoid the obligations of the rule. As a consequence, Common Article 3 only concerns with humane treatment and does not deal with methods and means of hostilities, such as bombings committed by non-state armed groups or state forces against civilian targets in the
Algerian War The Algerian War (also known as the Algerian Revolution or the Algerian War of Independence) ''; '' (and sometimes in Algeria as the ''War of 1 November'') was an armed conflict between France and the Algerian National Liberation Front (Algeri ...
and
the Troubles The Troubles () were an ethno-nationalist conflict in Northern Ireland that lasted for about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it began in the late 1960s and is usually deemed t ...
. On 7 February 2002, President Bush adopted the view that Common Article 3 did not protect
al Qaeda , image = Flag of Jihad.svg , caption = Jihadist flag, Flag used by various al-Qaeda factions , founder = Osama bin Laden{{Assassinated, Killing of Osama bin Laden , leaders = {{Plainlist, * Osama bin Lad ...
prisoners because the United States-al Qaeda conflict was not "not of an international character." The
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
invalidated the Bush Administration view of Common Article 3, in ''
Hamdan v. Rumsfeld ''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Milit ...
'', by ruling that Common Article Three of the Geneva Conventions applies to detainees in the "War on Terror", and that the
Guantanamo military commission The Guantanamo military commissions were established by President George W. Bush through a military order on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of eight ...
process used to try these suspects was in violation of U.S. and international law. In response to ''Hamdan'', Congress passed the
Military Commissions Act of 2006 The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
, which President Bush signed into law on 17 October 2006. Like the
Military Commissions Act of 2006 The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
, its successor the Military Commissions Act of 2009 explicitly forbids the invocation of the Geneva Conventions "as a basis for a private right of action."
"... Common Article 3 continues the conventional practice (reflected in both the 'Lieber' and 'The Hague' provisions) of according humanitarian protections only to 'belligerents' who defer to the ''laws and customs of war'': not to 'insurrectionists' who defy these norms from the very outset of hostilities. Observance of the rules of warfare is what elevates an 'insurrectionist' to the legally cognizable status of 'belligerent' under the 'International law of war'; nothing short of such an 'observance' suffices to effect this transformation from the ''infra legal'' to ''legal''."


