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Overview: Protecting the Byzantine Empire and the Lieber Code The Red Cross
Vulnerable in War used during the United States Civil War. and International
International humanitarian law (IHL) is
The development of modern Humanitarian Law
a set of rules that seek for humanitarian
international humanitarian law is The Red Cross and the Geneva
reasons to limit the effects of armed
credited to the efforts of 19th century Conventions were born when Henry
conflict. IHL protects persons who are Dunant witnessed the devastating
Swiss businessman Henry Dunant. In
not or who are no longer participating in consequences of war at a battlefield
1859, Dunant witnessed the aftermath
hostilities and it restricts the means and in Italy. In the aftermath of that battle,
of a bloody battle between French
methods of warfare. IHL is also known Dunant argued successfully for the
and Austrian armies in Solferino, Italy. creation of a civilian relief corps to
as the law of war and the law of armed
The departing armies left a battlefield respond to human suffering during
conflict.
littered with wounded and dying men. conflict, and for rules to set limits on
A major part of international Despite Dunant’s valiant efforts to how war is waged.
humanitarian law is contained in the mobilize aid for the soldiers, thousands Inspired in part by her work in the
four Geneva Conventions of 1949 that died. Civil War, Clara Barton would later
have been adopted by all nations in found the American Red Cross and
In “A Memory of Solferino,” his book also advocate for the U.S. ratification
the world. The Conventions have been
about the experience, Dunant proposed of the first Geneva Convention.
expanded and supplemented by two
that trained volunteer relief groups
further agreements: the Additional
be granted protection during war in
Protocols of 1977, relating to the
order to care for the wounded. A group
protection of victims of armed conflicts,
known as the Committee of Five,
and the 2005 Additional Protocol III,
which later became the International
relating to the adoption of an additional
Committee of the Red Cross, formed
distinctive emblem.
in Geneva in 1863 to act on Dunant’s
These Conventions provide specific suggestion. Dunant also suggested a
rules to safeguard combatants, or formal agreement between nations “for
members of the armed forces, who the relief of the wounded.”
are wounded, sick or shipwrecked,
Several months later, diplomats from
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Summary of the Geneva Conventions of 1949
and Their Additional Protocols
International Humanitarian Law April 2011
• Wounded or sick combatants are to “enact any legislation necessary to Local civilians may be asked to care for
be collected and cared for by either provide effective penal sanctions for the wounded and sick.
side in a conflict; and persons committing or ordering to be
Art. 12
• The symbol of a red cross on a committed any of the grave breaches
The wounded and sick shall be
white background (the reverse (violations)” of the Conventions.
respected and protected without
of the Swiss flag in honor of the
The following pages provide a basic discrimination on the basis of sex, race,
origin of this initiative) will serve
overview of the Conventions and nationality, religion, political beliefs or
as a protective emblem to identify
Protocols and a quick reference to other criteria.
medical personnel, equipment, and
the legal text of the treaties. For a
facilities. Art. 12
comprehensive listing of all legal
The wounded and sick shall not be
provisions, please refer to the actual
Known as the Geneva Convention, this murdered, exterminated or subjected to
treaty documents.
agreement became the foundation torture or biological experiments.
of modern international humanitarian The First Geneva Convention
Art. 15
law, which now encompasses four The Geneva Convention for the
The wounded and sick shall receive
conventions and three additional Amelioration of the Condition of the
adequate care.
protocols. Collectively, they represent Wounded and Sick in Armed Forces in
modern efforts to protect people in the Field of August 12, 1949. Art. 15
times of armed conflict. The First Geneva Convention protects The wounded and sick shall be
soldiers who are hors de combat (out protected against pillage and ill
The Geneva Conventions of the battle). The 10 articles of the treatment.
of 1949 and Their original 1864 version of the Convention
Arts. 15-16
Additional Protocols have been expanded in the First
All parties in a conflict must search
In 1949, an international conference of Geneva Convention of 1949 to 64
for and collect the wounded and sick,
diplomats built on the earlier treaties articles that protect the following:
especially after battle, and provide the
for the protection of war victims,
• Wounded and sick soldiers information concerning them to the
revising and updating them into four
• Medical personnel, facilities and Central Tracing and Protection Agency
new conventions comprising 429
equipment of the International Committee of the
articles of law—known as the Geneva
• Wounded and sick civilian support Red Cross (ICRC).
