The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, known as the First Geneva Convention of 1949,*** has 64 articles in the body of the text and two annexes, the main elements of which are: the recognition of the principle that the wounded and sick of the opposing sides should in all cases be treated humanely, without distinction of any kind; the prohibition of any endangerment of the life and person of the wounded or sick or any act of atrocities, in particular murder, torture, biological experiments or wilful denial of medical aid and care; and the inviolability of medical units, their buildings, equipment and personnel, except that they shall be clearly marked with the Red Cross or Red Crescent on a white background and the Red Lion and Day.
The main elements of the 1st Geneva Convention are-
1. Wounded or sick armed personnel or other persons of concern shall be respected and protected in all circumstances. A party to the conflict shall treat and care for such persons in its power in a humane manner; there shall be no discrimination on the basis of sex, race, nationality, religion, political opinion or other similar criteria. Any danger to their life or physical violence against them shall be strictly prohibited, in particular murder or extermination, torture or biological experiments; they shall not be deliberately denied medical assistance and care, nor shall they be exposed to the risk of contagious diseases. Earlier treatment may be granted only for reasons of medical urgency. Women should be treated with due regard for their gender. When a party to a conflict is compelled to abandon the wounded and sick to the enemy, it shall, insofar as military considerations permit, leave behind a portion of its medical personnel and equipment for the purpose of assisting in the care of the wounded and sick (Article 12). The wounded and sick of a belligerent in the hands of the enemy shall be prisoners of war, and the provisions of international law relating to prisoners of war shall apply to them (Article 14).
2. At all times, and particularly immediately after each battle, the Parties to the conflict shall take all possible measures to search for and collect the wounded and sick, to protect them against looting and ill-treatment, and to search for the dead in order to prevent them from being stripped. When circumstances permit, a truce or ceasefire or partial arrangements shall be agreed upon for the removal, exchange and transportation of the wounded and sick left on the battlefield and for the removal and exchange of the wounded and sick in besieged areas (Article 15).
3. Each party to the conflict shall register as soon as possible, in respect of each enemy wounded, sick or dead person who falls into its hands, whatever may be proved as to his identity (country of attachment; military, regimental or personal number; family name; first name; date of birth; any other particulars indicated on the identity card or plate; date and place of capture or death, the circumstances of the injury or illness in question or the cause of death) (Article 16).
4. The military authorities may call upon the inhabitants to collect and care for the wounded and sick voluntarily under their direction in a spirit of charity. No one shall be molested or criminalized for caring for the wounded or sick (Article 18).
5. Static medical clinics and mobile medical teams of the medical services shall not be attacked under any circumstances, but shall be respected and protected at all times by the parties to the conflict (Article 19). Hospital ships at sea shall not be attacked from land (Article 20).
6. Medical personnel specializing in the search, collection, transportation, treatment of the wounded and sick and in the prevention of disease, the staff specializing in the management of medical units and clinics, and the chaplains accompanying the troops shall be respected and protected in all circumstances (Article 24). The personnel of national Red Cross societies and other voluntary relief societies duly recognized and approved by their Governments shall be placed on the same footing as the above-mentioned personnel when performing the above-mentioned tasks (Article 26). Medical personnel, clerks, chaplains accompanying troops, and members of the Red Cross and other relief societies referred to above who fall into the hands of the enemy may be retained only so long as their state of health and mental needs, as well as their numbers, so require, and they shall not be considered prisoners of war. They shall be accorded due facilities for the performance of their medical and psychiatric duties (Article 28). Members of the armed forces who have been specially trained to be adequate hospital attendants, nurses or stretcher-bearers in case of need, and who are engaged in searching for, collecting, transporting or treating the wounded and sick, shall be respected and protected if, in the course of their duties, they come into contact with the enemy or fall into the hands of the enemy (Article 25).
7. The equipment of mobile medical units of the Armed Forces which fall into enemy hands shall be reserved for the care of the wounded and sick. The buildings, equipment and materials of the fixed medical clinics of the Armed Forces shall remain subject to the provisions of the laws of war (Article 33).
8. Transportation of the wounded and sick or of medical equipment shall be treated with the same respect and protection as mobile medical units. No attack shall be made on medical aircraft, which shall be respected by the belligerents while flying at such altitudes, at such times and on such routes as may be agreed upon between them (Article 36).