IAC or NIAC classification

Whether the conflict is an IAC or a NIAC or both depends on the nature and circumstances of the situation. Since there is a general prohibition against the use of force between States (as is reflected within article 2(4) of the
United Nations Charter The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its United Nations System#Six ...
) with respect to Common Article 2, it is generally presumed that any use of such military force which is governed by
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...
(IHL) is attributable to deliberate belligerent intent. Regarding Common Article 3, the
ICRC The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
in its 2016 commentary stated the provision includes not just a conflict between territorial government forces and NSAs or NSAs themselves, but also a foreign military intervention against a NSA ''only'' if the territorial state consents to such intervention in its territory. Should the intervening country do so without the consent of the territorial state or in support of a NSA against that state, then Common Article 2 applies. For example, the
American-led intervention in the Syrian civil war {{Infobox military conflict , width = 440px , conflict = US intervention in the Syrian civil war , partof = Operation Inherent Resolve, the war against the Islamic State, and the foreign involvement in the S ...
became both an IAC with
Syria Syria, officially the Syrian Arab Republic, is a country in West Asia located in the Eastern Mediterranean and the Levant. It borders the Mediterranean Sea to the west, Turkey to Syria–Turkey border, the north, Iraq to Iraq–Syria border, t ...
and a NIAC with the
Islamic State The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadism, Salafi jihadist organization and unrecognized quasi-state. IS ...
because the U.S. intervened in Syrian territory without the former's consent. On the other hand, Russia intervened in Syrian territory against the
Free Syrian Army The Free Syrian Army (FSA; ) is a Big tent, big-tent coalition of decentralized Syrian opposition (2011–2024), Syrian opposition rebel groups in the Syrian civil war founded on 29 July 2011 by Colonel Riad al-Asaad and six officers who defe ...
upon invitation by Syria, making Russia's participation subject only to Common Article 3 and therefore Protocol II (which Russia ratified on 29 September 1989). The U.S.-led
NATO The North Atlantic Treaty Organization (NATO ; , OTAN), also called the North Atlantic Alliance, is an intergovernmental organization, intergovernmental Transnationalism, transnational military alliance of 32 Member states of NATO, member s ...
invasion of Afghanistan from October 7 to December 17, 2001 was initially an IAC because it waged war against the
Islamic Emirate of Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
under
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
rule. Once the new
Karzai administration The Karzai administration was the government of Afghanistan under President Hamid Karzai, who became the head of state of Afghanistan in December 2001 after the Taliban government was overthrown. Karzai was appointed at the 2002 Loya Jirga as ...
was established and recognized internationally, the conflict changed from an IAC to a NIAC, with NATO troops under
International Security Assistance Force The International Security Assistance Force (ISAF) was a multinational military mission in Afghanistan from 2001 to 2014. It was established by United Nations Security Council United Nations Security Council Resolution 1386, Resolution 1386 ac ...
(ISAF) and
Resolute Support Mission Resolute Support Mission (RSM) or Operation Resolute Support was a NATO-led multinational mission in Afghanistan. It began on 1 January 2015 as the successor to the International Security Assistance Force (ISAF), which was completed on 28 Dece ...
(RSM) auspices assisting the
Islamic Republic of Afghanistan The Islamic Republic of Afghanistan was a presidential republic in Afghanistan from 2004 to 2021. The state was established to replace the Afghan Afghan Interim Administration, interim (2001–2002) and Transitional Islamic State of Afghanist ...
with its consent in battling Taliban insurgents. In contrast, the
Soviet–Afghan War The Soviet–Afghan War took place in the Democratic Republic of Afghanistan from December 1979 to February 1989. Marking the beginning of the 46-year-long Afghan conflict, it saw the Soviet Union and the Armed Forces of the Democratic Republic o ...
was an IAC because the Soviet Union invaded the
Democratic Republic of Afghanistan The Democratic Republic of Afghanistan, later known as the Republic of Afghanistan, was the Afghan state between History of Afghanistan (1978–1992), 1978 and 1992. It was bordered by Pakistan to the east and south, by Iran to the west, by the ...
(DRA) to remove Afghan communist leader
Hafizullah Amin Hafizullah Amin (Dari/; 1 August 192927 December 1979) was an Afghan communist head of state, who served in that position for a little over three months, from September 1979 until his assassination. He organized the Saur Revolution of 1978 and ...
from power, then installed puppet leader
Babrak Karmal Babrak Kārmal (Dari/Pashto: ; born Sultan Hussein; 6 January 1929 – 1 or 3 December 1996) was an Afghan communist revolutionary and politician who was the leader of Afghanistan, serving in the post of general secretary of the People's Demo ...
, who "invited" Soviet troops to intervene against the
Afghan mujahideen The Afghan ''mujahideen'' (; ; ) were Islamist militant groups that fought against the Democratic Republic of Afghanistan and the Soviet Union during the Soviet–Afghan War and the subsequent Afghan Civil War (1989–1992), First Afghan Ci ...
fighters. While non-state armed groups are automatically presumed to engage in NIACs, they also can cross into the threshold of an IAC. The 2020 ICRC commentary on the Third Geneva Convention requires two elements for this classification: "the group must in fact fight on behalf of that Party" and "that Party must accept both the fighting role of the group and the fact that the fighting is done on its behalf." It further states that " ere a Party to a conflict has overall control over the
militia A militia ( ) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...
, volunteer corps or organized
resistance movement A resistance movement is an organized group of people that tries to resist or try to overthrow a government or an occupying power, causing disruption and unrest in civil order and stability. Such a movement may seek to achieve its goals through ei ...
that has a fighting function and fights on the State's behalf, a relationship of belonging for the purposes of Article 4A(2) exists." For example, the
Viet Cong The Viet Cong (VC) was an epithet and umbrella term to refer to the communist-driven armed movement and united front organization in South Vietnam. It was formally organized as and led by the National Liberation Front of South Vietnam, and ...
was under effective control and direction by
North Vietnam North Vietnam, officially the Democratic Republic of Vietnam (DRV; ; VNDCCH), was a country in Southeast Asia from 1945 to 1976, with sovereignty fully recognized in 1954 Geneva Conference, 1954. A member of the communist Eastern Bloc, it o ...
during the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
, therefore Common Article 2 solely applied to the conflict.


