Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva Convention). 1949) * * * There are 64 texts and two annexes, the main contents of which are: confirming the principle that the wounded and sick on both sides of the enemy should be treated humanely without distinction under any circumstances; It is forbidden to inflict any harm or violence on the life and person of the wounded and sick, especially to prohibit murder, torture, conducting biological experiments or deliberately failing to give medical assistance and care; Medical units and their buildings, equipment and personnel are inviolable, but there should be obvious signs of the Red Cross or Red Crescent, red lions on a white background and the sun.
The main contents of Geneva Convention 1 are-
1. Injured or sick armed personnel or other relevant personnel should be respected and protected under any circumstances. One party to the conflict should treat and take care of these people under its power humanely; There shall be no discrimination based on gender, race, nationality, religion, political views or other similar criteria. Any harm to his life or violence to his person, especially murder or extermination, torture or biological experiments, should be strictly prohibited; Don't deliberately refuse to give medical help and care, and don't put them at risk of infectious diseases. Only medical emergencies can be treated in advance. Women should be treated with full consideration of their gender. When a party to the conflict is forced to hand over the wounded and sick to the enemy, it should leave some medical personnel and equipment to take care of them within the scope permitted by military considerations (Article 12). The wounded and sick who fall into the hands of the enemy by the belligerent countries should be prisoners of war, and the provisions of international law on prisoners of war should be applied to them (article 14).
2. Whenever, especially after each battle, all parties to the conflict should immediately take all possible measures to search for and collect the wounded and sick, protect them from robbery and abuse, search for the dead and prevent them from being robbed. If circumstances permit, a truce or ceasefire or some measures shall be agreed upon to move, exchange and transport the wounded left on the battlefield and the wounded in the besieged area (Article 15).
3. The parties to the conflict should register as soon as possible anything that can prove the identity of each injured, sick or dead enemy who falls into their hands (the country to which they belong; Military, regiment and individual titles; Surname; Name; Date of birth; Other matters indicated on the ID card or ID card; Date and place of capture or death, information about the cause of injury or death) (Article 16).
Military authorities can call on residents to collect and take care of the wounded and sick voluntarily under their guidance and in the spirit of charity. No one shall be harassed or convicted for caring for the injured or sick (Article 18).
5. Fixed medical clinics and mobile medical teams in the medical sector shall not be attacked under any circumstances, but shall be respected and protected by all parties to the conflict at all times (Article 19). It is forbidden to attack a hospital ship at sea from land (Article 20).
6. Medical personnel who specialize in searching, collecting, transporting, treating the wounded and preventing diseases, staff who specialize in managing medical teams and clinics, and priests attached to the army should be respected and protected under all circumstances (Article 24). The personnel of the National Red Cross Society and other voluntary relief organizations officially recognized and approved by the national government shall be in the same position as the above-mentioned personnel when undertaking the above tasks (Article 26). The above-mentioned medical personnel, workers, priests, Red Cross and other relief organizations who fall into enemy hands can only be retained when the health and mental needs of prisoners of war and the number of prisoners of war so require, and the retained personnel are not regarded as prisoners of war. They shall enjoy appropriate facilities when performing medical and mental tasks (Article 28). Hospital nurses, nurses or auxiliary stretcher bearers specially trained in the armed forces when necessary, as well as those engaged in searching, collecting, transporting or treating the sick and wounded, should be respected and protected if they come into contact with the enemy or fall into the hands of the enemy when performing their duties (Article 25).
7. If the mobile medical teams of the armed forces fall into enemy hands, their equipment should be reserved for taking care of the sick and wounded. The buildings, equipment and materials of fixed clinics of the armed forces are still subject to the provisions of the laws of war (Article 33).
8. Transport teams for the sick and wounded or medical equipment should receive the same respect and protection as mobile medical teams. It is forbidden to attack medical aircraft, which should be respected by the belligerents when flying at the altitude, time and route agreed between them (Article 36).
9. The sample of the red cross flag with a white background shall be retained as the symbol and special symbol of the medical department of the armed forces, but the adoption of the red crescent with a white background or the red lion with a white background is also recognized in this Convention (Article 38). Flags, armbands and all equipment used by medical departments shall be marked with the above-mentioned signs (Article 39).
The Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (namely 1949 Geneva II Convention) * * has 63 texts and 1 annexes, which is a revision and supplement to the Hague Convention 17. It is exactly the same as Convention 10. 1 in terms of scope of application, protected objects, basic principles, etc. Only by combining the characteristics of naval warfare, special principles and rules for protecting the wounded and sick, hospital ships and their personnel in naval warfare are stipulated. The Convention only applies to the troops on board, and the principles and rules stipulated in the Geneva Convention 1 still apply to the landing troops.
The main contents of the Second Geneva Convention are as follows
1. Armed forces personnel and other relevant personnel who are injured, sick or shipwrecked at sea should be respected and protected under all circumstances. The word "shipwreck" should be understood as a shipwreck for any reason, including those who are forced to land at sea or jump into the sea from an airplane. All parties to the conflict should treat and take care of the above-mentioned personnel under their power humanely, and should not discriminate on the basis of gender, race, nationality, religion, political opinions or other similar standards. Any harm to his life or violence to his person, especially murder, torture or biological experiments, intentional refusal of medical assistance and care, and any situation that puts him at risk of infectious diseases, should be strictly prohibited. Only medical emergencies can be handled in advance. Women should be treated with full consideration of their gender (article 12). Those who fall into enemy hands will become prisoners of war (article 16).
2. After each battle, all parties to the conflict should search for and collect the shipwrecked, wounded and sick people (Article 18), register the shipwrecked, wounded and sick people or deadly enemies in their hands as soon as possible (Article 19), and call on the captains of neutral merchant ships, yachts or other neutral ships to take care of the shipwrecked, wounded and sick people or shipwrecked in a charitable spirit. The above-mentioned vessels shall not be detained for engaging in this transportation (Article 2 1).
3. Military hospital ship is a ship specially built or equipped by various countries to rescue, treat and transport the wounded and the shipwrecked. Under no circumstances should they be attacked or captured, but they should be respected and protected at all times. However, the parties to the conflict should be informed of their names and descriptions 65 days before use (Article 22). If there is a battle on a warship, the sick room should be respected and kept as far as possible (Article 28). Any hospital ship anchored in a port that falls into enemy hands should be allowed to leave the port (Article 29).
4. Religious, medical and hospital staff and crew on board the hospital should be respected and protected. No matter whether there are injured or not on board, they shall not be captured during the service of the hospital ship (Article 36).
5. Ships hired for medical transportation should be allowed to transport equipment specially used for treating the wounded and sick in the army or preventing diseases as long as the navigation situation is notified to the enemy country and approved by it. The enemy country reserves the right to board the ship for inspection, but it must seize or intercept the equipment it carries (Article 38).
6. Medical aircraft should not be the target of attack, and should be respected by the parties to the conflict when flying at the altitude, time and route specially agreed by them (Article 39).
The Geneva Convention relative to the Treatment of Prisoners of War (Geneva Convention No.3 1949) * * has a text of 143 and five annexes, which is a revision and supplement to the Convention of the same name 1929. It expands the scope of application and the object of protection of the Convention, and specifies in detail the principles and rules for the treatment of prisoners of war. Its main contents include: the prisoner of war is under the jurisdiction of the enemy country, not the individual or military unit that captured him, so the detaining country should be responsible for the prisoner of war; Prisoners of war must be treated and protected humanely at all times. Prisoners of war shall not be physically injured or subjected to any medical or scientific experiments. They must not be disturbed by atrocities or intimidation, insults and public curiosity. It is forbidden to take retaliatory measures against prisoners of war. Personal belongings of prisoners of war, except weapons, horses, military equipment and military documents, should still be kept by prisoners of war; Accommodation, food and health care for prisoners should be guaranteed; Prisoners of war may be detained, but they may not be imprisoned unless criminal and disciplinary sanctions are applied; Punishment must be humane, cruel or endanger the health of prisoners of war; Prisoners of war shall not be ordered to engage in dangerous and humiliating work; Prisoners of war should not be subjected to physical or mental torture or any other coercion to obtain any information; After the war stops, prisoners of war should be released or repatriated immediately without delay; Under no circumstances can a prisoner of war give up part or all of the rights conferred by the Convention.
