Reference Guide to the Geneva Conventions
Alphabetical Index
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As soon as circumstances permit, the parties in whose
territories graves are situated shall conclude agreements to facilitate by relatives
of the deceased and by representatives of official graves registration services.
(Protocol I, Art. 34, Sec. 2)
In the case of prisoners of war, burial and cremation records,
as well as the ashes, must be kept by the detaining power until it's possible
to hand them over to the home country. (Convention III, Art. 120)
Representatives or delegates of the protecting powers shall have permission to go to all places where interned civilians are, particularly to places of internment, detention and work. They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter. ( Convention IV, Art. 143)
Captured medical personnel or members of the Red Cross or
other aid organizations must be allowed to periodically visit prisoners of war
in labor units or hospitals outside the camp. ( Convention I, Art. 28a )
Representatives of the protecting powers shall have permission to
visit all places where prisoners of war may be, particularly to places of internment,
imprisonment and labor. They must be able to interview the prisoners without
witnesses, either personally or through an interpreter. ( Convention III, Art. 126)
Prisoners of war who are accidentally injured in connection
with work shall receive all the care that they need. ( Convention III, Art. 54)
Furthermore, unless the injuries were self-inflicted, seriously
injured prisoners must be sent back to their own countries once they are well
enough to travel. ( Convention III, Art. 109 and Art.
114)
Internees who are accidentally injured at work must receive
the same compensation as national workers. ( Convention IV, Art. 40 and Art.
95)
The same applies to civilians in occupied territories. ( Convention
IV, Art. 51)
See prisoners of war, money and internees, money .
See aggression.
According to the Charter of the United Nations, every state
has the duty to refrain from the threat or use of force against the sovereignty,
territorial integrity, or political independence of any state. ( Protocol
I, Preamble )
The Geneva Conventions must not be construed as legitimizing
or authorizing any act of aggression or any other use of force inconsistent
with the Charter of the United Nations. ( Protocol I, Preamble)
Attacks against crops, livestock and agricultural areas needed for food production for the civilian population are prohibited. ( Protocol I, Art. 54 , Sec. 2)
Prisoners of war who aid and abet escapes or escape attempts shall be liable only for disciplinary punishment . ( Convention III, Art. 93)
Prisoners of war must have immediate access to shelters against
air raids and any other hazards no less than the local civilian population.
( Convention III, Art. 22 )
The above also applies to civilian internees. ( Convention
IV, Art. 88)
See medical transports .
No party to the Geneva Conventions can absolve itself, or another party, of liability for grave breaches of the Geneva Conventions. ( Convention I, Art. 51; Convention II, Art. 52; Convention III, Art. 131; Convention IV, Art. 148)
Practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination are prohibited and are considered grave breaches of the Geneva Conventions. ( Protocol I, Art. 85, Sec. 4)
Area bombardments occur when a number of clearly separated
military objectives are treated as a single military objective, and where there
is a similar concentration of civilians or civilian objects. ( Protocol I, Art. 51 , Sec. 5a)
Area bombardments and other indiscriminate attacks are forbidden.
( Protocol I, Art. 57, Sec. 2b)
An indiscriminate attack affecting the civilian population
or civilian objects and resulting in excessive loss of life, injury to civilians
or damage to civilian objects is a grave breach of the Geneva Conventions. ( Protocol I, Art. 85, Sec. 3)
See also indiscriminate attacks.
Whenever circumstances permit, an armistice or cease-fire
shall be arranged to permit the removal, exchange and transport of the wounded
left on the battlefield. ( Convention I, Art. 15 )
Pretending to seek a cease-fire with the intent to betray the
confidence in order to kill, injure or capture an adversary is perfidy and is
prohibited. ( Protocol I, Art. 37, Sec. 1a)
Medical personnel will wear a red cross on a while background emblem on their armlets. Alternative symbols include the red crescent and the red lion and sun. ( Convention I, Art. 39 )
Cremation can take place only for imperative reasons of hygiene
or if required by the religion of the deceased. Ashes must be kept until proper
disposal is possible. ( Convention I, Art. 17 )
These guidelines also apply to dead prisoners of war ( Convention
III, Art. 120) and internees. ( Convention
IV, Art. 130)
Prisoners of war must have the right to legal advice, particularly
in the case of preparing powers of attorney and wills. ( Convention
III, Art. 77)
The same applies to civilian internees. ( Convention IV, Art. 113 )
Military commanders must have access to legal advisers to instruct
them on the application of the Geneva Conventions. ( Protocol
I, Art. 82)
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Prisoners of war must have access to baths and showers, as
well as sufficient soap and water for personal toilets and for laundry. Women
prisoners must have separate facilities. ( Convention
III, Art. 29)
The above also applies to internees. ( Convention IV, Art. 85 )
Also known as a party to a conflict.
Biological experiments on the wounded and sick are prohibited
(Convention I, Art. 12) and are considered
grave breaches of the Geneva Conventions. (Convention
I, Art. 50)
Biological experiments against shipwrecked combatants are prohibited
(Convention II, Art. 12) and are considered
grave breaches of the Geneva Conventions. (Convention
II, Art. 51)
Biological experiments against prisoners
of war are prohibited and are considered grave
breaches of the Geneva Conventions. (Convention
III, Art. 130)
Biological experiments against civilians
are prohibited and are considered grave breaches
of the Geneva Conventions. (Convention IV, Art.
147)
Prohibited under the 1925 Geneva Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare.
Blind prisoners are singled out in the Geneva Convention as deserving of special facilities. The detaining power must provide needed treatment and equipment, including glasses. (Convention III, Art. 30)
Relief consignments, equipment and personnel must be able
to pass rapidly and freely if the assistance is meant for the civilian population
of the opposing side. This includes medicines, religious items, food and clothing.
(Convention IV, Art. 23; Protocol
I, Art. 70, Sec. 2)
An exception may be made if there is fear that the shipments
would be diverted to help the military. (Convention
IV, Art. 23)
Starvation of civilians as a method of warfare is prohibited.
(Protocol I, Art. 54, Sec. 1)
Although protected persons may not be subject to medical experiments or forced to donate organs, they may be asked to donate blood or give skin for grafting. These donations must be entirely voluntary, without coercion or inducement, and take place under medical conditions that are generally accepted as adequate and only for therapeutic purposes. (Protocol I, Art. 11, Sec. 3)
Burial of the dead must be carried out individually if possible
and must be preceded by a careful examination in order to confirm death and
establish identity. The burials should be honorable and, if possible, according
to the rites of the religion to which the deceased belonged. Graves must be
properly maintained, with adequate record keeping, so that they may be found
later. (Convention I, Art. 17)
The above guidelines also apply to dead prisoners of war (Convention
III, Art. 120) and dead internees. (Convention
IV, 130)
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All prisoner of war camps must have canteens where prisoners
can get food, soap, tobacco and other everyday items. Prices may not be higher
than in the surrounding area. Any profits must be set aside for the benefit
of the prisoners. (Convention III, Art. 28)
Similarly, internees must have access to canteens, unless equivalent
facilities are already available. Profits must be set aside for the benefit
of the internees. (Convention IV, Art. 87)
Area bombardments and other indiscriminate attacks are forbidden.
If it becomes apparent that an objective is not a military one, or if an attack
is expected to cause incidental loss of civilian life, injury to civilians or
damage to civilian objects then the attack must be canceled or suspended. (Protocol
I, Art. 57, Sec. 2b)
An indiscriminate attack affecting the civilian population
or civilian objects and resulting in excessive loss of life, injury to civilians
or damage to civilian objects is a grave breach
of the Geneva Conventions. (Protocol I, Art. 85,
Sec. 3)
The detailing power may set a limit to the amount of cash
a prisoner of war may have in his or her possession. The rest may be collected
and put into an individual account. (Convention
III, Art. 58 and Art. 59)
Similar guidelines apply to internees. (Convention
IV, Art. 97 and Art. 98)
Whenever circumstances permit, an armistice or cease-fire shall be arranged to permit the removal, exchange and transport of the wounded left on the battlefield. (Convention I, Art. 15)
Letters written by prisoners may be censored but a detaining
power cannot use the excuse of not having enough translators to limit the number
of letters that prisoners are allowed, unless the protecting power agrees. (Convention
III, Art. 71)
The censoring must take place as quickly as possible by the
dispatching state and the receiving state, and only once by each. The examination
of packages must take place in the presence of a prisoner or a prisoner's chosen
representative. Any prohibition of correspondence must be temporary and as short
as possible. (Convention III, Art. 76)
Similar guidelines apply to internees' mail. (Convention
IV, Art. 112)
Letters written by captured chaplains may be censored. (Convention
III, Art. 35)
Chaplains are considered protected persons under Convention
I. They may not renounce their rights (Convention
I, Art. 7) and their rights may not be negotiated away (Convention
I, Art. 6).
Chaplains who are captured may not be considered prisoners
of war, and may be detained only if they are needed by the other prisoners.
(Convention I, Art. 28 and Convention
III, Art. 33)
In addition to the being allowed to send the same number of
letters as the prisoners of war, chaplains may also write additional letters
with ecclesiastical authorities and international religious organizations. The
letters may be censored. (Convention III, Art.
35)
Chaplains are not combatants and have no right to participate
directly in hostilities. (Protocol I, Art. 43,
Sec. 2)
Prisoners of war who are ministers of religion, even if they
haven't officiated as chaplains in their own forces, must be free to minister
to members of their own religion and receive the same treatment as those recognized
as chaplains. They can't be required to do any other work. (Convention
III, Art. 36)
Prohibited under the 1925 Geneva Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare.
Parties to a conflict must respect children, provide them
with any care or aid they require, and protect them from any form of indecent
assault (Protocol I, Art. 77, Sec. 1).
Children under 15 must not participate in hostilities and must
not be recruited into the armed forces. (Protocol
I, Art. 77, Sec. 2; Protocol II, Art. 4,
Sec. 3C)
Those children who do participate in hostilities do not lose
their protections under the Geneva Conventions, including the right to an education.
(Protocol II, Art. 4, Sec. 3d)
Children who have committed an offense related to the armed
conflict before their 18th birthday cannot be subject to the death penalty.
(Protocol I, Art. 77, Sec. 5)
If arrested, detained or interned, children must be held in
separate quarters from adults, unless they are with their families. (Protocol
I, Art. 77, Sec. 4)
Warring parties must try to make local agreements to allow
the removal of children from besieged or encircled areas. (Convention
IV, Art. 17)
Warring parties must allow the free passage of medicine, food
and clothing intended for children under 15. (Convention
IV, Art. 23)
Warring parties must ensure that orphans
or lost children are not left alone, and that they are taken care of and allowed
to practice their religion and pursue their education
in their cultural tradition if possible. (Convention
IV, Art. 24)
Mothers with dependent infants should not be, if at all possible,
sentenced to the death penalty for an offense related to the armed conflict,
and such sentences must not be carried out. (Protocol
I, Art. 76, Sec. 3)
Children under 15 must not participate in hostilities and must not be recruited into the armed forces. (Protocol I, Art. 77, Sec. 2; Protocol II, Art. 4, Sec. 3c)
See places of worship.