Enforcement


Protecting powers

The term ''protecting power'' has a specific meaning under these Conventions. A protecting power is a state that is not taking part in the armed conflict, but that has agreed to look after the interests of a state that is a party to the conflict. The protecting power is a mediator enabling the flow of communication between the parties to the conflict. The protecting power also monitors the implementation of these Conventions, such as by visiting the zone of conflict and prisoners of war. The protecting power must act as an advocate for prisoners, the wounded, and civilians.


Grave breaches

Not all violations of the treaty are treated equally. The most serious crimes are termed ''grave breaches'' and provide a legal definition of a
war crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person specifically protected by the conventions: * willful killing, torture or inhumane treatment, including biological experiments * willfully causing great suffering or serious injury to body or health * compelling a protected person to serve in the armed forces of a hostile power * willfully depriving a protected person of the
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
if accused of a war crime. Also considered grave breaches of the Fourth Geneva Convention are the following: * taking of hostages * extensive destruction and appropriation of property not justified by
military necessity Military necessity, along with distinction (law), distinction, and proportionality (international humanitarian law), proportionality, are three important principles of international humanitarian law governing the laws of war, legal use of force i ...
and carried out unlawfully and wantonly * unlawful
deportation Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or is under sen ...
,
transfer Transfer may refer to: Arts and media * ''Transfer'' (2010 film), a German science-fiction movie directed by Damir Lukacevic and starring Zana Marjanović * ''Transfer'' (1966 film), a short film * ''Transfer'' (journal), in management studies * ...
, or
confinement Confinement may refer to: * With respect to humans: ** An old-fashioned or archaic synonym for childbirth ** Postpartum confinement (or postnatal confinement), a system of recovery after childbirth, involving rest and special foods ** Civil confi ...
. Nations that are party to these treaties must enact and enforce legislation penalizing any of these crimes. Nations are also obligated to search for persons alleged to commit these crimes, or persons having ordered them to be committed, and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place. The principle of
universal jurisdiction Universal jurisdiction is a legal principle that allows Sovereign state, states or International organization, international organizations to prosecute individuals for serious crimes, such as genocide, War crime, war crimes, and crimes against hu ...
also applies to the enforcement of grave breaches when the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
asserts its
authority Authority is commonly understood as the legitimate power of a person or group of other people. In a civil state, ''authority'' may be practiced by legislative, executive, and judicial branches of government,''The New Fontana Dictionary of M ...
and
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
from the
UN Charter The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its United Nations System#Six ...
to apply universal jurisdiction. The
UNSC The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
did this when they established the
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
and the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
to investigate and/or prosecute alleged violations.


Right to a fair trial when no crime is alleged

Soldiers, as prisoners of war, will not receive a trial unless the allegation of a war crime has been made. According to article 43 of the 1949 Conventions, soldiers are employed for the purpose of serving in war; engaging in armed conflict is legitimate, and does not constitute a grave breach. Should a soldier be arrested by belligerent forces, they are to be considered "lawful combatants" and afforded the protectorate status of a prisoner of war (POW) until the cessation of the conflict. Human rights law applies to any incarcerated individual, including the right to a fair trial. Charges may only be brought against an enemy POW after a fair trial, but the initial crime being accused must be an explicit violation of the accords, more severe than simply fighting against the captor in battle. No trial will otherwise be afforded to a captured soldier, as deemed by human rights law. This element of the convention has been confused during past incidents of detainment of US soldiers by North Vietnam, where the regime attempted to try all imprisoned soldiers in court for committing grave breaches, on the incorrect assumption that their sole existence as enemies of the state violated international law.


