GENEVA CONVENTIONS

Geneva Conventions Defined

 Geneva conventions comprise of four treaties, and three additional protocols, that

establish the standards of international law for the humanitarian treatment in war.

 The singular term Geneva Convention usually denotes the agreements of 1949,

negotiated in the aftermath of the Second World War (1939-45), which updated the

terms of the first three treaties (1864, 1906, 1929), and added a fourth.

 The Geneva Conventions extensively defined the basic rights of wartime prisoners

(civilians and military personnel); established protections for the wounded and sick;

and established protections for the civilians in and around a war-zone.

 The treaties of 1949 were ratified, in whole or with reservations, by 196 countries.

History

1859 - Swiss businessman Henry Dunant went to visit wounded soldiers after the Battle

of Solferino

1862 - Dunant published a book A Memory of Solferino

He proposes:

 A permanent agency for humanitarian aid in times of war (Red Cross)

 A government treaty recognizing the neutrality of the agency and allowing it to

provide aid in a war-zone (1864 Geneva Conventions)

The former proposal led to the establishment of the Red Cross in Geneva. The latter
led to the 1864 Geneva Conventions, the first codified international treaty that covered

the sick and wounded soldiers in the battlefield. For both of these accomplishments,

Henry Dunant became co-recipient of the first Nobel Peace Prize in 1901.

August 22, 1864 - The ten articles of this first treaty were initially adopted by twelve

nations.

July 6, 1906 - The second treaty was first adopted in the Geneva Convention for the

Amelioration of the Condition of the Wounded and Sick in Armies at Sea.

July 27, 1929 - Geneva Convention relative to the Treatment of Prisoners of War.

1949 - Inspired by the wave of humanitarian and pacific enthusiasm following World War

II and the outrage towards the war crimes disclosed by the Nuremberg Trials, a series of

conferences were held reaffirming, expanding and updating the prior three Geneva

Conventions and adding a new elaborate Geneva Conventions relative to the Protection

of Civilian Persons in Time of War.

Content of the Conventions

 First Geneva Convention

The First Geneva Convention for the Amelioration of the Condition of the

Wounded in Armies in the Field, held in 1864, is the first of four treaties of the

Geneva Conventions. It defines “the basis on which rest the rules of international law

for the protection of the victims of armed conflicts. After the first treaty was adopted

in 1864, it was significantly revised and replaced by the Second Geneva Convention

in 1906, followed by the third Geneva Convention in 1929, and finally the Fourth
 Geneva Convention in 1949. It is inextricably linked to the International Committee

of the Red Cross, which is both the instigator for the inception and enforcer of the

articles in these conventions.

 Geneva Convention (1929)

The Geneva Convention (1929) was signed at Geneva, July 27, 1929. Its official

name is the Convention relative to the Treatment of Prisoners of War, Geneva July

27, 1929. It entered into force June 19, 1931. It is this version of the Geneva

Conventions which covered the treatment of prisoners of war during World War II. It

is the predecessor of the Third Geneva Convention signed in 1949.

The International Committee of the Red Cross states that:

Provisions concerning the treatment of prisoners of war are contained in the Hague

Regulations of 1899 and 1907. In the course of World War I they revealed several

deficiencies as well as a lack of precision. Such defects were partly overcome by special

agreements made between belligerents in Berne in 1917 and 1918. In 1921, the

International Red Cross Conference held at Geneva expressed the wish that a special

convention on the treatment of prisoners of war be adopted. The International Committee

of the Red Cross drew up a draft convention which was submitted to the Diplomatic

Conference convened at Geneva in 1929. The Convention does not replace but only

completes the provisions of the Hague regulations. The most important innovations

consisted in the prohibition of reprisals and collective penalties, the organization of

prisoners’ work, the designation by the prisoners, of representatives and the control

exercised by protecting Powers.

The Geneva Convention relative to the Protection of Civilian Persons in Time of

War, 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 1949, and defines humanitarian protections for civilians in a war zone. There

are currently 196 countries party to the 1949 Geneva Conventions, including this and

the other three treaties.

In 1993, the United Nations Security Council adopted a report from the

Secretary-General and a Commission of Experts which concluded that the Geneva

Conventions had passed into the body of customary international law, thus making

them binding on non-signatories to the Conventions whenever they engaged in armed

conflicts.

Protocols

The 1949 conventions have been modified with three amendment protocols:

 Protocol I

Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to

the protection of victims of international conflicts, where “armed conflicts in which

peoples are fighting against colonial domination, alien occupation or racist regimes”

are to be considered international conflicts. It reaffirms the international laws of the

original Geneva Convention of 1949, but adds clarifications and new provisions to

accommodate developments in modern international warfare that have taken place

As of June 2013, it had been ratified by 174 states, with the United States, Israel,

Iran, Pakistan, India, and Turkey being notable exceptions. However, the United

States, Iran and Pakistan signed it on 12 December 1977, which signifies an intention

to work towards ratifying it. According to an appeal by the International Committee

of the Red Cross in 1997, a number of the articles contained in both protocols are

recognized as rules of customary international law valid for all states, whether they

have ratified them or not.

 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 internal armed

conflicts that take place within the borders of a single country. The scope of these

laws is more limited than those of the rest of the Geneva Conventions out of respect

for sovereign rights and duties of national governments.

As of January 2015, the protocol had been ratified by 168 countries, with the

United States, Turkey, Israel, Iran, Pakistan, and Iraq being notable exceptions.

However, the United States, Iran, and Pakistan signed it on 12 December 1977,

which signifies an intention to work towards ratifying it. According to an appeal by

the International Committee of the Red Cross in 1997, a number of the articles

contained in both protocols are recognized as rules of customary international law

valid for all states, whether or not they have ratified them.
 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 personnel at times

of war, instead of the traditional Red Cross, or Red Crescent symbols. People

displaying any of these protective emblems are performing a humanitarian service

and must be protected by all parties to the conflict.