Prisoners of war must be allowed to use tobacco. (Convention
III, Art. 26)
Tobacco must be available to prisoners of war at canteens.
(Convention III, Art. 28)
Similarly, tobacco must be available to internees. (Convention
IV, Art. 87)
Civil defense in occupied territories is covered in Protocol
I, Sections 61 through 67.
Civil defense refers to humanitarian tasks intended to protect
the civilian population. These include warning, evacuation, shelter management,
blackouts management, rescue, medical services including first aid and religious
assistance, firefighting, detecting and marking danger areas, provision of emergency
shelters and supplies, emergency policing, emergency utility repair, and emergency
disposal of the dead as well as other related tasks. (Protocol
I, Art. 61, Sec. 1)
An occupying power may not change the structure of these organizations
in any way that interferes with their functioning, or compel its personnel to
carry out other tasks. (Protocol I, Art. 63,
Sec. 1 and Sec. 2)
Civil defense personnel may be disarmed for security reasons.
(Protocol I, Art. 63, Sec. 3)
The international civil defense symbol is a blue triangle on
an orange background. (Protocol I, Art. 66,
Sec. 4)
Members of civil defense organizations may bear light individual
weapons in order to maintain order or for self-defense. (Protocol
I, Art. 65, Sec. 3)
Civil defense personnel must be clearly identified with distinctive
symbols and identity cards. (Protocol I, Art. 66)
Protocol II extends the protection of the Geneva Conventions to non-international conflicts.
Civilians have special protections under Convention
IV, Protocol I, and Protocol
II.
They must be treated humanely, without discrimination based
on race, color, religion or faith, sex, birth or wealth, or other similar criteria.
Violence to life and person including murder, mutilation, cruel
treatment and torture are prohibited.
The taking of hostages is prohibited.
Outrages upon personal dignity, including humiliating and degrading
treatment are prohibited.
Sentences and executions without a judgment from a regularly
constituted court and without benefit of the standard judicial guarantees are
prohibited. (Convention IV, Art. 3)
See civilian population,
women, murder, rape,
torture, discrimination,
civilian property, places
of worship, cultural objects, grave breaches,
and indiscriminate bombing to start with.
Combatants must distinguish between civilian and military
objects and attack only military targets. (Protocol
I, Art. 48)
See places of worship, indiscriminate
attacks.
A civilian is any person who does not belong to any of the following categories: members of the armed forces, militias or volunteer corps, organized resistance movements, and residents of an occupied territory who spontaneously take up arms. If there is any doubt whether a person is civilian, then he or she is to be considered a civilian. (Protocol I, Art. 50, Sec. 1)
The civilian population comprises all persons who are civilians.
(Protocol I, Art. 50, Sec. 2)
The civilian population is protected under the Geneva Conventions
and these protections are not affected by the presence of combatants in the
population. (Protocol I, Art. 50, Sec. 3)
These protections include the right to be free from attacks,
reprisals, acts meant to instill terror, and indiscriminate
attacks. Civilian populations must not be used as
civilian shields. (Protocol I, Art. 51)
Combatants must distinguish between civilian and military
property and attack only military property. (Protocol
I, Art. 48)
See places of worship, indiscriminate
bombing.
Civilians must not be used to protect military installations or operations against attacks. (Protocol I, Art. 51, Sec. 7)
Feigning of civilian or non-combatant status is perfidy and prohibited by the Geneva Conventions. (Protocol I. Art. 37, Sec. 1)
Civilians who commit an offense against an occupying power
which does not include an attempt against the lives of members of the occupying
force or administration, pose a grave collective danger, or seriously damage
property or installations of the occupying power may only be punished by internment
or imprisonment. (Convention IV, Art. 68)
If civilians in an occupied territory are charged with an offense
that carries a punishment of to two or more years of imprisonment, their protecting
power must be notified immediately. If the notification is not received at least
three weeks before the first hearing, the trial shall not proceed. (Convention
IV, Art. 71)
See blockades.
If an internee doesn't have adequate and sufficient clothing,
the detaining power must provide it. The clothing must not expose them to ridicule.
Protective clothing must be provided at worksites that require it. (Convention
IV, Art. 90)
If internees are transferred, they must have adequate clothing.
(Convention IV, Art. 127)
Prisoners must be supplied with clothing, underwear and footwear
that is both sufficient and suitable for the climate. (Convention
III, Art. 27)
Prisoners of war must not be forced to give up their own clothing,
even if it is military issue. (Convention III,
Art. 18)
Prisoners who are being evacuated must have adequate clothing.
(Convention III, Art. 20)
If a prisoner of war is found wearing civilian clothing, he
or she may only be subject to disciplinary
punishment. (Convention III, Art. 93)
Prisoners of war may not be tortured mentally or physically,
and no other form of coercion may be used during interrogation. Prisoners of
war who refuse to answer must not be punished in any way. (Convention
III, Art. 17)
Prisoners of war may not be tortured or coerced into admitting
guilt during a judicial proceeding. (Convention
III, Art. 99)
Civilians must not be tortured or coerced, particularly to
obtain information from them or third parties. (Convention
IV, art. 31)
Civilians must not be coerced to donate blood
or skin grafts. (Protocol
I, Art. 11, Sec. 3)
Public officials or judges in occupying territories may not
be coerced into continuing to work if they abstain for reasons of conscience.
(Convention IV, Art. 54)
See torture, interrogation.
Weapons, projectiles and methods of warfare that cause superfluous
injury or unnecessary suffering are prohibited. (Protocol
I, Art. 35, Sec. 2)
See carpet bombing, civilian
population, civilian property,
environment.
Civilians must not be punished for offenses that they personally did not commit. Collective penalties, intimidation and penalties against civilian populations are prohibited. (Convention IV, Art. 33)
Combatants have protections under the Geneva Conventions, as
well as obligations.
Convention I offers protections
to wounded combatants, who are defined as members of the armed forces of a party
to an international conflict, members of militias or volunteer corps including
members of organized resistance movements as long as they have a well-defined
chain of command, are clearly distinguishable from the civilian population,
carry their arms openly, and obey the laws of war. (Convention
I, Art. 13, Sec. 1 and Sec. 2)
See wounded combatants for
a list of protections.
Convention II extends these
same protections to those who have been shipwrecked (Convention
II, Art. 13)
Convention III offers a wide range of protections to combatants
who have become prisoners of war. (Convention
III, Art. 4)
For example, captured combatants cannot be punished for acts
of war except in the cases where the enemy's own soldiers would also be punished,
and to the same extent. (Convention III, Art.
87)
See prisoner of war for a list
of additional protections.
However, other individuals, including civilians, who commit
hostile acts and are captured do not have these protections. For example, civilians
in an occupied territory are subject to the existing penal
laws. (Convention IV, Art. 64)
The 1977 Protocols extend the definition of combatant to include
any fighters who carry arms openly during preparation for an attack and during
the attack itself, (Protocol I, Art. 44, Sec.
3) but these Protocols aren't as widely accepted as the four 1949 conventions.
In addition to rights, combatants also have obligations under
the Geneva Conventions.
In the case of an internal conflict, combatants must show humane
treatment to civilians and enemies who have been wounded or who have surrendered.
Murder, hostage-taking and extrajudicial executions are all forbidden. (Convention
I, Art. 3)
For more protections afforded the civilian population, see
civilian immunity.
Although all combatants are required to comply with international
laws, violations do not deprive the combatants of their status, or of their
right to prisoner of war protections if they are captured. (Protocol
I, Art. 44, Sec. 2)
A mercenary does not have the right
to be a combatant or a prisoner of war. (Protocol
I, Art. 37)
A superior who has information to the effect that a subordinate was committing or was going to commit a breach of the Geneva Conventions must take all feasible measures to prevent or repress the breach. If the superior fails to act, he or she can face penal discipline. (Protocol I, Art. 86, Sec. 2)
No prisoner of war may be compelled to serve in the military
forces of the hostile power. (Convention III,
Art. 130) Violations are grave breaches of
the Geneva Convention. (Convention III, Art.
130)
Civilians in an occupied territory may not be compelled to
serve in the military forces of the hostile power. (Convention
IV, Art. 51) Violations are grave breaches
of the Geneva Convention. (Convention IV, Art.
147)
Concentration camps, though not mentioned explicitly in the
Geneva Conventions, violate a number of provisions, including those concerning
unlawful confinement and
due process.
See also food, shelter,
medical care, murder, torture,
collective punishment, and children.
See also ethnic cleansing and
civilian populations.
Prisoners of war may be confined as a disciplinary
punishment, except where it would be inhuman, brutal, or dangerous to their
health. (Convention III, Art. 88)
Prisoners of war may not be held in close confinement except
for reasons of health, and then only as long as medically necessary. (Convention
III, Art. 21)
A prisoner may be confined for no more than 30 days at a time,
with a minimum of three days before any additional punishment. (Convention
III, Art. 90)
No prisoner shall spend more than 14 days in confinement waiting
the resolution of a disciplinary offense. (Convention
III, Art. 95)
Women prisoners shall be confined separately and under the
supervision of women. (Convention III, Art. 97)
Internees may also be confined as a disciplinary punishment,
with similar limitations as for prisoners of war. (Convention
IV, Art. 117, Art. 124 and Art.
125)
Unlawful confinement of
civilians is a grave breach of the Geneva Convention.
(Protocol IV, Art. 147)
Prisoners of war must have medical inspections at least once
a month to check for contagious diseases, especially tuberculosis, malaria and
venereal disease. The most efficient methods available must be employed. (Convention
III, Art. 31)
Similarly, monthly medical inspections are required in internment
camps to check for the same diseases. (Protocol IV, Art. 92)
Occupying powers have the obligation to use preventative measures
to control contagious diseases and epidemics. (Convention
IV, Art. 55)
Governments that have signed the Geneva Conventions.
See journalists.
Cremation can take place only for imperative reasons of hygiene
or if required by the religion of the deceased. Ashes must be kept until proper
disposal is possible. (Convention I, Art. 17)
These guidelines apply to dead combatants, as well as to dead
prisoners of war (Convention III, Art. 120)
and internees. (Convention IV, Art. 130)
Wounded and ill crew members, including masters, pilots and
apprentices, must receive all the protections accorded to wounded combatants.
(Convention I, Art. 13 and Convention
II, Art. 13)
Crew members who are taken prisoner must receive the same protection
as combatants who have been taken prisoner. (Convention
III, Art. 4)
War crimes are againt the customary
laws of war which are applicable in any conflict, regardless of whether
the country in question is a signatory to the Geneva Convention. They include
the rights listed in the common article 3 of the Geneva Conventions (Convention
I, Article 3) and the basics of human rights law – freedom from torture,
mutilation and rape, slavery,
and willful killing. Customary law also forbids
genocide, crimes
against humanity, as well as war crimes.
