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FReeper Canteen ~ The Geneva Convention ~ April 2, 2007
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Posted on 04/01/2007 4:44:20 PM PDT by StarCMC

The FReeper Canteen
looks at

The Geneva Convention

 

International Humanitarian Law  

Until the middle of the 19th century all of the treaties concerning war victims' protection were circumstantial and binding only for the signing parties. These agreements were purely military-designed, based on strictly binding mutual obligations; and they were in force only during specific armed conflict.

The 1864 Geneva Convention laid the foundations for the contemporary humanitarian law. It was in a whole characterized by:

  • standing written rules of universal scope to protect the victims of conflicts;
  • its multilateral nature, open to all States; the obligation to extend care without discrimination to wounded and sick military personnel;
  • respect for and marking of medical personnel, transports and equipment using an emblem (red cross on a white background).

The creation of the modern humanitarian law was strongly tied with the International Red Cross and Red Crescent Movement, changing the matter of things. It was a big step towards humanity. Since then countries are bound by multilateral treaty, which is in force forever and on every occasion.

 

The history of humanitarian law
 

It all began in June 1859, when a merchant named Henry Dunant was traveling through the war-ravaged plain of Normandia, north of Italia, after the battle of Solferino. Seeing thousands of wounded soldiers left dying in the mercy of fate, he appealed to the local inhabitants to come and help, insisting that combatants from both sides should be taken care of. There and then it crossed the Dunant's mind an idea about the creation of the Red Cross;. so he decided to tell the world about experienced horrors of war and wrote a book "A memory of Solferino", let it be mentioned here that with this work he initiated the news reports' epoch. In his book, published in 1862, he made two solemn appeals; firstly, for relief societies to be formed in the peacetime with nurses who would be ready to care for the wounded in wartime. Secondly, for these volunteers, who would be called upon to assist the military medical services, to be recognized and protected through an international agreement. These ideas soon materialized in the creation of the "International Committee for Relief to the Wounded", which later became the International Committee of the Red Cross.

In response to an invitation from the International Committee, representatives from sixteen countries and four philanthropic institutions gathered at an International Conference in Geneva in 1863. This event marked the founding of the Red Cross as an institution. But this was only the first step. Henry Dunant and the other members of the Committee wanted official and international recognition of the Red Cross and its ideals. They wanted a Convention to be adopted which would ensure the protection of medical services on the battlefield.

To this end the Swiss government agreed to convene a Diplomatic Conference which was held in Geneva in 1864. Representatives of twelve governments took part and adopted a treaty prepared by the International Committee and entitled the "Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field". This agreement, with its ten articles, was the first treaty of international humanitarian law. Subsequently, further conferences were held, extending the basic law to other categories of victims, such as prisoners of war. In 1899 in the Hague it was signed the next Convention, adjusting Geneva Convention's principles to the war-action at sea. In 1906, the ten articles of the First Convention were improved and complemented. And in 1907 under the terms of this Convention,. In the Hague it were determined all combatants' categories who had the war-prisoner's status when detained as well as the right for the adequate treatment during their captivity. In 1929, these Conventions were developed further and affirmed one more time.

In the aftermath of the Second World War, a Diplomatic Conference deliberated for four months before adopting the four Geneva Conventions of 1949, which for the first time included provisions for the protection of civilians in wartime. In 1977, the Conventions were supplemented by two Additional Protocols. 

The First Geneva Convention, signed in 1864, was the first treaty of international humanitarian law. In 1899 in the Hague it was signed the next convention, applying the Geneva convention to war action at sea.

And in 1907 The Hague Convention determined combatants' categories. In 1929 these conventions were developed further and expanded one more time. In 1949 during the international conference it was adopted Geneva convention "Civil persons' protection during the war-time" as well transcribed three previous adapted conventions and submitted their texts. The Geneva convention from 1949 and additional Protocols in toto nearly 600 paragraphs is law achievement with a historical importance.

The essential rules of international humanitarian law
 

Persons who do not or can no longer take part in the hostilities are entitled to respect for their life and for their physical and mental integrity. Such persons must in all circumstances be protected and treated with humanity, without any unfavorable distinction whatever.

It is forbidden to kill or wound an adversary who surrenders or who can no longer take part in the fighting.