Legacy

Although warfare has changed dramatically since the Geneva Conventions of 1949, they are still considered the cornerstone of contemporary
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...
. They protect combatants who find themselves ''
hors de combat ''Hors de combat'' (; ) is a French term used in the laws of war to refer to persons who are incapable of performing their combat duties during war, thus generally not treated as active combatants but rather protected persons. Examples include ...
,'' and they protect civilians caught up in the zone of war. These treaties came into play for all recent non-international armed conflicts, including the
War in Afghanistan War in Afghanistan, Afghan war, or Afghan civil war may refer to: *Conquest of Afghanistan by Alexander the Great (330 BC – 327 BC), the conquest of Afghanistan by the Macedonian Empire * Muslim conquests of Afghanistan, a series of campaigns in ...
, the
Iraq War The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with 2003 invasion of Iraq, the invasion by a Multi-National Force – Iraq, United States-led coalition, which ...
, the invasion of Chechnya (1994–2017), and the
Russo-Georgian War The August 2008 Russo-Georgian War, also known as the Russian invasion of Georgia,Occasionally, the war is also referred to by other names, such as the Five-Day War and August War. was a war waged against Georgia by the Russian Federation and the ...
. The Geneva Conventions also protect those affected by non-international armed conflicts such as the Syrian civil war. The lines between combatants and civilians have blurred when the actors are not exclusively High Contracting Parties (HCP). Since the fall of the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
, an HCP often is faced with a non-state actor, as argued by General
Wesley Clark Wesley Kanne Clark (born Wesley J. Kanne, 23 December 1944) is a retired United States Army officer. He graduated as valedictorian of the class of 1966 at United States Military Academy, West Point and was awarded a Rhodes Scholarship to the U ...
in 2007. Examples of such conflict include the Sri Lankan Civil War, the
Sudanese Civil War The term Sudanese Civil War refers to at least three separate conflicts in Sudan in Northeast Africa: *First Sudanese Civil War (1955–1972) *Second Sudanese Civil War (1983–2005) *Sudanese civil war (2023–present) It could also refer to other ...
, and the
Colombian Armed Conflict The Colombian conflict () began on May 27, 1964, and is a low-intensity asymmetric war between the government of Colombia, far-right paramilitary groups, crime syndicates and far-left guerrilla groups fighting each other to increase their i ...
, as well as most military engagements of the US since 2000. Some scholars hold that Common Article 3 deals with these situations, supplemented by Protocol II (1977). These set out minimum legal standards that must be followed for internal conflicts. International tribunals, particularly the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
(ICTY), have clarified international law in this area. In the 1999 ''Prosecutor v. Dusko Tadic'' judgement, the ICTY ruled that grave breaches apply not only to international conflicts, but also to internal armed conflict. Further, those provisions are considered
customary international law Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...
. Controversy has arisen over the US designation of irregular opponents as "unlawful
enemy combatants Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of t ...
" (see also
unlawful combatant An unlawful combatant, illegal combatant, or unprivileged combatant/belligerent is a person who directly engages in armed conflict and is considered a terrorist and therefore is deemed not to be a lawful combatant protected by the Geneva Conven ...
), especially in the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
judgments over the
Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
brig facility ''
Hamdi v. Rumsfeld ''Hamdi v. Rumsfeld'', 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens ...
'', ''
Hamdan v. Rumsfeld ''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Milit ...
'' and ''
Rasul v. Bush ''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corp ...
'', and later ''
Boumediene v. Bush ''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by t ...
''. President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
, aided by Attorneys-General
John Ashcroft John David Ashcroft (born May 9, 1942) is an American lawyer, Lobbying, lobbyist, and former politician who served as the 79th United States attorney general under President George W. Bush from 2001 to 2005. A Republican Party (United States), R ...
and
Alberto Gonzales Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General from 2005 to 2007 and was the highest-ranking Hispanic American in executive government in American history until the appoin ...
and General Keith B. Alexander, claimed the power, as Commander in Chief of the Armed Forces, to determine that any person, including an American citizen, who is suspected of being a member, agent, or associate of
Al Qaeda , image = Flag of Jihad.svg , caption = Jihadist flag, Flag used by various al-Qaeda factions , founder = Osama bin Laden{{Assassinated, Killing of Osama bin Laden , leaders = {{Plainlist, * Osama bin Lad ...
, the
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
, or possibly any other terrorist organization, is an "enemy combatant" who can be detained in U.S. military custody until hostilities end, pursuant to the international law of war.presidency.ucsb.edu: "Press Briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell'Orto and Army Deputy Chief of Staff for Intelligence General Keith Alexander June 22, 2004"
, consulted July 2014
The application of the Geneva Conventions in the
Russo-Ukrainian War The Russo-Ukrainian War began in February 2014 and is ongoing. Following Ukraine's Revolution of Dignity, Russia Russian occupation of Crimea, occupied and Annexation of Crimea by the Russian Federation, annexed Crimea from Ukraine. It then ...
(2014–present) has been troublesome because some of the personnel who engaged in combat against the Ukrainians were not identified by insignia, although they did wear military-style fatigues. The types of comportment qualified as acts of
perfidy In the context of war, perfidy is a form of deceptive tactic where one side pretends to act in good faith, such as signaling a truce (e.g., raising a white flag), but does so with the deliberate intention of breaking that promise. The goal is t ...
under doctrine are listed in Articles 37 through 39 of the Geneva Convention; the prohibition of fake insignia is listed at Article 39.2, but the law is silent on the complete absence of insignia. The status of POWs captured in this circumstance remains a question. Educational institutions and organizations including
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
, the
International Committee of the Red Cross The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
, and the
Rohr Jewish Learning Institute The Rohr Jewish Learning Institute (JLI) is a division of Merkos L'Inyonei Chinuch, the educational arm of the Chabad-Lubavitch Orthodox Jewish Hasidic dynasty. It offers adult Jewish courses on Jewish history, law, ethics, philosophy and ...
use the Geneva Convention as a primary text investigating torture and warfare.