9. The Red Cross on a white background shall be reserved as the emblem and distinctive sign of the medical services of the armed forces, except that the adoption of the Red Crescent on a white background or of the Red Lion on a white background, together with the Day, is also recognized by this Convention (Article 38). The above emblem shall be displayed on flags, armlets and all equipment used by the medical services (Article 39).
The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, known as Geneva Convention No. 2 of 1949,*** with 63 articles and an annex, amends and supplements Hague Convention No. 10 of 1907. It is identical to Convention No. 1 in terms of scope of application, objects of protection, basic principles, etc., except that, in view of the characteristics of naval warfare, it provides special principles and rules for the protection of the sick and wounded, hospital ships and their personnel in naval warfare. The Convention applies only to troops on board ships, and landing forces are still subject to the principles and rules laid down in Geneva Convention No. 1.
The main elements of the 2nd Geneva Convention are -
1. Personnel of the armed forces and other persons concerned who are wounded, sick or shipwrecked at sea shall be respected and protected in all circumstances. The term "shipwreck" shall be understood to mean shipwreck for any reason and shall include persons who have been forced to land an aircraft on the surface of the sea or who have been forced to jump from an aircraft into the sea. Parties to the conflict shall treat and care for such persons in their power in a humane manner, without discrimination on the basis of sex, race, nationality, religion, political opinion or other similar criteria. Any danger to their lives or physical violence against them shall be strictly prohibited, in particular murder, torture or biological experiments, wilful denial of medical assistance and care, or situations that expose them to the risk of contagious diseases. Early treatment shall be granted only for reasons of medical urgency. Women shall be treated with due regard for their sex (Article 12). Such persons in the hands of the enemy shall be prisoners of war (Article 16).
2. After each battle, each party to the conflict shall search for and collect the shipwrecked, wounded, and sick (Article 18), register as soon as possible the shipwrecked, wounded, sick, or dead of the enemy in its hands (Article 19), and call upon the masters of merchant ships, yachts, or other vessels of neutral nations to receive and care for the wounded, sick, or shipwrecked on board their vessels in a spirit of charity, and to collect the dead. The said vessels shall in no way be liable to arrest for engaging in such transportation (Article 21).
3. Military hospital ships, that is to say, ships specially and exclusively constructed or equipped by States for the purpose of rescuing, treating, and transporting the wounded, sick, and shipwrecked, shall under no circumstances be attacked or seized, but shall at all times be respected and protected, provided that the parties to the conflict are notified of the name of the ship and a description thereof not less than ten days before the vessel is to be used (Article 22). In case of fighting on board a warship, the sick bay shall be respected and, as far as possible, preserved (Article 28). Any hospital ship anchored in a port which has fallen into the hands of the enemy shall be permitted to leave that port (Article 29).
4. The religious, medical and hospital staff and the crew of a hospital ship shall be respected and protected and shall not be taken prisoner during their service on board the hospital ship, whether or not there are wounded or sick on board (Article 36).
5. Ships chartered for the purpose of medical transportation shall be permitted to transport equipment intended solely for the treatment of the wounded and sick in the armed forces or for the prevention of disease, provided that the enemy State is notified of the voyage of the ship and approves it. The hostile Power reserves the right to board and inspect the ship, but shall not fail to arrest or detain the equipment on board (Article 38).
6. Medical aircraft shall not be the object of attack and shall be respected by the parties to the conflict when flying at such altitudes, at such times and on such routes as the parties to the conflict may specifically agree (Article 39).
