The Geneva Conventions were a series of meetings that led to four treaties and three protocols. The Geneva Conventions took place from 1864 to 1949, and established a framework for international law that is still significant today. In general, the Geneva Conventions focused on improving treatment for people in wartime and are considered to be humanitarian in nature. As such, the Geneva Conventions are often discussed when learning about modern issues, such as: human rights, conflicts, war crimes, crimes against humanity and genocides. Furthermore, when learning about the Geneva Conventions it is also important to consider the Hague Conventions, as the two are both significant to the development of human rights.
As stated above, the Geneva Conventions were a set of treaties and protocols that emerged from several different meetings, throughout the 19th and 20th centuries. The first of these Geneva Conventions was held in 1864 following two significant proposals by Swiss businessman Henry Dunant.
HENRY DURANT AND THE RED CROSS
As stated above, Henry Dunant was a Swiss businessman who became world-renown for his work in humanitarianism. For instance, he is credited with establishing the Red Cross as an organization. Henry Dunant first began the process when he witnessed the atrocities of war at the Battle of Solferino in 1859. At the time, he had been on his way to speak with the French Emperor, Napoleon III, who was in Solferino. Solferino is a small town in northern Italy, and was the site of a battle between the French and Austrians on June 24th in 1859. When Dunant arrived in Solferino, he saw nearly 23,000 injured and dying soldiers. He was shocked by what he saw, and was amazed that little was being done to help the injured. As a result, he quickly organized a group of local citizens to aid the soldiers, and provide medical assistance.
The event was so shocking to Henry Dunant that it inspired him to make two significant proposals in his book titled ‘A Memory of Solferino’, which was published in 1862. First, he advocated for the creation of the Red Cross, which would provide humanitarian aid during periods of conflict or other disasters. Second, he called the Red Cross to be neutral in nature, meaning it would provide assistance to all soldiers in battle regardless of their side. As a result, the Red Cross was formally established on February 9th in 1863 in Geneva, Switzerland. Throughout its long history, the Red Cross, has provided humanitarian aid across the world to the victims of conflicts. Dunant’s second proposal, which was mentioned above, led to the First Geneva Convention in 1864. These proposals were celebrated in society and Henry Durant received the first ever Nobel Peace Prize in 1901.
FIRST GENEVA CONVENTION OF 1864
The First Geneva Convention was held on August 22nd in 1864 in the city of Geneva, Switzerland. As stated above, the First Geneva Convention was called based upon the proposals made by Swiss businessman Henry Dunant when he witnessed thousands of injured and dying soldiers in the Battle of Solferino. As a result, the Red Cross was created in 1863 with the goal of providing humanitarian aid to people in times of conflict. However, Henry Dunant also called on the governments of the world to agree to the terms of a treaty that would protect the mission and capabilities of the Red Cross. As such, in 1864, the Swiss government invited 16 different countries to attend the First Geneva Convention. The 16 countries included the United States, Brazil, Mexico and all of the countries in Europe at the time, such as: Switzerland, Belgium, France, Prussia, Italy, Portugal, Spain, Duchy of Baden, Denmark, Duchy of Hesse, Netherlands, and the Kingdom of Wurttemberg. What resulted was the First Geneva Convention in which the members agreed “for the Amelioration of the Condition of the Wounded in Armies in the Field”. In general, the agreement of the First Geneva Convention created protections for injured soldiers, the civilians assisting them, and the members of the Red Cross. With that said, the First Geneva Convention of 1864 was unclear in some parts, which led to further meetings and agreements, in the form of the Hague Conventions and the later Geneva Conventions.
SECOND GENEVA CONVENTION (1907)
The Second Geneva Convention was first adopted in 1949 but was based on the main principles of the Hague Convention of 1907. In general, the Hague Convention of 1907 focused on naval warfare and continued the theme of the First Hague Convention in that it set out general terms of warfare between the member nations. From this point, the Second Geneva Convention built on the ideas of the Hague Convention of 1907 in that it called for the “for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea”. More specifically, the Second Geneva Convention contains many articles on the treatment of people in wartime. For instance, it contained articles that offered protections for wounded, sick, and shipwrecked sailors.
THIRD GENEVA CONVENTION OF 1929
The Third Geneva Convention was first held in 1929 in the city of Geneva, Switzerland. While the terms of the treaty were first adopted in 1929, they were later revised in 1949 alongside other major elements of the other Geneva Conventions. In general, the Third Geneva Convention focused on the treatment of people taken prisoner in times of war. More specifically, the terms of the treaty set out a set of rules in regards to the housing, food, clothing and other aspects of treatment in relation to prisoners of war. The goal of the Third Geneva Convention was to offer protections such that prisoners of war would not face inhumane treatment such as torture or substandard living conditions.