New challenges

Artificial intelligence and autonomous weapon systems, such as military robots and cyber-weapons, are creating challenges in the creation, interpretation and application of the laws of armed conflict. The complexity of these new challenges, as well as the speed in which they are developed, complicates the application of the Conventions, which have not been updated in a long time. Adding to this challenge is the very slow speed of the procedure of developing new treaties to deal with new forms of warfare, and determining agreed-upon interpretations to existing ones, meaning that by the time a decision can be made, armed conflict may have already evolved in a way that makes the changes obsolete. In a speech given at the
Graduate Institute of International and Development Studies The Graduate Institute of International and Development Studies (, abbreviated IHEID), commonly referred to as Geneva Graduate Institute, is a graduate-level research university in Geneva, Switzerland dedicated to international relations, dev ...
in 13 March 2019,
International Committee of the Red Cross The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
President Peter Maurer argued that the "collective challenge
or the ICRC Or or OR may refer to: Arts and entertainment Film and television * "O.R.", a 1974 episode of ''M*A*S*H'' * ''Or (My Treasure)'', a 2004 movie from Israel (''Or'' means "light" in Hebrew) Music * ''Or'' (album), a 2002 album by Golden ...
today is to find ways to ensure greater respect within the changing dynamics of conflict." This would involve "more tailor-made rules to protect civilians from conflict’s future front lines" regarding issues such as "armed actors and civilians intermingling and individuals changing from fighters at night to civilians by day; different forms of violence blending together, on increasingly fuzzy battlefields," as well as "fierce public defence" of any new suggested rules. Tilman Rodenhäuser and Mauro Vignati, advisors on legal issues and digital technology at the ICRC, have since proposed rules of engagement for civilian hackers in 2023. The rules seek to mitigate or prevent any cyber attacks on civilian objects, infrastructure, and essential services, while encouraging states to implement "national laws that regulate civilian hacking."