See grave breaches.
See agricultural areas.
Hostile acts and reprisals against historic monuments, works
of art and places of worship which constitute the cultural or spiritual heritage
of peoples are prohibited. Such objects must not be used in support of the military
effort. (Protocol I, Art. 53 and Protocol
II, Art. 16)
If such objects are attacked when they're not located near
a military target or used for the war effort, then the attack is a grave
breach of the Geneva Conventions. (Protocol
I, Art. 85, Sec. 4d)
These objects are also protected by the 1954 Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict.
See civilian property and
houses of worship.
Laws of war which are applicable in any conflict, regardless of whether the country in question is a signatory to the Geneva Convention. They include the rights listed in the common article 3 of the Geneva Conventions (Convention I, Article 3) and the basics of human rights law – freedom from torture, mutilation and rape, slavery, and willful killing. Customary law also forbids genocide, crimes against humanity, and war crimes.
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Prisoners of war may not be kept in dangerous zones unless
evacuation would pose an even greater risk to their health. (Convention
III, Art. 19)
Civilians must be allowed to leave conflict areas, unless their
departures are against state interests. (Convention
IV, Art. 35)
Aliens must to be allowed to leave danger zones to the same
extent as nationals. (Convention IV, Art. 38,
Sec. 4)
Dams, dikes, nuclear power plants and other dangerous installations
or nearby targets must not be attacked, even if they are military objectives,
if an attack may cause the release of dangerous forces and cause severe losses
among the civilian population. (Protocol I, Art.
56, Sec. 1)
If a dangerous installation is used for other than its normal
function and in regular, significant and direct support of the military effort
then it loses its special protections. (Protocol
I, Art. 56, Sec. 2) However, if it is attacked, the surrounding civilian
population is still entitled to precautionary
measures. (Protocol I, Art. 56, Sec. 3)
to be marked with three bright orange circles. (Protocol
I, Art. 56, Sec. 7)
Burial of the dead must be carried out individually if possible
and must be preceded by a careful examination in order to confirm death and
establish identity. The burials should be honorable and, if possible, according
to the rites of the religion to which the deceased belonged. Graves must be
properly maintained, with adequate record keeping, so that they may be found
later. (Convention III, Art. 120)
Cremation can take place only for imperative reasons of hygiene
or if required by the religion of the deceased. Ashes must be kept until proper
disposal is possible. (Convention III, Art.
120)
Death certificates, or certified lists, must include particulars
of identity, date and place of death, cause of death, date and place of burial,
and all information needed to find the graves, both for prisoners of war (Convention
III, Art. 120) and for internees. (Convention
IV, Art. 129)
The records must be forwarded, by the most immediate means,
to the powers concerned. (Convention III, Art.
122 and Convention IV, Art. 130)
death sentences
Prisoners of war and the protecting powers must be informed
as soon as possible about which offenses are punishable by death. Other offenses
may not be added to the list later without the agreement of the protecting power.
(Convention III, Art. 100)
An occupying power may sentence civilians to death only if
they are guilty of spying, serious acts of sabotage, or if they murdered one
or more people but only if these offenses were punishable by death by local
laws before the occupation began. (Convention
IV, Art. 68)
If civilians in an occupied territory are charged with an offense
that is punishable by death, their protecting power must be notified immediately.
If the notification is not received at least three weeks before the first hearing,
the trial shall not proceed. (Convention IV,
Art. 71)
See also fair trials.
Murder of civilians is prohibited, as is sentencing and executions without benefit of a regularly constituted court affording all guarantees recognized as indispensable by civilized peoples. (Convention I, Art. 3, Sec. 1)
A declaration of war is not required in order for the Geneva Conventions to apply.
Areas from which all mobile weapons and military equipment
have been evacuated and in which all military activity has ceased. (Protocol
I, Art. 60, Sec. 3)
Violating agreed-upon demilitarized zones is prohibited. (Protocol
I, Art. 60, Sec. 1)
Unnecessarily dental treatment of prisoners of war is prohibited. (Convention III, Art. 13)
Individual or mass deportations from an occupied territory
are prohibited regardless of motive. If evacuation is required, civilians may
be moved within an occupied territory or outside if absolutely necessary, but
must then be returned home as soon as hostilities in the area have ceased. (Convention
IV, Art. 47)
Civilians in an occupied territory must not be transferred
to a country where they have reason to fear persecution based on their political
or religious beliefs. (Convention IV, Art. 45)
The party to a conflict which is holding people in prisoner of war or internment camps.
dikes
Disabled prisoners must receive special care and rehabilitation
until they are repatriated. (Convention III,
Art. 30)
See wounded prisoners of
war.
disappearances
The Geneva Conventions do not specifically address the issue
of disappearances, but such actions do violate a number of provisions.
Foremost are the protections due to the civilian
population, including the right to be free of murder,
torture, and the right to a fair
trial.
Disciplinary punishment of prisoners is limited to monetary fines totaling not more than 15 days of pay, loss of special privileges, fatigue duty of two or less hours a day, or confinement. (Convention III, Art. 88)
Civilians and combatants who are hors de combat shall be treated without any adverse distinction based on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. (Convention I, Art. 3)
Prisoners of war must be housed under the same conditions as
the local forces of the detaining power. The premises must be dry, adequately
heated and lighted, and secured against fire. Women must have separate dormitories
from men. (Convention III, Art. 25)
If women who are not members of a family unit are interned
in the same place as men, then they must have separate sleeping quarters and
sanitary conveniences. (Convention IV, Art. 85)
Prisoners of war must have access to sufficient drinking water.
(Convention III, Art. 26)
Prisoners of war who are being evacuated must be provided with
sufficient drinking water. (Convention III, Art.
20 and Art. 46)
Internees must also be provided with sufficient drinking water
in internment camps (Convention IV, Art. 89)
and during transfers. (Convention IV, Art. 127)
Attacks against civilian drinking water installation and irrigation
works are prohibited. (Protocol I, Art. 54,
Sec. 2)
The passing of sentences and the carrying out of executions are forbidden unless all the judicial guarantees which are recognized as indispensable by civilized people have been met and a regularly constituted court has pronounced a judgment. (Convention I, Art. 3, Sec 1d)
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While respecting the individual preferences of each prisoner,
detaining powers must encourage educational pursuits and provide adequate facilities.
(Convention III, Art. 38)
Prisoners must be allowed to receive educational materials,
including books, scientific equipment, exams, musical instruments, and other
materials that allow them to study. (Convention
III, Art. 72)
The above also applies to internees. (Convention
IV, Art. 94 and Art. 108)
Warring parties must see to the education of orphans
or other children under 15 who have been separated
from their parents. The education must be entrusted, when possible, to people
of a similar cultural tradition. (Convention
IV, Art. 24)
An occupying power must support existing school systems and
make new arrangements, if necessary, for the education of orphans and children
who have been separated from their parents . (Convention
IV, Art. 50)
embargoes
See blockades.
The symbol of the red cross on a white background is reserved
for the use of medical services. (Convention
I, Art. 38)
The misuse of this emblem is prohibited. (Convention
I, Art. 53; Protocol I, Art. 38)
enemy aliens
Aliens in the territory of a party to a conflict have the
right to individual or collective relief, medical attention, and the freedom
to practice their religions. In addition, they must be allowed to leave danger
zones to the same extent as nations. (Convention
IV, Art. 38)
Refugees who do not have the protection of any government must
not be considered to be enemy aliens simply because of their nationality. (Convention
IV, Art. 44)
If state security makes it absolutely necessary, aliens may
be placed in assigned residences or interred. (Convention
IV, Art. 42)
More severe measures of control are prohibited. (Convention
IV, Art. 41)
Internees have a number of protections under Convention
I, Section IV. See internment.
enemy, surrender of
It is forbidden to kill or injure an enemy who surrenders who
is hors de combat.
It is forbidden to pretend to surrender, without an actual
intention to do so. See perfidy. (Protocol
I, Art. 37, Sec. 1)
enforcement of Geneva Conventions
Each Geneva Convention and Protocol spells out enforcement
procedures.
To start with, each party to the Conventions must seek out
violators and bring them to trial. (Convention
I, Art. 49)
In addition, parties may request an independent inquiry and
umpire to resolve disputes between parties. (Convention
I, Art. 52)
This inquiry may take the form of an international
fact-finding commission, as outlined in Protocol
I, Art. 90.
enlistment
Occupying powers must not use pressure, coercion or propaganda to recruit civilians into the armed forces. (Convention IV, Art. 51)
enslavement
Slavery and all forms of the slave trade are forbidden at all times and in all places. (Protocol II, Art. 4, Sec. 2f)
entrapment
See perfidy.
Methods or means of warfare that are intended or may be expected to case widespread, long-term and severe damage to the environment are prohibited. (Protocol I, Art. 35, Sec. 3)
epidemics
Occupying powers have the obligation to use preventative measures to control contagious diseases and epidemics. (Convention IV, Art. 55)
A prisoner who escapes and is recaptured can only be liable to a disciplinary punishment, even if it is a repeated offense. (Convention III, Art. 92)
Mass forcible transfers of civilians in an occupied territory
are prohibited, though the occupying power may evacuate people for safety reasons.
Those evacuated must be transferred back to their homes as soon as hostilities
have ceased. (Convention IV, Art. 49).
See deportation, transfer
of civilians.
evacuation of prisoners of war
extrajudicial executions
See murder.
While respecting the individual preferences of each prisoner, detaining powers must encourage exercise by providing adequate facilities. (Convention III, Art. 38)
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The passing of sentences and the carrying out of executions
are forbidden unless all the judicial guarantees which are recognized as indispensable
by civilized people have been met and a regularly constituted court has pronounced
a judgment. (Convention I, Art. 3, Sec 1d)
Depriving combatants, prisoners of war, refugees, or medical
or religious personnel of a fair trail is a grave
breach of the Geneva Convention. (Protocol
I, Art. 85, Sec. 4e)
false pretenses
See perfidy.
Each party to the conflict must assist family members who
are trying to find one another, and must support organizations that reunited
families, providing that those organizations conform to security regulations.
(Convention IV, Art. 26; Protocol
I, Art. 74)
Parties to internal conflicts are also responsible for facilitating
family reunions. (Protocol II, Art. 4, Sec.
3b)
If children are separated from their families during an evacuation,
the authorities arranging for the evacuation must furnish the Central Tracing
Agency of the International Committee of the Red Cross with a card for each
child, with that child's personal information and photograph. (Protocol
I, Art. 78, Sec. 3)
Civilians are entitled to their family rights in all circumstances.