The wounded and sick must be collected and cared for by the party to the conflict which has them in its power. Medical personnel and medical establishments, transports and equipment must be spared. The red cross or red crescent on a white background is the sign protecting such persons and objects and must be respected.

Captured combatants and civilians who find themselves under the authority of the adverse party are entitled to respect for their life, their dignity, their personal rights and their political, religious and other convictions. They must be protected against all acts of violence or reprisal. They are entitled to exchange news with their families and receive aid.

Everyone must enjoy basic judicial guarantees and no one may be held responsible for an act he has not committed. No one may be subjected to physical or mental torture or to cruel or degrading corporal punishment or other treatment.

Neither the parties to the conflict nor members of their armed forces have an unlimited rights to choose methods and means of warfare. It is forbidden to use weapons or methods of warfare that are likely to cause unnecessary losses or excessive suffering.

The parties to a conflict must at all times distinguish between the civilian population and combatants in order to spare the civilian population and civilian property. Neither the civilian population as whole nor individual civilians may be attacked. Attacks may be made solely against military objectives.

 

Geneva Conventions
 

The basic principles of Geneva conventions are reposing on the respect of the human being and are respecting its dignity.

Individuals, who do not take direct part in hostilities as well as individuals, can not take part in these actions due illness, wound, captivity or other reasons, are entitled to be respected and protected against conflicting sides' military operations' consequences without any unfavorable distinction whatever.

Additional protocols are extending action field, concerning it to any individual, involved in a military conflict. Moreover, these protocols oblige warring sides and combatants not to attack civilians and civil objects as well oblige to guarantee the providing of military operations in compliance with the generally accepted humanitarian law

Geneva conventions, accepted on August the 12th, 1949

The protection provided by the Conventions applies to the following categories of persons:

The First Convention - wounded and sick members of the armed forces in the field;
The Second Convention - wounded, sick, and shipwrecked members of the armed forces at sea as well as shipwreck victims;
The Third Convention - prisoners of the war;
The Fourth Convention - civilians in times of war.

The Additional Protocols
 

The ICRC, being the initiator and the guardian of international humanitarian law, is responsible for its development in order to be in step with warfare changes. The law are formed in a consecutive stages, as well providing the revision of existing documents whenever the Committee considers it as a necessary measure. Committee's legal experts organize and participate in meetings and conferences aimed at improving the protection of war victims. Banning the use of certain weapons, such as anti-personnel landmines and blinding weapons, is among the issues currently being examined.

In the 1965 ICRC decided that it was coming up to this measure. Even if the Geneva Conventions dated 1949 have not lost their importance and significance, they were incomplete in the terms of the necessity to protect the victims of modern military conflicts. For that reason ICRC began research the possibilities to fill these gaps in existing law, providing them with the additive protocols. In February, 1974, Swiss government convened a diplomatic conference in order to discuss the draft protocols. Invited were 115 countries who signed Geneva conventions or/and the member states of United Nations Organization. In this conference it took part observers representing 14 national liberation organizations as well as 35 intergovernmental and non-governmental organizations; 102 official representatives adopted 102 paragraphs of the First protocol concerning protection of the victims of international military conflicts, as well as 28 paragraphs of the Second protocol concerning the protection of the victims of local conflicts. In June the 10th, 1977, there was the official ceremony of the signing of these Protocols, but in general these activities had the ceremonial character. The two Additional Protocols of 1977 supplement the Conventions which aim to limit the use of violence and protect the civilian population by strengthening the rules governing the conduct of hostilities.

ICRC's relation with other international humanitarian law.
 

As a neutral and private organization, whose all participants are Swiss citizens, as well as an initiator of the acceptance of the Geneva Convention, ICRC is taking responsibility for the adoption of these conventions. Moreover, in account of its neutrality this Committee is based in a convenient place to offer its assistance to the victims of the warring-sides military conflicts.

In the first place, ICRC is a real helper to the wounded and sick military personnel, as well as shipwreck victims and the prisoners of war, whose condition it seeks to improve from the moment of their capturing to their release.

For that purpose it

  • delegates its representatives to the internment camps, concentration camps or/and labor camps where the imprisoned people are kept;
  • representatives evaluate these prisoners' lodging and boarding conditions as well as attitude against them;

if necessary, representatives make an appeal to prisoner-keeping country to reach an preferable improvements.