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. The topic of applicability has generated some controversy. When the

Geneva Conventions apply, governments have surrendered some of their national

sovereignty by signing these treaties.

Philippine and Geneva Conventions

1951 - ratified the first Geneva Convention

2012 - ratified Protocol I

1986 - ratified Protocol II

2006 - ratified Protocol III

Latest Updates

President Duterte invokes Geneva Convention; warns NPA on use of landmines .

protocol on use of destructive explosives as he warned the New People’s Army (NPA)

against the use of landmines, otherwise he would pull out the GRP Peace Panel from the

negotiation table with the National Democratic Front of the Philippines (NDFP) in the

August 20 peace talks in Oslo, Norway.

He issued the warning at the wake of the slain soldiers whose bodies were mutilated

from a landmine explosion planted by the New People’s Army (NPA) rebels in series of

attacks last Friday in Barangay Rizal, Monkayo, Compostela Valley that left three

soldiers dead and ten wounded and in Parasanon, Maragusan, Compostela Valley with

one soldier dead.

Two rebels also died and one was wounded in the two incidents.

On Aug. 4, the NPA also attacked a patrolling army that left two soldiers wounded.

The clashes came after President Duterte lifted the government’s unilateral ceasefire

with the communists.

Speaking to the media at past 2 am Sunday at the Naval Forces Camp in Panacan, the

President addressed the Communist Party of the Philippines (CPP) on the rules of war.

“Kasi po, if it is to your advantage and I have been around in government for the lat

40 years, you are the very first to cry foul when something goes wrong, even in the

handling of prisoners, marami pong sundalo and idenimanda ninyo (you have filed

charges againts many soldiers) under the Geneva Convention in the handling of

prisoners”, he said.

He reminded that one of the “very humane provisions, ibinabawal po ‘yung landmine

(landmine is prohibited). I cannot understand for the life of me, that if it is to your
advantage, you invoke the Geneva Conventions provisions.”

The President noted he had been telling rebels about the use of landmine. “Akala ko

ba sumusunod tayo sa Geneva Convention (I thought we adhere to the Geneva

Convetnion?)” he quipped.

The Philippines has been a signatory to the Geneva Conventions which set rules

dealing on the treatment of wounded and sick armed forces in the field; the convention

dealing on the sick, wounded and shipwrecked members of the armed forces at sea;

convention dealing on the treatment of prisoners of war during times of conflict; and the

convention on the treatment of civilians and their protection during wartime.

The Philippines is also a signatory to the Convention of Certain Conventional

Weapons of which under Protocol II prohibits and restricts Use of Mines, Booby-Traps

and other devices.

President Duterte has given the CPP a 24-hour ultimatum to commit against

landmines or the choice that he will also order the Armed Forces to use landmines if they

are in the position and ambush rebels. “Which is which?” he asked.

“I cannot be - a different rule for you and - a different rule for the Armed Forces of

the Philippines and the police. Or would you rather?” he added.

“Decide now: Gagamit ba tayo ng landmine? Kasi kung gagamit tayo (Will we use

landmine? If we use, I will order the Armed Forces to prepare the explosives also,

ordinance, para tabla (so we are on par). Eh bakit yung sundalo lang ng gobyerno

magdusa nito? Lahat tayo (Why would only the soldiers of the government suffer on this?

All of us.) I can understand ‘yung prinsipyo mo (I can understand your principles), fine.”

President Duterte said he has been pleading to continue the peace to end the 45-year
insurgency in the country, even keeping his silence the past days after lifting the

unilateral ceasefire despite the ranting of CPP founding chair Jose Maria Sison.

“But this cannot go on, this crazy thing about - just na-landmine ito, ‘yung mukha

wala na. And this has been going on for 45 years. Ano and naibigay ninyo sa Pilipinas

actually? (What have you offered for the Philippines?) You cannot even hold a barangay.

Influence, yes.” he added.

The President is still committed to continue with the peace talks but asked the

communist movement to decide because he does want to hear another explosion that

would kill the civilians and the soldiers.

He also insisted to include the landmine issues or else no talks at all. “Then we fight

for another 45 years,” he said, adding that he would even use funds for basic services for

the recruitment of additional forces and war against insurgents.

“Either you stop it or we stop talking. Fight nalang, another 45 years.” he stressed.

On Friday at around 7:50am, pursuing troops were waylaid by about 60 NPA rebels

in the same village, who set off improvised bombs. Three soldiers dies and ten others

were wounded.

10th Infantry Division spokesperson Captain Rhyan Batchar said a female rebel were

also killed while three others were captured during the incident, one of whom was

wounded and was given first-aid by the soldiers.

Major General Rafael Valencia, Commander of the 10th Infantry Division, joined the

people’s call for peace through negotiations as he underscored the urgency to “end this

senseless violence because they are Filipinos.”

While they will not be on tactical offensive, Valencia said they will not hesitate to
use legitimate force to protect communities and the people from any armed group

terrorizing them.
The four Geneva Conventions, adopted in 1949, with two additional protocols in 1977

and a third one in 2005, marked the widest and most detailed attempt to codify war

crimes, providing one of the foundations for international humanitarian law. Amongst the

war crimes they identified are the following:

> Wilful killing

> Torture or inhuman treatment, including biological experiments

> Wilfully causing great suffering or serious injury to body or health

> Compelling civilians or prisoners of war to serve a hostile power

> Wilfully depriving civilians or prisoners of war of a fair trial

> The taking of hostages

> Unlawful deportation, transfer of confinement

> Wanton destruction and appropriation of property not justified by military

necessity.