(Convention IV, Art. 27)
An occupying power must ensure, to the greatest possible extent,
that families are not separated during a transfer or evacuation. (Convention
IV, Art. 49)
If a family is detained or interned, it shall, whenever possible,
be held in the same place or accommodated as a family unit. (Convention
IV, Art. 82; Protocol I, Art. 75, Sec.
5)
Interned families must have facilities for leading a proper
family life. (Convention IV, Art. 82)
In the case of missing or dead persons, the main guiding principles
for the parties to a conflict and for international humanitarian organizations
is the right of families to know the fates of their relatives. (Protocol
I, Art. 32)
Family members have the right to communicate news of a strictly
personal nature to other family members wherever they may be. (Convention
IV, Art. 25)
fatigue duties
Fatigue duties not exceeding two hours daily are among the
disciplinary punishments applicable to prisoners of war. (Convention
III, Art. 88)
Fatigue duties must not be applied to officers. (Convention
III, Art. 88)
See disciplinary punishment.
Women who are housed in the same prisoner of war camps as
men must have separate dormitories. (Convention
III, Art. 25)
In addition, women prisoners of war must have separate facilities
for personal hygiene. (Convention III, Art. 29)
Women prisoners of war cannot be punished more severely than
female or male members of the armed forces of the detaining power would
be for committing the same offense. (Convention
III, Art. 88)
Women prisoners of war who are undergoing disciplinary punishment
must be confined in separate quarters from men and must be under the immediate
supervision of women. (Convention III, Art. 97)
The above also applies to women who have been duly sentenced
to imprisonment. (Convention III, Art. 108)
In addition to the above provisions, there is an Annex I to
Convention III, titled "Model Agreement
Concerning Direct Repatriation and Accommodation in Neutral Countries of Wounded
and Sick Prisoners of War," which states that all women prisoners of war who
are pregnant or who are mothers with infants and small children are entitled
to accommodation in a neutral country (Convention
III, Annex I, Section B7)
Women must be protected against any attack on their honor,
including rape, enforced prostitution, or any form of indecent assault. Women
must also not be adversely discriminated against because of their sex. (Convention
IV, Art. 27)
Female internees may only be searched by a woman. (Convention
IV, Art. 97)
Pregnant women and mothers of children under seven are entitled
to the same benefits as nationals of the country in which they are interred.
(Convention IV, Art. 38, Sec. 5)
If women who are not members of a family unit are interned
in the same place as men, then they must have separate sleeping quarters and
sanitary conveniences. (Convention IV, Art. 85)
Women who are accused of offenses and detained must be confined
in separate quarters and under the direct supervision of women. (Convention
IV, Art. 76)
The above also applies to women internees undergoing disciplinary
punishment. (Convention IV, Art. 124)
The detaining power must try to release pregnant women and
mothers with young children, to repatriate them, or to find them accommodation
in a neutral country. (Convention IV, Art. 132)
See also pregnant women and mothers
with young children.
flag, with Red Cross symbol
See Red Cross emblem.
As a general principle, all wounded combatants, prisoners of
war, internees, and civilians are entitled to adequate food, shelter, and clothing.
See specific categories for more information.
See humane treatment
of prisoners of war.
See agricultural areas.
See blockades.
Detaining powers may compel prisoners of war who are physically
fit to do work in keeping with their age, sex, rank and physical aptitude as
long as they stay in good physical or mental health. (Convention
III, Art. 49)
Prisoners of war may be required to do work connected with
camp administration, installation or maintenance, agriculture, mining, manufacturing
(except for metallurgical, machinery and chemical industries), non-military
transport, commercial business, arts and crafts, domestic service and non-military
public utility services. (Convention III, Art.
50)
Prisoners of war must have suitable working conditions, not
inferior to those available to the nationals of the detaining power. These include
adequate accommodations, food, clothing, and equipment. (Convention
III, Art. 51)
No prisoner may be forced to do unhealthy or dangerous labor,
or labor that would be considered humiliating for a member of the detaining
power's armed forces. The removal of mines or similar devices is specifically
identified as dangerous labor. (Convention III,
Art. 52)
Aliens can only be forced to work to the same extent that nationals
are, and if they are of enemy nationality they may not be forced to do work
related to military operations. (Convention IV,
Art. 40)
free fire zones
Free fire zones violate the Geneva Conventions as they pertain to indiscriminate attacks against civilians.
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games
While respecting the individual preferences of each prisoner, detaining powers must encourage recreational pursuits and provide adequate facilities. (Convention III, Art. 38)
gas warfare
Prohibited under the 1925 Geneva Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare.
Geneva Conventions, enforcement of
Geneva Conventions, grave breaches of
See grave breaches of Geneva Conventions.
Genocide is a violation of the 1948 Convention on the Prevention
and Punishment of the Crime of Genocide.
It is a crime under international law both in peace and in
times of war and is defined as acts committed with intent to destroy, in whole
or in part, a national, ethnic, racial or religious group, including killing
or seriously injuring members of the group, imposing measures indented to prevent
births or forcibly transferring children.
Grave breaches of the Conventions and Protocols are war crimes.
Attacking a person who is hors de
combat. (Protocol I, Art. 85, Sec. 3)
Practices of apartheid and other
inhuman and degrading practices involving outrages upon personal dignity, based
on racial discrimination. (Protocol
I, Art. 85, Sec. 4)
Biological experiments
on the wounded and sick. (Convention I, Art.
12; Convention I, Art. 50)
Biological experiments against shipwrecked combatants. (Convention
II, Art. 12; Convention II, Art. 51)
Biological experiments against prisoners
of war. (Convention III, Art. 130)
Biological experiments against civilians.
(Convention IV, Art. 147)
Compelling a prisoner of to serve in the military forces of
the hostile power. (Convention III, Art. 130)
Any unlawful act which causes death or seriously endangers
the health of a prisoner of war. (Convention
III, Art. 13)
Unlawful transfer, deportation
or confinement of civilians, willful killing,
hostage taking and torture
. (Protocol IV, Art. 147)
Attacking cultural objects
when they're not located near a military target or used for the war effort.
(Protocol I, Art. 85, Sec. 4D)
Depriving civilians who are under the control of an enemy power
of the right to a fair trial (Convention
IV, Art. 147)
Depriving combatants, prisoners of war, refugees, or medical
or religious personnel of a fair trial. (Protocol
I, Art. 85, Sec. 4e)
See burial.
Guerrillas who follow the rules spelled out in the Geneva
Conventions are considered to have combatant status
and have some of the same rights as regular members of the armed forces.
In international conflicts, guerrillas must distinguish themselves
from the civilian population if they are preparing or engaged in an attack.
At a minimum, guerrillas must carry their arms openly. (Protocol
I, Art. 44, Sec. 3)
Under the earlier Geneva Conventions, which are more widely
recognized, a guerrilla army must have a well-defined chain of command, be clearly
distinguishable from the civilian population, carry arms openly and observe
the laws of war. (Convention III, Art. 4,
Sec. 2)
In the case of an internal conflict, combatants must show humane
treatment to civilians and enemies who have been wounded or who have surrendered.
Murder, hostage-taking and extrajudicial executions are all forbidden. (Convention
I, Art. 3)
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historical monuments
See cultural objects.
Combatants who are hors de combat are out of the fight are
and entitled to respect for their lives and physical and moral integrity. They
are to be protected and treated humanely, without adverse discrimination. (Convention
I Art. 3; Protocol I, Art. 4)
Attacking a person who is hors de combat is a grave breach
of the Geneva Conventions. (Protocol I, Art. 85,
Sec. 3)
Persons are hors de combat if they have been captured, if they
have surrendered, or if they are unconscious or otherwise incapacitated provided
that they do not attempt to fight or escape. (Protocol
I, Art. 41, Sec. 2)
Parachutists who eject from a damaged aircraft cannot be attacked
while they are descending. (Protocol I, Art. 42,
Sec. 1)
Parachuters who have landed in hostile territory must be given
a chance to surrender, unless they are clearly acting hostile. (Protocol
I, Art. 42, Sec. 2)
A hospital ship includes ships build and equipped by the military
forces for the sole purpose of assisting the wounded, sick and shipwrecked,
to treating them and transporting them. (Convention
II, Art. 22)
Hospital ships operated by relief societies and private individuals
must be under control of one of the parties to the conflict. (Convention
II, Art. 25)
Hospital ships must be declared to the opposing side at least
ten days before they are deployed, but once they are, they may not be attacked
or captured. (Convention II, Art. 22; Convention
I, Art. 20)
Hospital ships may have crew members who carry arms for self-defense
or for the maintenance of order; may have navigation or communication equipment;
may temporarily store arms taken from the wounded, sick, and shipwrecked; may
extend their humanitarian services to civilians; and may transport medical equipment
and personnel. (Convention II, Art. 35)
Hospital ships may not commit acts harmful to the enemy, or
use or possess a secret communication code. If they do, they lose their protections
under the Geneva Conventions after due warning has been given and a reasonable
time limit has passed. (Convention II, Art. 34)
Hospital ships must offer aid to all wounded, sick and shipwrecked
without discriminating by nationality. (Convention
II, Art. 30)
Warships have the right to demand that hospital ships, both
military and otherwise, give up all the sick and wounded who are fit to be moved,
provided that the warship has sufficient facilities to treat them. (Convention
II, Art. 14)
Fixed establishments and mobile medical units must be protected
and respected by all sides in a conflict. (Convention
I, Art. 19)
Hospitals may have personnel who carry arms for self-defense
or for the maintenance of order; may be protected by a picket, by sentries,
or by an escort; may temporarily store small arms and ammunition taken from
patients; may be associated with a veterinary unit; and may treat civilians.
(Convention I, Art. 22)
Hospitals may not be used to commit acts harmful to the enemy.
If they do, they lose their protections under the Geneva Conventions after due
warning has been given and a reasonable time limit has passed. (Convention
I, Art. 21)
The taking of hostages is forbidden, both in internal conflicts
(Convention I, Art. 3, Sec. 1B and Protocol
II, Art. 4, Sec. 2c) and international conflicts. (Convention
IV, Art. 34 and Protocol I, Art. 75, Sec.
2c)
In international conflicts, the taking of hostages is considered
a grave breach of the Geneva Conventions. (Convention
IV, Art. 147)
Also see the 1979 International Convention Against the Taking
of Hostages.
Prisoners of war may not be used as human shields, to protect
points or areas from attack. (Convention III,
Art. 23)
In international conflicts, civilians may not be used to protect
areas from military operations. (Convention IV,
Art. 28 and Protocol I, Art. 51, Sec. 7)
Medical units may not be used to protect military objectives
from attack. (Protocol I, Art. 12, Sec. 4)
Medical aircraft may not be used to protect military objectives
against attack. (Protocol I, Art. 28)
See hostage taking.