The Geneva Convention relative to the Treatment of Prisoners of War (known as Geneva Convention No. 3 of 1949),*** with its 143 main articles and five annexes, amends and supplements the 1929 Convention of the same name. It expands the scope of application and the objects of protection of the Convention and sets out in detail the principles and rules governing the treatment of prisoners of war. Its main elements include the following: a prisoner of war is under the authority of an enemy State, not of the individual or military unit that captured him, and therefore the detaining State is responsible for the prisoner; a prisoner of war must be treated and protected at all times in a humane manner, and must not be mutilated or made available for any medical or scientific experimentation, or subjected to atrocities or to intimidation or to insults and annoyance to public curiosity; retaliatory measures are prohibited for prisoners; the treatment of prisoners of war is not permitted; and the treatment of prisoners of war is not permitted in any circumstances. Retaliatory measures against prisoners of war are prohibited; objects of personal use of prisoners of war, except weapons, horses, military equipment and military documents, shall remain the property of the prisoner of war; prisoners of war shall be guaranteed accommodation, food and hygienic medical care; prisoners of war may be detained but may not be imprisoned except under applicable penal and disciplinary sanctions; disciplinary punishments shall never be inhumane, atrocious or dangerous to the health of the prisoner of war; prisoners of war shall not be ordered to perform hazardous and humiliating labor; no physical or scientific abuse of prisoners of war shall be inflicted; no physical or scientific abuse shall be inflicted on prisoners of war. prisoners of war shall not be subjected to physical or mental torture or to any other form of coercion for the purpose of obtaining any information; prisoners of war shall be released or repatriated without delay after the cessation of hostilities; in no case shall prisoners of war renounce some or all of the rights conferred by the Convention, etc.
The main elements of Geneva Convention No. 3 are "Prisoner of war" means members of the armed forces, militia, volunteer forces, members of resistance movements subject to certain conditions, and persons authorized to accompany the armed forces, etc. (Article 4).
2. Prisoners of war are in the hands of the enemy State and not in the hands of the individuals or military units that captured them. The detaining State shall be responsible for the treatment of prisoners of war (Article 12). The State which detains prisoners of war shall maintain them free of charge and give them such medical attention as their state of health may require (Article 15).
3. Prisoners of war shall be treated and protected humanely at all times. Any unlawful act by the Detaining Power, or any act which may result in the death of a prisoner of war or seriously jeopardize his health, shall be prohibited and shall be regarded as a grave breach of this Convention. In particular, prisoners of war shall not be mutilated or made available for any medical or scientific experimentation, or subjected to brutality or intimidation and to insults and annoyances of public curiosity. Reprisals against prisoners of war are prohibited (article 13).
4. Prisoners of war shall in all cases enjoy respect for their persons and their honor. Prisoners of war shall enjoy the full civil capacity which they enjoyed at the time of their capture (Article 14).
5. The Detaining Power shall treat all prisoners of war in the same manner without discrimination on the basis of race, nationality, religious belief or political opinion or other similar criteria, except where special treatment is accorded to prisoners of war on the basis of their rank, sex, state of health, age, or occupational qualifications (article 16).
6. At the outset of captivity, each prisoner of war shall be informed only of his name, rank, date of birth, and military, regimental or personal number. Prisoners of war shall not be subjected to physical or mental torture, nor shall any information be obtained from them by any means of coercion (Article 17).
7. In addition to weapons, horses, military equipment and military documents, articles for the personal use of prisoners of war, including helmets, gas masks and other articles for personal protection, shall remain in the possession of the prisoners of war. Badges of rank and nationality, decorations and articles of special personal or sentimental value of a prisoner of war shall not be taken from him (Article 18).
8. Prisoners of war may be detained only in places on land where conditions of hygiene and health are guaranteed (Article 22). Prisoners of war may not at any time be placed in combat zones within the reach of artillery fire (Article 23).
10. The Detaining Power may utilize the labor of physically fit prisoners of war at its discretion, taking into account their age, sex, rank, and physical strength, and with a view, in particular, to the preservation of their physical and mental health (Article 49). However, they may not be made to perform labor that is harmful to their health, dangerous, or humiliating (Article 52).
12. Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities (Article 118).
13. The death certificate of a prisoner of war shall contain his identity (name, rank, date of birth, and military, regimental or personal number), the date and place of his death, the cause of his death, the date and place of his burial, and all particulars necessary for the identification of the grave. Before burial or incineration, his body shall be examined by a physician (Article 120). Death or serious injury of a prisoner of war. Any death or serious injury caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as deaths of unknown cause, shall be the subject of an immediate and formal investigation by the Detaining Power. After the investigation, the Detaining Power shall prosecute the offender (Article 121).