FOURTH GENEVA CONVENTION OF 1949
The Fourth Geneva Convention is also referred to as the Geneva Convention “relative to the Protection of Civilian Persons in Time of War”. It was held in the city of Geneva, Switzerland in 1949 and formally adopted in August of that year. The Fourth Geneva Convention was significant in relation to the earlier Geneva Conventions because the treaties agreed to in 1949 formalized and ratified several of the earlier treaties. As such, most people refer to the Fourth Geneva Convention as simply the “Geneva Convention” since it is also used to apply top the three earlier Geneva Conventions and their treaties. Furthermore, the Fourth Geneva Convention saw the main treaties ratified by 196 countries, meaning almost all countries on the planet agreed to the terms of the treaties.
As stated above, the Fourth Geneva Convention centered on the protection of civilians in wartime. For instance, the articles of the treaty included protections for civilians including: limits of violence, torture, hostage taking, and degrading treatment. This is significant, since the Fourth Geneva Convention was held shortly following the end of both World War II and the Holocaust in 1945. These major world events saw the death and poor treatment of millions of people, including the terrible and genocidal events of the Holocaust. As such, the agreements made in the Fourth Geneva Convention can be viewed as the countries of the world attempting to prevent such horrific events from occurring in the future.
GENEVA PROTOCOLS
As stated in the beginning of this article, the history of the Geneva Conventions also include three sets of protocols. These were amendments that were made to the original treaties that emerged from the Fourth Geneva Convention in 1949. The first two protocols occurred in 1977, while the third was in 2005.
Protocol I contained over 100 articles, which amended the Geneva Conventions and clarified the terms of the original treaties. For instance, Protocol I included improved protections for people from the terrible realties of war. Specifically, it called for rules against states using deception to carry out violent acts, and increased protections for unarmed and innocent civilians. There were many other conditions listed in the articles of Protocol I, but they mostly centered on creating protections for the innocent from war. Most countries in the world have agreed to the articles listed in Protocol I, with 174 states having ratified it by 2013. Significant countries that have not ratified the terms of Protocol I include: the United States, Israel, Iran, Pakistan, India, and Turkey.
Protocol II also dates from 1977 and is focused on the idea of improving protections for people in times of war, which occur within the borders of a single country. This is an important distinction, because the earlier Geneva Conventions and Hague Conventions focused more on conflicts that occurred within countries, and as the 20th century progressed many saw the need to also offer distinct protections for those involved in conflicts that occur internally within a single country. For example, Protocol II called for the humane treatment of those that are not actively involved in the conflict. Furthermore, it also argued for the fair treatment of the wounded. As of 2015, Protocol II has been ratified by 168 countries, meaning most countries in the world have agreed to follow its articles. With that said, some countries have not ratified it, including: the United States, India, Pakistan, Turkey, Iran, Iraq, Syria, and Israel.
Protocol III took place in 2005 and was an amendment of the Geneva Conventions. In fact, Protocol III focused on adding another symbol to the protective symbols used in wartime. Traditionally, those considered protected in wartime wore the Red Cross symbol. However, Protocol III added the Red Crystal symbol, which could be worn or displayed by religious or medical personnel that were operating in a battlefield. People displaying these symbols are considered to be protected, as they are participating in humanitarian efforts and not active battle. As of 2019, Protocol III has been ratified by 76 countries.
GENEVA CONVENTIONS – SIGNIFICANCE
Today, the Geneva Conventions and the related Protocols are considered to be significant in relation to many issues facing the world. In fact, the Geneva Conventions play a significant role in topics such as: war, genocide, war crimes, crimes against humanity and human rights. This is because the treaties that emerged from the Geneva Conventions were foundational documents in the protection of people during wartime and are often cited in discussions surrounding humanitarianism. Furthermore, when a country ratified the treaties of the Geneva Conventions, they agreed to apply the articles of the conventions at all times of war or conflict.
The Geneva Conventions also developed articles to handle those countries or people that violated the terms of the treaty. For instance, the Geneva Conventions developed a set of ‘grave breaches’, which essentially means violations. In general, the grave breaches of the Third and Fourth Geneva Conventions include acts that are considered to be examples of crimes against humanity or war crimes. For instance, the following are defined as ‘grave breaches’: willful killing, torture, inhuman treatment, causing serious injury, forcing a protected person to serve in the military, denying a protected person the right to a fair trial, the taking of hostages, mass destruction that is not militarily necessary and unlawful deportation of confinement. Countries who have ratified the Geneva Conventions are supposed to bring to trial any people responsible for carrying out any of these grave breaches.