Internees retain their civilian status and may exercise all
attendant rights. (Convention IV, Art. 80)
Internees must be accommodated according to nationality, language
and customs. Family groups must be lodged together and with facilities for leading
a proper family life. (Convention IV, Art. 82)
Internees must not be housed in areas exposed to dangers of
war. (Convention IV, Art. 83)
Internees must be housed in clean and healthy buildings, adequately
heated and lighted, with suitable bedding, sanitary facilities, and separate
accommodations for women who are not members of a family group. (Convention
IV, Art. 85)
Internees must have access to premises suitable for religious
services of any denomination. (Convention IV,
Art. 86)
Internees must have enough food and drinking water to avoid
nutritional deficiencies and in keeping with their customary diet, with additional
food provided for pregnant and nursing mothers and young children. (Convention
IV, Art. 89)
Internees must be provided with adequate clothing, footwear,
and underwear. (Convention IV, Art. 90)
Internees must have access to adequate medical care. (Convention
IV, Art. 91)
See also medical care for internees.
Identification by tattooing or imprinting signs or markings
on the body is prohibited, and internees must not be subjected to prolonged
standing and roll-calls, punishment drill, military drill and maneuvers, or
reduction in food rations. (Convention IV, Art.
100)
In no case may disciplinary penalties be inhuman, brutal or
dangerous to the health of the internees. (Convention
IV, Art. 119)
Imprisonment in premises without daylight and all forms of
cruelty without exception are forbidden. (Convention
IV, Art. 118)
Internees may not be transferred to prisons to undergo disciplinary
punishment there. (Convention IV, Art. 124)
See also internees, punishment
of.
humane treatment of prisoners of war
Prisoners of war must be humanely treated at all times. Any
unlawful act which causes death or seriously endangers the health of a prisoner
of war is a grave breach of the Geneva Conventions.
In particular, prisoners must not be subject to physical mutilation>,
biological experiments, violence,
intimidation, insults,
and public curiosity. (Convention
III, Art. 13)
Prisoners of war must be interred on land, and only in clean
and healthy areas. (Convention III, Art. 22)
Prisoners of war are entitled to the same treatment given to
a country's own forces, including total surface and cubic space of dormitories,
fire protection, adequate heating and lighting, and separate dormitories for
women. (Convention III, Art. 25)
Prisoners of war must receive enough food to maintain weight
and to prevent nutritional deficiencies, with account of the habitual diet of
the prisoners. Food must not be used for disciplinary purposes. (Convention
III, Art. 26)
Prisoners of war must receive adequate clothing, underwear
and footwear. The clothing must be kept in good repair and prisoners who work
must receive clothing appropriate to their tasks. (Convention
III, Art. 27)
Also see clothing for
prisoners of war.
Prisoners of war must have adequate sanitary facilities, with
separate facilities for women prisoners. (Convention
III, Art. 29)
Prisoners of war must receive adequate medical attention. (Convention
III, Art. 30)
See medical care for
prisoners of war.
Prisoners of war must receive due process and fair trials.
(Convention III, Art. 82 through Art.
88)
Collective punishment for individual acts, corporal punishment,
imprisonment without daylight, and all forms of torture
and cruelty are forbidden. (Convention III, Art.
87)
humanitarian aid
Relief consignments, equipment and personnel must be able
to pass rapidly and freely if the assistance is meant for the civilian population
of the opposing side. This includes medicines, religious items, food and clothing.
(Convention IV, Art. 23; Protocol
I, Art. 70, Sec. 2)
An exception may be made if there is fear that the shipments
would be diverted to help the military. (Convention
IV, Art. 23)
Warring parties must allow the free passage of medicine, food
and clothing intended for children under 15. (Convention
IV, Art. 23)
humanitarian intervention
The Geneva Conventions cannot be used to justify the intervention, direct or indirect, in the internal affairs of a country. (Protocol II, Art. 3)
Prisoners of war must have adequate sanitary facilities, with
separate facilities for women prisoners. (Convention
III, Art. 29)
Prisoners of war must receive adequate medical attention. (Convention
III, Art. 30)
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identification documents
Every combatant must be issued an identity card and cannot
be taken away from combatants who have become prisoners of war. (Convention
III, Art. 17)
Family or identification documents may not be taken away from
an internee without a receipt being given. At no time may internees be left
without any identity papers at all. If they have none, the detaining authorities
must draw up special documents that will serve as identification papers. (Convention
IV, Art. 97)
immunity from attack
See human shields.
See civilians, imprisonment of; prisoners of war, imprisonment of and internees, punishment of.
incitement to genocide
Genocide is forbidden by the 1948 Genocide Convention, which
covers acts committed with intent to destroy, in whole or in part, a national,
ethnic, racial or religious group as such, as well as direct and public incitement
to commit genocide.
The Geneva Convention, as well, prohibits murder and adverse
distinction based on race, color, religion or faith, birth or wealth, or similar
criteria. (Convention I, Art. 3)
incurably sick
Incurably wounded and sick prisoners of war whose mental of physical fitness seems to have been gravely diminished must be repatriated directly to their home countries. (Convention III, Art. 110)
Parties to a conflict must respect children, provide them
with any care or aid they require, and protect them from any form of indecent
assault (Protocol I, Art. 77, Sec. 1).
Female civilians in an occupied territory, internees and refugees
must be protected against any attack on their honor, including rape, enforced
prostitution, or any form of indecent assault. (Convention
IV, Art. 27)
Outrages upon personal dignity, in particular humiliating and
degrading treatment, enforced prostitution and any form of indecent assault
is prohibited at any time and in any place whatsoever, whether committed by
civilians or military personnel. (Protocol I, Art.
75)
See also rape.
Indiscriminate attacks are those which are not directed at
a specific military objective or those which use a method of attack that cannot
be directed at or limited to a specific military objective. (Protocol
I, Art. 51, Sec. 4)
This includes area bombardment,
where a number of clearly separated military objectives are treated as a single
military objective, and where there is a similar concentration of civilians
or civilian objects. (Protocol I, Art. 51,
Sec. 5a)
This also includes attacks where the expected incidental loss
of civilian life or damage to civilian objects is excessive to the military
advantage anticipated. (Protocol I, Art. 51,
Sec. 5b)
Indiscriminate attacks are prohibited. (Protocol
I, Art. 51, Sec. 4)
Combatants must distinguish between civilian and military objects
and attack only military targets. (Protocol I,
Art. 48)
If it becomes apparent that an objective in an attack is not
a military one, or if that attack could cause incidental loss of civilian life
or damage to civilian objects, then the attack must be called off. (Protocol
I, Art. 57)
Information Bureau
At the beginning of a conflict or occupation, each of the parties
involved must create an Information Bureau in order to track personal information
about prisoners of war. (Convention III, Art.
122)
Records of personal information of wounded, sick or dead combatants
who fall into enemy hands must be forwarded to this Information Bureau as soon
as possible. (Convention I, Art. 16)
Records of graves or cremations must also be forwarded to the
Information Bureau as soon as circumstances permit, or, at the latest, at the
end of hostilities. (Convention I, Art. 17)
The above also applies in case of shipwrecks. (Convention
II, Art. 19)
Any articles of value or foreign currency which have not been
restored to repatriated prisoners of war must be forwarded to the Information
Bureau. (Convention III, Art. 119)
See humane treatment of prisoners of war, humane treatment of internees, civilian immunity.
intellectual pursuits
While respecting the individual preferences of each prisoner,
detaining powers must encourage intellectual pursuits and provide adequate facilities.
(Convention III, Art. 38)
Prisoners must be allowed to receive educational materials,
including books, scientific equipment, exams, musical instruments, and other
materials that allow them to study. (Convention
III, Art. 72)
The above also applies to civilian internees. (Convention
IV, Art. 94)
internal displacement
Individual or mass forcible transfers of civilians in occupied
areas are forbidden, regardless of motive. However, civilians may be temporarily
evacuated for safety reasons and returned back to their homes as soon as hostilities
in the area have ceased. (Convention IV, Art.
49)
See also ethnic cleansing.
International Committee of the Red Cross
See Red Cross.
International Fact-Finding Commission
The commission was established in 1991 in order to investigate
violations of international humanitarian law and to facilitate respect for that
law as outlined in Protocol I, Art. 90.
It may inquire into grave breaches
of the Geneva Conventions and investigate other violations with consent of all
parties involved. (Protocol I, Art. 90, Sec.
2)
Internees are entitled to personal financial accounts, are entitled to access to these accounts, and may draw on these accounts for personal expenses. (Convention IV, Art. 98)
All civil laws in a territory continue to apply to internees
who commit offenses during internment. However, if an act is only punishable
when committed by internees and not other civilians, then that act can only
be punished by disciplinary punishments. (Convention
IV, Art. 117)
These include fines totaling not more than two weeks' wages,
loss of special privileges, a maximum of two hours of fatigue duties a day,
or confinement not to exceed thirty consecutive days. (Convention
IV, Art. 119)
Imprisonment in premises without daylight and all forms of
cruelty without exception are forbidden. (Convention
IV, Art. 118)
Internees may not be transferred to prisons to undergo disciplinary
punishment there. (Convention IV, Art. 124)
See also humane treatment
of internees.
If an occupying power considers it necessary for imperative
reasons of security, it may restrict civilians to assigned residents or to internment.
Due process must be followed and internees must have the right of appeal. In
addition, cases must be reviewed regularly, every six months if possible. (Convention
IV, Art. 78)
If the internee is no longer able to work, then the occupying
power must provide employment opportunities comparable to those of other civilians
or otherwise ensure the internee's support. (Convention
IV, Art. 39)
In addition, internees must be allowed to receive allowances
from their home countries, from the protecting power, or from relief societies.
(Convention IV, Art. 39)
See also humane treatment
of internees; internees, punishment of.
Civilians in an occupied territory must not be subject to physical or moral coercion for the purposes of obtaining information from them or from third parties. (Convention IV, Art. 31)
interrogation of prisoners of war
Prisoners of war are only obligated to provide names, ranks,
date of birth, army, personal or serial identification numbers or equivalent
information. Failure to do so may result in loss of special privileges. (Convention
III, Art. 17)
No physical or mental torture, nor any other form of coercion
may be inflicted. Prisoners who refuse to answer questions may not be threatened,
insulted or exposed to unpleasant or disadvantageous treatment of any kind.
(Convention III, Art. 17)
Prisoners of war must be questioned in a language they can
understand. (Convention III, Art. 17)
Civilians in an occupied territory must not be subject to collective penalties or any other measures of intimidation or terrorism. (Convention IV, Art. 33)
irregulars
See guerrillas.
isolation wards
Isolation wards may be used in prisoner of war camps if necessary
for cases of contagious or mental disease. (Convention
III, Art. 30)
The above also applies to internment camps. (Convention
IV, Art. 91)
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According to the 1949 conventions, journalists who accompany
the armed forces and are wounded or sick in an area of conflict are entitled
to all the protections afforded to wounded or sick combatants and to prisoners
of war. (Convention I, Art. 13, Sec. 4; Convention
II, Art. 13, Sec. 4 and Convention III, Art.