Conventions of August 12, 1949. The
personnel accompanying the armed
Additional Protocols of 1977 and 2005 The Second Geneva Convention
forces
supplement the Geneva Conventions. The Geneva Convention for the
• Military chaplains
Amelioration of the Condition of
The Geneva Conventions apply in all • Civilians who spontaneously take
Wounded, Sick and Shipwrecked
cases of declared war, or in any other up arms to repel an invasion
Members of Armed Forces at Sea of
armed conflict between nations. They
August 12, 1949
also apply in cases where a nation is Specific provisions include:
partially or totally occupied by soldiers The Second Geneva Convention adapts
Art. 9
of another nation, even when there is the protections of the First Geneva
This Convention, like the others,
no armed resistance to that occupation. Convention to reflect conditions at
recognizes the right of the ICRC to
sea. It protects wounded and sick
Nations that ratify the Geneva assist the wounded and sick. Red Cross
combatants while on board ship or
Conventions must abide by certain and Red Crescent national societies,
at sea. Its 63 articles apply to the
humanitarian principles and impose other authorized impartial relief
following:
legal sanctions against those who organizations and neutral governments
violate them. Ratifying nations must may also provide humanitarian service. • Armed forces members who are
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Summary of the Geneva Conventions of 1949
and Their Additional Protocols
International Humanitarian Law April 2011
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Summary of the Geneva Conventions of 1949
and Their Additional Protocols
International Humanitarian Law April 2011
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Summary of the Geneva Conventions of 1949
and Their Additional Protocols
International Humanitarian Law April 2011
To this end, the following acts are and The Protocols Additional to Art. 35
shall remain prohibited at any time and the Geneva Conventions of Use of weapons that “cause
in any place whatsoever with respect to 1949 superfluous injury or unnecessary
the above-mentioned persons: In 1977, two Protocols supplementary suffering,” as well as means of warfare
to the Geneva Conventions were that “cause widespread, long-term,
(a) Violence to life and person, in
adopted by an international diplomatic and severe damage to the natural
particular murder of all kinds, mutilation,
conference to give greater protection to environment” are prohibited.
cruel treatment and torture;
victims of both international and internal
Arts. 43-44
(b) Taking of hostages; armed conflicts.
Protocol I seeks to clarify the military
(c) Outrages upon personal dignity, in As of 2010, 170 nations have ratified status of members of guerrilla forces
particular, humiliating and degrading Protocol I and 165 have ratified in the following manner: It includes
treatment; Protocol II. Any nation that has ratified provisions granting combatant and
the Geneva Conventions but not the prisoner of war status to members
(d) The passing of sentences and the
Protocols is still bound by all provisions of dissident forces when under the
carrying out of executions without
of the Conventions. command of a central authority. Such
previous judgment pronounced by a
combatants cannot conceal their
regularly constituted court, affording Protocol I (102 Articles)
allegiance; they must be recognizable
all the judicial guarantees which are Protocol additional to the Geneva
as combatants while preparing for or
recognized as indispensable by civilized Conventions of 12 August 1949, and
during an attack.
peoples. Relating to the Protection of Victims of
International Armed Conflicts Arts. 51, 54
2. The wounded, sick and It outlaws indiscriminate attacks on
Protocol I expands protection for
shipwrecked shall be collected civilian populations and destruction of
the civilian population as well as
and cared for. food, water and other materials needed
military and civilian medical workers in
for survival.
An impartial humanitarian body, such international armed conflicts.
as the International Committee of the Arts. 56, 53
Specific provisions include:
Red Cross, may offer its services to the Dams, dikes and nuclear generating
Parties to the conflict. The Parties to Arts. 15, 79, Arts. 76-77 stations may not be attacked, nor can
the conflict should further endeavor to Special protections are provided for cultural objects and places of worship.
bring into force, by means of special women, children and civilian medical
Art. 77
agreements, all or part of the other personnel, and measures of protection
Recruitment of children under age 15
provisions of the present Convention. for journalists are specified.
into the armed forces is forbidden.
The application of the preceding
Arts. 17, 81
provisions shall not affect the legal Art. 85
The ICRC, national societies or other
status of the Parties to the conflict. It is a war crime to use one of the
impartial humanitarian organizations
protective emblems recognized by the
authorized by parties to the conflict
Geneva Conventions to deceive the
must be permitted to provide
opposing forces or to use other forms
assistance.
of treachery.
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Summary of the Geneva Conventions of 1949
and Their Additional Protocols
International Humanitarian Law April 2011
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Summary of the Geneva Conventions of 1949
and Their Additional Protocols
International Humanitarian Law April 2011
The Emblems Under conference in 1929, although the red also used to identify the programs and
International Humanitarian lion and sun is no longer in use. In activities of the Red Cross and Red
Law December 2005, governments adopted Crescent national societies.
Those drafting the Geneva Convention the Third Additional Protocol adding the
Widespread understanding and
of 1864 foresaw the need for a red crystal.
acceptance of these humanitarian
universal symbol of protection easily
Under the Geneva Conventions, the emblems is crucial to saving lives and
recognizable on the battlefield. In honor
three distinctive emblems of the red alleviating suffering.
of the origin of this initiative, the symbol
cross, red crescent and red crystal are
of a red cross on a white background
intended to identify and protect medical
(the reverse of the Swiss flag) was
and relief workers, military and civilian
identified as a protective emblem in
medical facilities, mobile units and
conflict areas. The red crescent and
hospital ships during armed conflict.
red lion and sun emblems were later
More generally, these emblems are
recognized by nations at a diplomatic
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