ICRC is acting in favor of the civil persons in the territory of enemy and in the occupied regions. In the case of local military conflicts the Committee acts as a neutral mediator (see para 3 common to all four Geneva conventions from 1949).

Another sphere of the action of the ICRC is providing the searching of the missing persons as well as an exchange of information between the family members divided by military conflicts. The central searching institution of the ICRC, based in Geneva, too, has recently data-based the amount of 55 million cards in which there are summarized 30 millions of specific cases in the hundred years' period.

Eventually, the ICRC is an organization, to which can refer those civilians who in the case of war are starving. It's not a rare situation when ICRC is the one and only institution who can overstep the barbed wires, blockade, as well can make free movements in the occupied territories providing food, medicine and clothes, blankets etc. to those are in need.

Depending on the scale of help needed, the ICRC turns for help to the National committees of the ICRC, the League of the Red Cross organizations, to the governments not included in war-conflict as well as non-governmental institutions.

 Information found here.

Links

Full Text of the Geneva Conventions

Army Study Guide on the Geneva Conventions

 

 

Next week: 
Remembering Matt Maupin ~ Missing but not forgotten.
 



TOPICS: Culture/Society; Extended News; Free Republic
KEYWORDS: canteen; genevaconvention; troopssupport
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To: StarCMC

LOL.
Are ya going to give us a play by play all night?;)


21 posted on 04/01/2007 4:58:32 PM PDT by Mrs.Nooseman (Proudly supporting our Troops,Allies and our President GW!!!)
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To: Army Air Corps
Thanks for a timely focus on the Geneva Conventions

From:
http://www.freerepublic.com/focus/f-news/1810131/posts

Get tough on Iran [ Los Angeles Times ?!? op-ed

No matter where the Iranian capture took place, Tehran's British detainees are entitled to all of the rights and privileges of prisoners of war under the Geneva Convention. They are the regular service members of a sovereign state. They were on duty, in uniform and following lawful orders when they were taken captive in an unprovoked act of aggression.

The Geneva Convention, which binds Iran, requires that the captives be treated honorably and humanely. ...

Moreover, once the armed conflict that brought the Geneva Convention into play — Iran's capture of the British force operating in Iraqi waters — has ended, they must be released at once. Unless Iran now considers itself to be engaged in active hostilities against Britain — and potentially, with Britain's allies such as the United States — the sailors must be repatriated. POWs cannot be held beyond the close of active hostilities. That is the law.

As I wrote there, it is so nice to read someone who actually comprehends the Geneva Conventions well enough to explain them to readers. It is clear that if Iran doesn't release these soldiers immediately that they consider there to be in existance a war between themselves and the UK, and therefore all the UK's allies.

This is not just a "grave concern", or even "deplorable"... this means war.

22 posted on 04/01/2007 4:58:45 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: TASMANIANRED

I planned this thread before the latest events - I did when I was thinking about Matt Maupin. We'll be remembering him on next week's thread.


23 posted on 04/01/2007 4:58:46 PM PDT by StarCMC (FR is a success, in spite of all...cats they've sacrificed ...demon gods they've prayed to. - Bryan)
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To: StarCMC
Geneva Switzerland


24 posted on 04/01/2007 4:59:11 PM PDT by Tamar1973 (Every Thread a BYJ Thread (http://www.byj.co.kr/))
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To: Mrs.Nooseman

LOL! Nope! (at least I wasn't planning to! LOL)

Just enjoying it! :-)


25 posted on 04/01/2007 4:59:50 PM PDT by StarCMC (FR is a success, in spite of all...cats they've sacrificed ...demon gods they've prayed to. - Bryan)
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To: TASMANIANRED
I noticed that we have a fool moon coming on,because the people are starting to behave weird.
26 posted on 04/01/2007 5:00:22 PM PDT by Mrs.Nooseman (Proudly supporting our Troops,Allies and our President GW!!!)
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To: TASMANIANRED
I am trying to find humour in the Iranian situation so that I do not go bonkers.

Personally, I find it funny the fact that the Iranians supplied GPS coordinate to the UK that proved that the abductees were in Iraqi waters. When the Brits noted this to the Iranians, the nuts changed the coordinates.