4, Sec. 4)
In 1977, journalists were re-classified as civilians. As a
result, reporters who wear civilian clothing and otherwise differentiate themselves
from members of the armed forces are entitled to the broader protections offered
to civilians. (Protocol I, Art. 79)
See civilian immunity for
a list of protections.
judges
Public officials or judges in occupying territories may not be coerced into continuing to work if they abstain for reasons of conscience. (Convention IV, Art. 54)
judicial punishment
See prisoners of war, punishment of and internees, punishment of.
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See forced labor, internment.
Prisoners of war must be questioned in a language they can understand. (Convention III, Art. 17)
Prisoners of war must have the right to legal advice, particularly
in the case of preparing powers of attorney and wills. (Convention
III, Art. 77)
The same applies to civilian internees. (Convention
IV, Art. 113)
Military commanders must have access to legal advisers to instruct
them on the application of the Geneva Conventions. (Protocol
I, Art. 82)
See lawyers.
Legitimate military targets are those which make an effective
contribution to military action and whose destruction, capture or neutralization
offers a definite military advantage. (Protocol
I, Art. 52. Sec. 2)
If there is any doubt as to whether a place of worship, house,
school or other civilian object is used for military purposes, then it will
be presumed not to be a legitimate military target. (Protocol
I, Art. 52, Sec. 3)
See also indiscriminate attacks.
Prisoners of war must be allowed to send and receive letters
and cards. Specifically, they must be allowed to send at least two letters and
four cards a month. (Convention III, Art. 71)
The above also applies to internees. (Convention
IV, Art. 107)
lifeboats
Lifeboats have the same protections under the Geneva Convention as hospital ships . However, for long distances and on the high seas only hospital ships of over 2,000 tons should be used for transport. (Convention II, Art. 26)
livestock
See agricultural areas.
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See letters.
malaria
See contagious diseases.
mass graves
The dead must be honorably buried with the graves properly
maintained and marked so that they can be found, with adequate record keeping.
(Convention I, Art. 17; Convention
III, Art. 120)
Collective graves may be used for dead prisoners of war (Convention
III, Art. 120) or internees (Convention
IV, Art. 130) only if unavoidable circumstances so require.
Medical aircraft must be clearly marked and fly only at heights, times and on routes specifically agreed on by the belligerents. Unless agreed otherwise, flights over enemy-controlled territory are forbidden. They must obey every summons to land and may be used only for the evacuation of the sick and wounded and for the transport of medical equipment and personnel. Aircraft that fulfill these requirements may not be attacked. (Convention I, Art. 36)
Internees must have access to adequate medical care. (Convention
IV, Art. 91)
Each camp must have an adequate infirmary, with isolation wards
if needed for cases of contagious or mental disease. (Convention
IV, Art. 91)
Those pregnant, seriously ill or requiring special treatment
must be admitted to any institution where such treatment can be given. (Convention
IV, Art. 91)
Internees may not be prevented from seeing medical personnel.
Any costs of treatment, including dentures, eyeglasses, and other artificial
appliances, will be borne by the occupying power. (Convention
IV, Art. 91)
Medical inspections, which must include the recording of the
weight of each internee, must be held at least once a month for the purpose
of supervising the general state of health, nutrition and cleanliness and to
detect contagious diseases. (Convention IV, Art.
92)
medical care of prisoners of war
Prisoners of war must receive adequate medical attention.
Each camp must have an adequate infirmary, with isolation wards if needed for
cases of contagious or mental disease. (Convention
III, Art. 30)
Those seriously ill or requiring special treatment must be
admitted to any military or civilian medical unit where such treatment can be
given. (Convention III, Art. 30)
Prisoners may not be prevented from seeing medical personnel.
Any costs of treatment, including dentures, eyeglasses, and other artificial
appliances, will be borne by the detaining power. (Convention
III, Art. 30)
Medical inspections, which must include the recording of the
weight of each prisoner, must be held at least once a month for the purpose
of supervising the general state of health, nutrition and cleanliness and to
detect contagious diseases. (Convention III,
Art. 31)
medical exams
See biological experiments, medical care of prisoners of war, medical care of internees.
medical experiments
medical personnel as prisoners of war
Medical personnel who are detained for the purpose of assisting
prisoners may not be considered prisoners of war, although they are entitled
to, at a minimum, all the same protections. (Convention
III, Art. 33)
In addition, they must have the opportunity to make regular
visits to prisoners of war in work detachments or hospitals outside the camp,
including transport if needed. (Convention III,
Art. 33)
They shall be subject to the internal discipline of the camp
in which they are retained, but do not have to do any work other than that concerned
with their medical duties. (Convention III, Art.
33)
Medical personnel may not renounce their rights under the Geneva
Conventions. (Convention I, Art. 7)
Prisoners of war (Convention
III, Art. 72) and internees (Convention
IV, Art. 108) must have the right to receive parcels containing medical
supplies.
In an occupied territory, the occupying power has the responsibility
of assuring adequate medical supplies for the population. (Convention
IV, Art. 55)
If there is a lack of medical supplies, the occupying power
must agree to and support relief efforts by states or humanitarian organizations.
(Convention IV, Art. 59)
In an internal conflict, if the civilian population is suffering
from a lack of medical supplies, humanitarian relief actions must be undertaken,
subject to the agreement of the country concerned. (Protocol
II, Art. 18, Sec. 2)
Transports of wounded and sick or of medical equipment must
be respected and protected in the same way as mobile medical
units. (Convention I, Art. 35)
See also medical aircraft and
hospital ships.
Fixed establishments and mobile medical units must be protected
and respected by all sides in a conflict. (Convention
I, Art. 19)
Medical units may have personnel who carry arms for self-defense
or for the maintenance of order; may be protected by a picket, by sentries,
or by an escort; may temporarily store small arms and ammunition taken from
patients; may be associated with a veterinary unit; and may treat civilians.
(Convention I, Art. 22)
Medical units may not be used to commit acts harmful to the
enemy. If they do, they lose their protections under the Geneva Conventions
after due warning has been given and a reasonable time limit has passed. (Convention
I, Art. 21)
mental torture
See torture.
A mercenary is any person who is specially recruited in order
to fight in an armed conflict, who takes a direct part in the hostilities, who
is motivated by money and is promised substantially higher pay than that paid
to other combatants of similar rank, who is not a national of one of the countries
involved in the conflict nor a resident of a territory controlled by any of
the parties, is not a member of the armed forces of any of the parties, and
who has not been sent by another country on official duty as a member of its
armed forces. (Protocol I, Art. 47)
A mercenary does not have the right to be a combatant or a
prisoner of war. (Protocol I, Art. 37)
Internees must not be subjected to prolonged standing and roll-calls, punishment drill, military drill or maneuvers. (Convention IV, Art. 100)
military objectives
militias
See guerrillas.
No prisoner may be forced to do unhealthy or dangerous labor, and the removal of mines or similar devices is specifically identified as dangerous labor. (Convention III, Art. 52)
ministers
See religious personnel.
See children.
Parties to a conflict must begin to search for people reported
missing by the opposing side as soon as possible and no later than the end of
hostilities. (Protocol I, Art. 33, Sec. 1)
The parties must agree on arrangements for search parties to
find and recover the dead on battlefields and the personnel of these search
parties must be respected and protected. (Protocol
I, Art. 33, Sec. 4)
See prisoners of war, money and internees, money.
mosques
See places of worship.
See pregnant women.
Pregnant women and nursing mothers who are aliens in a warring
country must receive the same preferential treatment as nationals. (Convention
IV, Art. 38, Sec. 5)
An occupying power must not hinder any pre-existing measures
in regard to food, medical care and special protection of benefit to women of
children under 7. (Convention IV, Art. 50)
In internment camps, pregnant and nursing women must receive
additional food, in proportion to their physiological needs. (Convention
IV, Art. 89)
The detaining power must work as quickly as possible to repatriate
or release to their homes or to neutral countries pregnant women or mothers
with infants or young children. (Convention
IV, Art. 132 and Protocol I, Art. 76, Sec.
2)
When relief supplies are distributed to civilian populations,
preference must be given to children, pregnant and nursing women. (Protocol
I, Art. 69)
In internal conflicts, the death penalty must not be carried
out against pregnant women or mothers with young children. (Protocol
II, Art. 6, Sec. 4)
Murder is forbidden by the Geneva Conventions, both in cases of internal conflicts (Convention I, Art. 3, Sec. 1A), wounded combatants (Convention I, Art. 12), civilians in occupied territories (Convention IV, Art. 32), civilians in international conflicts (Protocol I, Art. 75, Sec. 2Ai) and civilians in internal conflicts (Protocol II, Art. 4, Sec. 2A).
Mutilation is forbidden by the Geneva Conventions, both in cases of internal conflicts (Convention I, Art. 3, Sec. 1A), wounded combatants (Convention I, Art. 12), civilians in occupied territories (Convention IV, Art. 32), civilians in international conflicts (Protocol I, Art. 75, Sec. 2Ai) and civilians in internal conflicts (Protocol II, Art. 4, Sec. 2A).
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nationality, discrimination by
See discrimination.
Neutral countries are countries that are not involved in a
conflict.
They have the obligation to observe the requirements of the
Geneva Conventions in the cases of wounded and sick combatants, dead bodies
found, or members of medical and religious personnel of parties to a conflict.
(Convention I, Art. 4)
Nationals of neutral powers may be appointed to oversee the
enforcement of the Geneva Conventions. (Convention
I, Art. 8)
If a protecting power no longer carries out its duties with
regard to wounded, medical or religious personnel (Convention
I, Art. 10), shipwrecked personnel (Convention
II, Art. 10), prisoners of war (Convention
III, Art. 10) or civilians in an occupied territory (Convention
IV, Art. 11), a detaining power may ask a neutral country to carry out those
duties.
See demilitarized zones.
non-combatant status
Feigning of civilian or non-combatant status is perfidy and prohibited by the Geneva Conventions. (Protocol I. Art. 37, Sec. 1)
A non-defended locality is an area declared as such by a party
to the conflict from which all combatants, mobile weapons and mobile military
equipment have been evacuated, in which fixed military installations are not
being used for hostile purposes, in which the authorities and the population
commit no hostile acts, and in which no activities in support of military operations
are undertaken. (Protocol I, Art. 59, Sec.
2)
Attacks against non-defended localities are forbidden. (Protocol
I, Art. 59, Sec. 2)
nuclear power plants
nutrition
See food.
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The fourth Geneva Convention of 1949 details the rights and
obligations of an occupying power in an occupied territory.
See internment, civilian
immunity.
Officers who have become prisoners of war receive special protections
under the Geneva Conventions.
Officers and prisoners of equivalent rank must be treated with
the regard due their rank and age, and other ranks of the same armed forces
must be assigned in sufficient numbers to ensure service in officers' camps.
(Convention III, Art. 44)
Officers or persons of equivalent status may not in any circumstances
be compelled to work, but may be assigned suitable jobs if they request them.