See also

*
Attacks on humanitarian workers Humanitarian aid workers belonging to United Nations agencies, nongovernmental organisations (NGOs), and the International Red Cross and Red Crescent Movement are among the list of protected persons under international humanitarian law that gran ...
*
Convention on Certain Conventional Weapons The United Nations Convention on Certain Conventional Weapons (CCW or CCWC), concluded at Geneva on October 10, 1980, and entered into force in December 1983, seeks to prohibit or restrict the use of certain conventional weapons which are cons ...
*
Customary international humanitarian law Customary international humanitarian law is a body of unwritten rules of public international law, which govern conduct during armed conflict. Customary international law Customary international law, like international treaty law, is recognized a ...
*
Declaration on the Protection of Women and Children in Emergency and Armed Conflict The Declaration on the Protection of Women and Children in Emergency and Armed Conflict was adopted by the United Nations in 1974 and went into force the same year. It was proposed by the United Nations Economic and Social Council, on the grounds t ...
*
Geneva Conference (disambiguation) Geneva Conference may refer to: * Geneva peace talks on Syria (2017) * Geneva peace talks on Syria (2016) * Geneva II Conference on Syria (2014) * Geneva I Conference on Syria (2012) * Agreed Framework (1994, Geneva), between North Korea and the ...
*
Geneva Academy of International Humanitarian Law and Human Rights The Geneva Academy of International Humanitarian Law and Human Rights () is a postgraduate joint center (between the University of Geneva and the Graduate Institute of International and Development Studies) founded in 2006 and located in Geneva, ...
*
German Prisoners of War in the United States Members of the German military were interned as prisoners of war in the United States during World War I and World War II. In all, 425,000 German prisoners lived in 700 camps throughout the United States during World War II. World War I Hostili ...
*
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
– traditional rules on fighting wars * :Human rights * Human shield *
International Committee of the Red Cross The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
*
International Federation of Red Cross and Red Crescent Societies The International Federation of Red Cross and Red Crescent Societies (IFRC) is a worldwide humanitarian aid organization that reaches 160 million people each year through its 191 member National Societies. It acts before, during and after disas ...
*
International humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...
*
Laws of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
*
Lieber Code The Lieber Code (General Orders No. 100, April 24, 1863) was the military law that governed the wartime conduct of the Union Army by defining and describing command responsibility for war crimes and crimes against humanity; and the military res ...
General Order 100 * Nuremberg Principles *
Reprisal A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions (AP 1), reprisals in the laws of war are extremel ...
s * Rule of Law in Armed Conflicts Project *
Saint Petersburg Declaration of 1868 The Saint Petersburg Declaration of 1868 or in full Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight is an international treaty agreed in Saint Petersburg, Russian Empire, November 29 / December 11 ...
*
Targeted killing Targeted killing is a form of assassination carried out by governments Extrajudicial killing, outside a judicial procedure or a battlefield. Since the late 20th century, the legal status of targeted killing has become a subject of contention wit ...


References


Further reading

* Matthew Evangelista and Nina Tannenwald (eds.). 2017.
Do the Geneva Conventions Matter?
' Oxford University Press. * Giovanni Mantilla, " Conforming Instrumentalists: Why the USA and the United Kingdom Joined the 1949 Geneva Conventions," European Journal of International Law, Volume 28, Issue 2, May 2017, Pages 483–511. * Helen Kinsella,
The image before the weapon : a critical history of the distinction between combatant and civilian
Cornell University Press. * Boyd van Dijk (2022).
Preparing for War: The Making of the Geneva Conventions
'. Oxford University Press.


External links

*
Texts and commentaries of 1949 Conventions & Additional Protocols

The Geneva Conventions: the core of international humanitarian law
ICRC

video * Commentaries: *
GCI: Commentary
(PDF) *
GCII: Commentary
(PDF) *
GCIII: Commentary
(PDF) *
GCIV: Commentary
(PDF) {{Authority control Treaties concluded in Geneva