27 posted on 04/01/2007 5:01:13 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: AFPhys

You are correct, sir. My first REAL reading of the Geneva Convention was when there waqs discussion about whther the "enemy combatants" at Gitmo should be considered criminals (terrorists), and held according to criminal law; or whether they qualified for protection under the Geneva Convention. I am of the mind that they are criminals and not enemy combatants, as defined by the Geneva Convention.


28 posted on 04/01/2007 5:02:50 PM PDT by StarCMC (FR is a success, in spite of all...cats they've sacrificed ...demon gods they've prayed to. - Bryan)
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To: StarCMC

LOL.
Okay.
It's great that you are enjoying the game and chat with us at the same time.:)


29 posted on 04/01/2007 5:03:20 PM PDT by Mrs.Nooseman (Proudly supporting our Troops,Allies and our President GW!!!)
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To: Mrs.Nooseman

I'm gonna have to bail for a while ~ I'll be back in a bit! *HUG*


30 posted on 04/01/2007 5:04:01 PM PDT by StarCMC (FR is a success, in spite of all...cats they've sacrificed ...demon gods they've prayed to. - Bryan)
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To: StarCMC

I should be around.
Hurry back.
{{{HUGS}}}


31 posted on 04/01/2007 5:04:58 PM PDT by Mrs.Nooseman (Proudly supporting our Troops,Allies and our President GW!!!)
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To: StarCMC; tomkow6; All

OH Star are you watching ESPN right now your Red parkatts they playing the Mets

Well report off Israeli News wire YNET claim that we may be attack Iran this summer

OH OH

Latest off Aussie age wire look like 4 are confirming missing when small tidal wave hit that town after quake hit Solomon Islands

GODZILLA bring them back


32 posted on 04/01/2007 5:06:35 PM PDT by SevenofNine ("We are Freepers, all your media belong to us, resistence is futile")
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To: StarCMC; MoJo2001; txradioguy; Jet Jaguar; tongue-tied; laurenmarlowe; AZamericonnie; MS.BEHAVIN; ..
Early Ping........

Click on the pic and I'll guide you
to the start of today's thread





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33 posted on 04/01/2007 5:09:57 PM PDT by Kathy in Alaska (~ God Bless and Protect Our Brave Protectors of Freedom~)
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To: TASMANIANRED
Holding my tongue re: Geneva Convention is about to kill me.

Well, at least you are not in Venezuela where sales of booze are illegal until, supposedly, the end of Holy Week.
34 posted on 04/01/2007 5:10:11 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: StarCMC






Supporting our Soldiers, Sailors, Marines, Airmen, and Coast Guardsmen
at more than 1,000 places across the U. S. and around the world.

~Tribute to Our Troops~


35 posted on 04/01/2007 5:14:54 PM PDT by AZamericonnie
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To: Kathy in Alaska; LUV W; All

Well report from CNN.com claim that former Secretary of Health Tommy Thompson going seek GOP nod in 2008


36 posted on 04/01/2007 5:16:32 PM PDT by SevenofNine ("We are Freepers, all your media belong to us, resistence is futile")
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To: Army Air Corps; StarCMC; Bethbg79; bentfeather; EsmeraldaA; MoJo2001; Kathy in Alaska; ...

Modern Law of Warfare Instituted During the Civil War

By Gerry J. Gilmore
American Forces Press Service

WASHINGTON, April 7, 2003 – President Abraham Lincoln instituted the modern law of war practiced by U.S. troops and most nations' militaries today.

Lincoln directed Professor Francis Lieber to write a code of wartime conduct for Union forces during the American Civil War, W. Hays Parks told Pentagon reporters today. Parks is the special assistant to the U.S. Army Judge Advocate General for law of war matters.

The Lieber Code "really formed the foundation for everything we have in our modern law of war today," Parks pointed out, noting that the code was published as U.S. Army General Orders No. 100 in 1863.

Lieber, German-born American professor of history, political science and law, researched world military history in creating his rules of warfare, Parks noted.

"And I think that's a very important point here," he said, "to understand that this is the way nations feel that they should conduct military operations."

Since the publication of the Lieber Code, there have been a number of other initiatives to codify proper conduct on the battlefield, Parks noted, such as The Hague conventions in 1899 and 1907.

Parks said a number of Geneva Conventions held over the years developed rules for the protection of war victims.