(Convention III, Art. 49)
Non-commissioned officers can only be required to do supervisory
work. (Convention III, Art. 49)
Warring parties must see to the education of orphans or lost children under 15. The education must be entrusted, when possible, to people of a similar cultural tradition. (Convention IV, Art. 24)
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parachutists
Parachutists who eject from a damaged aircraft cannot be attacked
while they are descending. (Protocol I, Art. 42,
Sec. 1)
Parachuters who have landed in hostile territory must be given
a chance to surrender, unless they are clearly acting hostile. (Protocol
I, Art. 42, Sec. 2)
Airborne troops don't get any special protections. (Protocol
I, Art. 42, Sec. 3)
paramilitaries
See guerrillas.
Prisoners of war must be allowed to receive parcels containing
food, clothing, medical supplies, religious, educational and recreational objects.
(Convention III, Art. 72)
Detainees in occupied territories must be allowed to receive
at least once relief parcel monthly. (Convention
IV, Art. 76)
Internees must be allowed to receive parcels containing food,
clothing, medical supplies, as well as books and religious, educational or recreational
objects. (Convention IV, Art. 108)
Prisoners of war may be released on parole or promise, in so far as it is allowed by the countries of origin. No prisoner may be forced to accept parole, but if they do, they are honor-bound to fulfill the requirements of the parole. (Convention III, Art. 21)
pay
Both prisoners of war (Convention III, Art. 62) and internees (Convention IV, Art. 95) must be paid for their labor.
penitentiaries
See civilians, imprisonment of; prisoners of war, imprisonment of and internees, punishment of.
penal laws in occupied territories
Penal laws may not be changed in an occupied territory except when there is a threat to state security or when they violate the Geneva Conventions. (Convention IV, Art. 64)
It is prohibited to pretend to surrender, without an actual
intention to do so. (Protocol I, Art. 37, Sec.
1)
Pretending to seek a cease-fire with the intent to betray the
confidence in order to kill, injure or capture an adversary is perfidy
and is prohibited. (Protocol I, Art. 37, Sec.
1a)
See discrimination, humane treatment of prisoners of war, humane treatment of internees, and civilian immunity.
The Geneva Conventions require that all personal property rights be respected, including those of medical and religious personnel (Convention I, Art. 30 and Art. 32), humanitarian aid workers (Convention I, Art. 34), prisoners of war (Convention III, Art. 18), refugees (Convention IV, Art. 35), civilians in occupied territories (Convention IV, Art. 53) and internees (Convention IV, Art. 97).
pillage
The act of pillage includes the violent taking of goods or
money or the taking of war booty. It is forbidden by the Geneva Conventions.
Pillage is prohibited in occupied territories (Convention
IV, Art. 34) and in internal conflicts. (Protocol
II, Art. 4, Sec. 2g)
In addition, at all times, and particularly after an engagement,
warring parties must take all possible steps to protect the wounded and sick
against pillage. (Convention I, Art. 15)
See also personal belongings.
Acts of hostility towards places of worship in international
conflicts are prohibited. Places of worship may not be used in support of the
military effort, and they cannot be the objects of reprisals. (Protocol
I, Art. 53)
These prohibitions also apply in non-international conflicts.
(Protocol II, Art. 16)
If there is any doubt as to whether a place of worship is being
used to help the military action, then it will be presumed not to be so used.
(Protocol I, Art. 52, Sec. 3)
Attacks against places of worship are grave
breaches against the Geneva Convention. (Protocol
I, Art. 85, Sec. 4)
poisonous weapons
See chemical weapons.
political opinions, discrimination by
See discrimination.
postal service
POWs
See prisoners of war.
Prior to an attack, a number of precautionary measures must
be taken to ensure that that the civilian population, and civilian objects are
spared. (Protocol I, Art. 57, Sec. 1)
These include verification that the objectives of the attack
are legitimate military targets, and,
if possible, advance warnings in case of attacks that may affect the civilian
population. (Protocol I, Sec. 2)
Pregnant women in occupied territories must receive special
protection and respect. (Convention IV, Art.
16)
Pregnant women and nursing mothers who are aliens in a warring
country must receive the same preferential treatment as nationals. (Convention
IV, Art. 38, Sec. 5)
An occupying power must not hinder any pre-existing measures
in regard to food, medical care and special protection of benefit to pregnant
women. (Convention IV, Art. 50)
In internment camps, pregnant and nursing women must receive
additional food, in proportion to their physiological needs. (Convention
IV, Art. 89)
The detaining power must work as quickly as possible to repatriate
or release to their homes or to neutral countries pregnant women or mothers
with infants or young children. (Convention
IV, Art. 132 and Protocol I, Art. 76, Sec.
2)
When relief supplies are distributed to civilian populations,
preference must be given to children, pregnant and nursing women. (Protocol
I, Art. 69)
In internal conflicts, the death penalty must not be carried
out against pregnant women or mothers with young children. (Protocol
II, Art. 6, Sec. 4)
See civilians, imprisonment of; prisoners of war, imprisonment of and internees, punishment of.
Prisoners of war are accorded a number of protections in the
Third Geneva Convention of 1949.
For a list of some protections, see humane
treatment of prisoners of war and medical
care of prisoners of war.
Blind prisoners are singled out in the Geneva Convention as
deserving of special facilities. The detaining power must provide needed treatment
and equipment, including glasses. (Convention
III, Art. 30)
See also medical care
of prisoners of war.
See burial.
prisoners of war, cremation of
See cremation.
prisoners of war, dead
See burial, cremation, and death certificates.
prisoners of war, death certificates
See death certificates.
prisoners of war, dental treatment
See dental treatment.
prisoners of war, disabled
prisoners of war, evacuation
prisoners of war, humane treatment
prisoners of war, hygiene
prisoners of war, imprisonment
A prisoner of war awaiting trial must not be confined unless
members of the detaining country's own armed forces would also be confined in
the same circumstances. (Convention III, Art.
103)
Any time spent in confinement waiting for trial will count
towards time served. (Convention III, Art. 103)
The protecting powers must be immediately notified once a prisoner
is sentenced. (Convention III, Art. 105)
All prisoners must have the right of appeal or petition and
be informed of these rights and of any time limits on them. (Convention
III, Art. 106)
Imprisonment in premises without daylight is forbidden. (Convention
III, Art. 87)
See also fair trials.
prisoners of war, letters home
Immediately upon capture, or within a week after arrival at a prisoner of war camp, transit camp, or hospital, prisoners have the right to write directly to their families. (Convention III, Art. 70)
prisoners of war, medical care
prisoners of war, medical personnel
Cash taken from prisoners of war must be kept in separate
accounts. (Convention III, Art. 59)
Prisoners are entitled to regular wages, which may be paid
into the accounts (Convention III, Art. 62)
and must be allowed remittances to the accounts and access to the money in the
accounts (Convention III, Art. 63)
Once a prisoner is released or repatriated, the prisoner must
receive an account statement and the native country is responsible for paying
out any money due – although this provision may be negotiated by the warring
parties. (Convention III, Art. 66)
prisoners of war, parole
prisoners of war, records
prisoners of war, sick
prisoners of war, transfer
prisoners of war, women
prisoners of war, wounded
prisoners' representatives
In all prisoner of war camps, except where officers are present,
the prisoners must be allowed to freely elect representatives by secret ballot
every six months and in case of vacancies. These representatives will lobby
for prisoners' interest before the military authorities, the protecting powers,
and
. (Convention III, Art. 79)
Prisoners of war must be allowed to freely consult with their
representatives, and these representatives must be allowed to freely visit premises
where prisoners are kept. (Convention III, Art.
81)
proportionality
See civilian immunity, legitimate military targets, indiscriminate attacks.
Female civilians in an occupied territory, internees and refugees
must be protected against any attack on their honor, including rape, enforced
prostitution, or any form of indecent assault. (Convention
IV, Art. 27)
Outrages upon personal dignity, in particular humiliating and
degrading treatment, enforced prostitution and any form of indecent assault
is prohibited at any time and in any place whatsoever, whether committed by
civilians or military personnel. (Protocol I, Art.
75)
See also rape.
Each Geneva Convention defines a certain class of protected
persons. The First Convention applies to wounded and sick, as well as religious
and medical personnel.
The Second Convention extends protections to shipwrecked combatants.
The Third Convention protects prisoners of war.
The Four Convention protects civilians in occupied territories.
The First Protocol protects victims of international conflicts
and the Second Protocol extends protections to victims of internal conflicts.
The protecting power is the country of origin, a neutral state,
or some other entity that, according to agreement of the warring parties, will
act to protect the interests of wounded or sick personnel, prisoners of war,
internees, or other persons controlled by a hostile power.
If a protecting power no longer carries out its duties with
regard to wounded, medical or religious personnel (Convention
I, Art. 10), shipwrecked personnel (Convention
II, Art. 10), prisoners of war (Convention
III, Art. 10) or civilians in an occupied territory (Convention
IV, Art. 11), a detaining power may ask a neutral country to carry out those
duties.
Prisoners of war must be protected against insults and public curiosity. (Convention III, Art. 13)
public officials
Public officials or judges in occupying territories may not be coerced into continuing to work if they abstain for reasons of conscience. (Convention IV, Art. 54)
punishment drill
See military drill.
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The execution of defenseless combatants is a grave
breach of the Geneva Conventions. (Protocol
I, Art. 85, Sec. 3)
See hors de combat.
See interrogation.
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Practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination are prohibited and are considered grave breaches of the Geneva Conventions. (Protocol I, Art. 85, Sec. 4)
Parties to a conflict must respect children, provide them
with any care or aid they require, and protect them from any form of indecent
assault (Protocol I, Art. 77, Sec. 1).
Female civilians in an occupied territory, internees and refugees
must be protected against any attack on their honor, including rape, enforced
prostitution, or any form of indecent assault. (Convention
IV, Art. 27 and Protocol I, Art. 76, Sec.
1)
Outrages upon personal dignity, in particular humiliating and
degrading treatment, enforced prostitution and any form of indecent assault
is prohibited at any time and in any place whatsoever, whether committed by
civilians or military personnel. (Protocol I, Art.
75)
These protections also apply in cases of internal conflict.
(Protocol II, Art. 4, Sec. 2e)
rations
See food.
recapture
See escape attempts.
While respecting the individual preferences of each prisoners, detaining powers must encourage recreational pursuits and provide adequate facilities. (Convention III, Art. 38)
recruiting
Children under 15 must not participate in hostilities and
must not be recruited into the armed forces. (Protocol
I, Art. 77, Sec. 2; Protocol II, Art. 4,
Sec. 3c)
The occupying power cannot use propaganda, pressure or force
to compel civilians in an occupied territory to join its armed forces. (Convention
IV, Art. 51)
See medical personnel, Red Cross emblem and relief organizations.