The Geneva Convention relative to the Protection of Civilian Persons in Time of War (known as Geneva Convention No. 4 of 1949), *** has 159 articles in the main text and three annexes. In the annexes to Hague Convention No. 2 of 1899 and Hague Convention No. 4 of 1907, there are only a few scattered articles on the protection of civilians. This Convention supplements and develops these provisions. Its main contents include the following: civilians of an adverse party to a conflict who are in the power of that party shall be protected and treated humanely, including the granting of safe passage out of the territory and the safeguarding of the fundamental rights of civilians who have not been repatriated; the destruction of undefended towns and villages is prohibited; the killing of, coercion of, maltreatment of, and deportation of the peaceful inhabitants of the country are prohibited; and the taking of measures which cause physical pain or destruction of the protected persons is forbidden, including murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessary to cure the disease are also prohibited. medical or scientific experiments not necessary for medical treatment, etc.; the person, family, honor, property, religious beliefs and customs of the peaceful inhabitants shall be respected in all circumstances, and at all times protected persons shall be treated humanely and shall be protected, in particular from all outrages or threats of outrages and from insults and annoyances of public curiosity; the Occupying Power shall not compel protected persons to serve in its armed or auxiliary forces ; collective punishment and the taking of hostages, etc., are prohibited.
The main elements of the Fourth Geneva Convention are-
1. In case of conflict or occupation, a person who, for a certain period of time and in any manner whatsoever, is in the hands of a Party to the conflict or Occupying Power of which he is not a national is a protected person under the Convention (Article 4).
2. The person, honor, family rights, religious beliefs and rites, customs and practices of protected persons shall be respected in all circumstances. Protected persons shall at all times be treated humanely and shall be protected, in particular, against all outrages or threats of outrages and against insults and public curiosity. Women shall be specially protected against dishonor, in particular against rape, forced prostitution or any form of indecent assault. The parties to the conflict shall treat protected persons in their power in the same manner, without prejudice to the provisions relating to their state of health, age and sex, and shall not discriminate against them, in particular on the basis of race, religion or political opinion (Article 27).
3. Measures causing physical pain or destruction of protected persons, including murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessary for treatment, are prohibited (Article 32). Collective punishment, intimidation, pillage or reprisals against protected persons and their property are prohibited (Article 33). Taking hostages is prohibited (Article 34).
4. All protected persons in the territory of a party to the conflict who wish to leave the territory at the beginning of the conflict, or during the course of the conflict, shall have the right to do so unless their departure would be contrary to the national interests of the State in which they are present (Article 35). The status of protected persons in the territory of one of the parties to the conflict shall, in principle, continue to be regulated in accordance with the peacetime regulations governing aliens. In all cases, they shall have the right to receive individual or collective relief consignments; to receive medical care and hospitalization on an equal footing with the population of the country concerned; to be permitted to move out of war-risk zones on the same basis; to enjoy the same preferential treatment as is accorded to children, pregnant women and young children; and to be permitted to practise their religious rites and to receive spiritual assistance from ministers of their own religion (art. 38). They may be detained or placed in designated accommodation only when the security of the Detaining Power absolutely requires it (art. 42).
6. When the parties to the conflict detain an enemy alien or resident of the occupied territory, the detainee shall retain his full civil capacity (Article 80). The person detaining a protected person shall be responsible for maintaining the detainee and his dependants free of charge (Article 81). The custodial State shall, as far as possible, place the detainee in accordance with his or her nationality, language and customs. Persons of the same family shall be accommodated in the same place of detention (art. 82). Places of detention shall not be established in areas exposed to the dangers of war (art. 83) or in areas where the hygiene or climate is detrimental to the detainee (art. 85). The daily ration of food for detainees shall be of sufficient quantity, quality and variety to maintain the health of the detainee and to prevent undernourishment (art. 89). The Detaining Power may not employ a detainee as a worker unless he or she volunteers to do so. The Detaining Power shall be fully responsible for the conditions of work, medical care, payment of wages and obtaining compensation for accidental injury or illness arising out of and in connection with work (art. 95). Detainees shall be allowed to keep their personal effects (art. 97) and shall receive a regular allowance (art. 98). The disciplinary regime in places of detention shall be compatible with humanitarian principles (art. 100). The laws of the place of detention apply to detainees who have committed an offense (art. 117). The death of a detainee must be certified by a doctor, and a death certificate must be drawn up stating the cause of death and the circumstances in which it occurred (art. 129). If the death or serious injury is due or suspected to be due to another person, or if the cause of death is unknown, the Detaining Power shall conduct an investigation and prosecute those responsible (art. 131).
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