Today, he noted, there are four 1949 Geneva Conventions. The first deals with military wounded and sick on the battlefield; the second, with military wounded, sick and shipwrecked, Parks said.

The third refers to prisoners of war and their protection, he continued, and the fourth deals with enemy civilians or civilians in enemy hands.

"They are still in effect," Parks pointed out.

The 1949 Geneva Conventions were negotiated after World War II, Parks remarked, noting that 190 out of 194 nations in the world today are parties to them.

"That includes the United States and Iraq," he emphasized. In fact, he noted, more governments are signatories to the Geneva Conventions than there are member nations of the United Nations.

The protections "apply when the members of the armed forces of one belligerent nation or their civilians fall into the hands of an enemy belligerent," Parks explained. In the case of POWs, he added, this can happen through capture or surrender to enemy military forces.

POWs must be humanely treated, Parks pointed out, noting that any action or negligence causing the death of a POW or endangering his or her health is prohibited and is a serious violation of the convention.

Also, POWs must be removed from the battlefield as soon as feasible and at all times be protected from physical and mental harm, Parks said, adding that POWs must also be provided adequate food, shelter and medical aid.

POWs must be protected against acts of violence or intimidation, he pointed out, as well as insults and public curiosity.

Under questioning, POWs are required to provide only their name, rank, serial number and date of birth, Parks asserted. They may not be forced to provide any other information.

POWs may not be subjected to physical or mental torture, he emphasized, noting those who refuse to answer questions may not be threatened, insulted or exposed to unpleasant treatment of any kind.

Subject to valid security issues, POWs are entitled to retain their personal property and protective equipment, Parks remarked. These items, he said, may not be taken from a POW unless they're properly accounted for and receipted.

Representatives from the International Committee of the Red Cross must be permitted access to prisoners of war as soon as practical, Parks pointed out. All POWs must be protected against assault including sexual assault.

Female POWs must be treated with regard due to their gender and, like all POWs, are entitled to respect for their person and their honor, he explained.

The United States and Iraq also are parties to the 1949 Geneva Convention on the Wounded and Sick, Parks noted. This convention, he pointed out, also deals with the protection and respect for enemy and dead on the battlefield. Warring sides are required to protect the dead against pillage and ill treatment, he noted, and to ensure that the dead are honorably interred, their graves respected.

Identity and other information, Parks noted, are provided to the International Committee of the Red Cross.

Parks said American and coalition forces in Iraq conduct all operations in compliance with the law of war. And he pointed out that there's no other country that devotes more resources to training and compliance with the laws of war than the United States.

U.S. and coalition forces have planned for the protection and proper treatment of all Iraqi POWs under each of the Geneva Conventions, Parks noted. And he said such plans are woven into current allied operations.

America and its coalition partners detained 86,743 Iraqi POWs during Operation Desert Storm in 1991, Parks pointed out. These Iraqi POWS "were given all the protections required by the Geneva Conventions," he noted.

U.S. and coalition forces in Iraq today "are providing, and will continue to provide, captured Iraqi combatants with the protections of the Geneva Conventions and other pertinent international laws," Parks emphasized.

Iraq has not yet allowed International Committee of the Red Cross officials to visit with American and coalition POWs it now holds, Parks stated. He noted that American POWs captured during Operation Desert Storm weren't released by the Iraqis until the war had ended.

However, arrangements have been made to enable ICRC representatives to visit with Iraqi POWs held by U.S. and coalition forces, he said.

Related Articles:
Iraqi Regime: 'Systematic Disregard for the Law of War'

37 posted on 04/01/2007 5:16:38 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: StarCMC; All

Why is it we always get into fights with those countreis that do not believe in human rights the way we do....

As for Iran may I suggest MOAB!!


38 posted on 04/01/2007 5:19:23 PM PDT by TMSuchman (American by birth, Rebel by choice, Marine by act of GOD!)
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To: StarCMC

Thank ya, thank ya.


39 posted on 04/01/2007 5:19:47 PM PDT by TASMANIANRED (Taz Struck By Lightning Faces Battery Charge)
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To: Kathy in Alaska
http://www.freerepublic.com/focus/f-news/1810236/posts

Canada blasts Iran over hostages

40 posted on 04/01/2007 5:20:00 PM PDT by fanfan ("We don't start fights my friends, but we finish them, and never leave until our work is done."PMSH)
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