The red cross on a white background is reserved for the use
of the medical services of the armed forces. (Convention
I, Art. 38; Convention II, Art. 41)
The only exception are the Red Cross societies, but when these
societies use the emblem during war it must be comparably small in size and
does not confer the protections of the Geneva Convention that apply to medical
organizations. (Convention I, Art. 44)
Improper use of the Red Cross, Red Crescent or Red Lion and
Sun emblems are prohibited. (Protocol I, Art. 38)
refoulement
Civilians in an occupied territory must not be transferred to a country where they have reason to fear persecution based on their political or religious beliefs. (Convention IV, Art. 45)
Refugees and stateless persons are protected by the Fourth Geneva Convention to the same extent as civilians in occupied territories. (Protocol I, Art. 73)
relief shipments
Relief consignments, equipment and personnel must be able
to pass rapidly and freely if the assistance is meant for the civilian population
of the opposing side. This includes medicines, religious items, food and clothing.
(Convention IV, Art. 23; Protocol
I, Art. 70, Sec. 2)
An exception may be made if there is fear that the shipments
would be diverted to help the military. (Convention
IV, Art. 23)
Starvation of civilians as a method of warfare is prohibited.
(Protocol I, Art. 54, Sec. 1)
Military authorities must allow relief societies, even in invaded
or occupied areas, to collect and care for the wounded or sick of any nationality.
However, this does not relieve the occupying power of its obligation to care
for the wounded and sick. (Convention I, Art.
18)
Relief organizations must receive all necessary facilities
for visiting prisoners of war and for distributing relief supplies. The special
position of the International Committee of the Red Cross in this field must
be recognized and respected at all times. (Convention
III, Art. 125)
Relief organizations must be allowed to visit civilians in
all areas of international conflict (Convention
IV, Art. 30) including internees (Convention
IV, Art. 142) and civilian populations of adverse parties (Protocol
I, Art. 70, Sec. 2).
In internal conflicts, relief efforts are subject to the approval
of the government of the country in question. (Protocol
II, Art. 18, Sec. 2)
See also blockade.
Captured religious personnel may be held only to the extent
that they are needed by prisoners of war. (Convention
I, Art. 28)
They must be allowed to make regular visits to prisoners and
must not be required to do any other work beside their religious duties. (Convention
I, Art. 28)
Adequate premises must be provided to prisoners of war (Convention III, Art. 34) and internees (Convention IV, Art. 86) for religious services to be held.
remains of deceased
The remains of persons who died for reasons related to the conflict must be respected. (Protocol I, Art. 34, Sec. 1)
remittances
Prisoners of war must be allowed to receive remittances or money addressed to them individually or collectively. (Convention III, Art. 63)
repatriation
Prisoners of war must be released and repatriated without
delay at the close of hostilities. (Convention
III, Art. 118)
Prisoners who are incurably wounded and sick must be repatriated
immediately. (Convention III, Art. 110)
Reprisals against civilians in occupied territories are forbidden. (Convention IV, Art. 33)
Warring parties must not requisition the property of relief
societies except in cases of urgent necessity and only after the welfare of
the wounded and sick has been ensured. (Convention
I, Art. 34)
An occupying power may not requisition food, medical supplies
or other articles for use by the occupation forces and administrative personnel
unless the requirements of the civilian population have been taken into account,
and with proper payment for the goods. (Convention
IV, Art. 55)
resettlement
See deportation, ethnic cleansing.
resistance movements
See guerrillas.
See family reunions.
roll-calls
See military drills.
ruses of war
Ruses of war are not prohibited. These include camouflage, decoys, mock operations and misinformation. (Protocol I, Art 37, Sec. 2) Pretending to surrender, however, is not an accepted ruse of war (see perfidy). Neither is falsely using a Red Cross emblem.
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An occupying power may sentence civilians to death if they are guilty of serious acts of sabotage but only if these offenses were punishable by death by local laws before the occupation began. (Convention IV, Art. 68)
saboteurs
See sabotage.
safety zones
Hospital zones, neutralized zones and demilitarized zones may be created with the consent of the belligerents. (Convention IV, Protocol I)
saluting
All prisoners of war except for officers must salute the officers
of the detaining power. (Convention III, Art.
39)
Officers are bound to salute only officers of a higher rank
or the camp commander regardless of rank. (Convention
III, Art. 39)
sanitary facilities
See humane treatment of prisoners of war, humane treatment of internees.
scientific experiments
secret communication by hospital ships
See hospital ships.
See discrimination.
See rape.
As a general principle, all wounded combatants, prisoners of
war, internees, and civilians are entitled to adequate food, shelter, and clothing.
See specific categories for more information.
See humane treatment
of prisoners of war.
Shipwrecked combatants are afforded protections by the Second
Geneva Convention, regardless of the cause of the wreck and including forced
landings at sea or from aircraft. (Convention
II, Art. 12)
Among these are the right to be treated humanely and must not
be tortured, murdered, or subject to biological experiments. (Convention
II, Art. 12)
shoes
See clothing.
showers
See humane treatment of prisoners of war, humane treatment of internees.
sickbays
If fighting occurs on board a warship, sickbays must be respected
and spared as far as possible. (Convention II,
Art. 28)
See medical units, hospital
ships.
sieges
See blockades.
shields
See human shields.
Although protected persons may not be subject to medical experiments or forced to donate organs, they may be asked to donate blood or give skin for grafting. These donations must be entirely voluntary, without coercion or inducement, and take place under medical conditions that are generally accepted as adequate and only for therapeutic purposes. (Protocol I, Art. 11, Sec. 3)
Slavery and the slave trade in all its forms are forbidden at any time and in any place whatsoever. (Protocol II, Art. 4, Sec. 2f)
soap
See humane treatment of internees, humane treatment of prisoners of war.
soldiers
See combatants.
spies
Combatant who are captured while spying do not have the right to prisoner of war status unless they were wearing their military uniforms. (Protocol I, Art. 46)
sports
While respecting the individual preferences of each prisoners, detaining powers must encourage exercise and recreational pursuits and provide adequate facilities. (Convention III, Art. 38)
starvation
Starvation of civilians as a method of warfare is prohibited. (Protocol I, Art. 54, Sec. 1)
stateless persons
Refugees and stateless persons are protected by the Fourth Geneva Convention to the same extent as civilians in occupied territories. (Protocol I, Art. 73)
supplies, requisitioning
See requisitioning.
Persons who accompany the armed forces such as aircraft crews, supply contractors, laborers and ship crews are all entitled to prisoner of war status if captured. (Convention III, Art. 4, Sec. 4 and Sec. 5)
It is forbidden to kill or injure an enemy who surrenders who
is hors de combat.
It is forbidden to pretend to surrender, without an actual
intention to do so. See perfidy. (Protocol
I, Art. 37, Sec. 1)
surveillance
Prisoners of war who have attempted to escape may be subject
to special surveillance as long as their other rights are not violated. (Convention
III, Art. 92)
See escape attempts, humane
treatment of prisoners of war.
survivors, leaving none
See quarter, giving no and hors de combat.
synagogues
See places of worship.
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tattooing
The identification of internees by tattooing or imprinting signs or markings on their bodies is prohibited. (Convention IV, Art. 100)
Civilians who commit an offense against an occupying power
which does not include an attempt against the lives of members of the occupying
force or administration, pose a grave collective danger, or seriously damage
property or installations of the occupying power may only be punished by internment
or imprisonment. (Convention IV, Art. 68)
Civilians in an occupied territory must not be subject to collective
penalties or any other measures of intimidation or terrorism. (Convention
IV, Art. 33)
Prisoners of war must be allowed to use tobacco. (Convention
III, Art. 26)
Tobacco must be available to prisoners of war at canteens.
(Convention III, Art. 28)
Similarly, tobacco must be available to internees. (Convention
IV, Art. 87)
Torture is forbidden by the Geneva Conventions, both in cases of internal conflicts (Convention I, Art. 3, Sec. 1A), wounded combatants (Convention I, Art. 12), civilians in occupied territories (Convention IV, Art. 32), civilians in international conflicts (Protocol I, Art. 75, Sec. 2Ai) and civilians in internal conflicts (Protocol II, Art. 4, Sec. 2A).
Sick and wounded prisoners of war must not be transferred
if the move would endanger their recovery, unless their safety requires it.
(Convention III, Art. 47)
Incurably wounded and sick prisoners of war whose mental of
physical fitness seems to have been gravely diminished must be repatriated directly
to their home countries. (Convention III, Art.
110)
treachery
See perfidy.
trials
See fair trials.
tuberculosis
See contagious diseases.
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undefended towns
underwear
See clothing.
unemployment
See labor.
Unlawful confinement of civilians is a grave breach of the Geneva Convention. (Convention IV, Art. 147)
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venereal disease
See contagious diseases.
Civilians have special protections under Convention
IV, Protocol I, and Protocol
II.
They must be treated humanely, without discrimination based
on race, color, religion or faith, sex, birth or wealth, or other similar criteria.
Violence to life and person including murder, mutilation, cruel
treatment and torture are prohibited.
visitors
See relief organizations, medical personnel, religious personnel.
volunteer corps
See guerrillas.
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wanton destruction
war correspondents
See journalists.
War crimes are againt the customary
laws of war which are applicable in any conflict, regardless of whether
the country in question is a signatory to the Geneva Convention. They include
the rights listed in the common article 3 of the Geneva Conventions (Convention
I, Article 3) and the basics of human rights law – freedom from torture,
mutilation and rape, slavery,
and willful killing. Customary law also forbids
genocide, crimes
against humanity, as well as war crimes.
See grave breaches.
water supplies
See blockades.
Women must be protected against any attack on their honor,
including rape, enforced prostitution, or any form of indecent assault. Women
must also not be adversely discriminated against because of their sex. (Convention
IV, Art. 27)
See also mothers with
young children, pregnant women and female
internees.
working conditions
See labor.
See places of worship.
The wounded and sick are to be collected and cared for by
the party that has them in its power. (Convention
I, Art. 3, Sec. 2)
The wounded cannot renounce their Geneva Convention protections
(Convention I, Art. 7)
Each camp must have an adequate infirmary and, if additional
treatment is necessary, prisoners of war must be admitted to any military or
civilian hospital where that treatment can be given, even if they are soon to
be repatriated. (Convention III, Art. 30)
Seriously wounded and sick prisoners must be sent back to their
own countries as soon as they are fit to travel. (Convention
III, Art. 109 and Art. 110)
Sick and wounded prisoners of war must not be transferred if
the move would endanger their recovery, unless their safety requires it. (Convention
III, Art. 47)
Incurably wounded and sick prisoners of war whose mental of
physical fitness seems to have been gravely diminished must be repatriated directly
to their home countries. (Convention III, Art.
110)
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Copyright © 2003 Maria Trombly. All rights reserved.
Copyright © 1996-2013 Society of Professional Journalists. All Rights Reserved. Legal
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