The main contents of the Third Geneva Convention are as follows
1. "Prisoners of war" refers to the armed forces, militia, volunteers, members of the resistance movement who meet certain conditions and authorized personnel accompanying the armed forces (Article 4).
Prisoners of war are in the hands of enemy countries, not in the hands of individuals or military units that capture them. The detaining State shall be responsible for the treatment of prisoners of war (Article 12). Countries that detain prisoners of war shall maintain their lives free of charge and provide them with medical services necessary for their health (Article 15).
Prisoners of war must be treated and protected humanely at all times. Any illegal act of the detaining country or any act that may lead to the death of prisoners of war or seriously endanger their health shall be prohibited and shall be regarded as a serious violation of this Convention. In particular, prisoners of war should not be dismembered or subjected to any medical or scientific experiments, and should not be subjected to atrocities or intimidation, insults and public curiosity. It is forbidden to take retaliatory measures against prisoners of war (Article 13).
Prisoners of war should be respected by individuals and honors under all circumstances. Prisoners of war shall enjoy all the civil capacity they enjoyed when they were captured (Article 14).
5. The detaining State shall treat all prisoners of war equally, and shall not discriminate on the basis of race, nationality, religious belief or political views or other similar criteria except their rank, gender, health status, age or professional qualifications (Article 16).
6. At the beginning of the capture, each prisoner of war only needs to state his name, rank, date of birth and number of army, regiment and individual. Prisoners of war shall not be subjected to physical or mental torture or obtain any information from them by any coercive means (Article 17).
7. In addition to weapons, horses, military equipment and military documents, the personal effects of prisoners of war, including helmets, gas masks and other personal protective equipment, should still be kept by prisoners of war. Badges and medals of the rank and nationality of prisoners of war and articles with special personal or emotional value shall not be taken away from them (article 18).
8. Prisoners of war can only be detained in places where sanitation and health are guaranteed on land (Article 22). Prisoners of war must not be placed in a war zone within fire at any time (Article 23).
9. The accommodation of prisoners of war shall be as good as that of troops of the detaining country stationed in the same area (Article 25). Basic rations should be sufficient to maintain the health of prisoners of war and prevent weight loss or malnutrition (Article 26). Prisoners of war shall be provided with adequate clothes, underwear, shoes and socks (Article 27). Every prison camp should have an appropriate clinic (Article 30).
10. the detaining state may consider the age, sex, rank and physical strength of prisoners of war and use prisoners of war with qualified physical strength to work, especially in order to maintain their physical and mental health (article 49). However, they may not engage in jobs that are harmful to health, dangerous or degrading (Article 52).
1 1. Prisoners of war are bound by the existing laws, rules and orders of the armed forces of the detaining country, and take judicial or disciplinary measures against acts of violating prisoners of war according to procedures that do not violate the provisions of the Convention (Article 82). Disciplinary punishment must be humane, cruel or endanger the health of prisoners of war (Article 89). Judicial proceedings against prisoners of war shall be notified to the protecting country as soon as possible (Article 104).
12. Prisoners of war shall be released and repatriated immediately after actual fighting stops (Article 1 18).
13. The death certificate of a prisoner of war shall indicate his identity (name, rank, date of birth and number of army, regiment and individual), date and place of death, cause of death, date and place of burial, and all necessary details for identifying the grave. Before burial or incineration, the body should be examined by a doctor (article 120). Death or serious injury of a prisoner of war. Death caused or suspected by sentry, another prisoner of war or any other person, as well as unexplained death, should be formally investigated by the detaining country immediately. After the investigation, the detaining country shall prosecute the criminals (article 12 1).
The Geneva Convention relative to the Protection of Civilian Persons in Time of War (namely1Geneva Convention No.4 of 949) * * has a text of 159 and three annexes. The annexes of Hague Convention No.2 1899 and Hague Convention No.4 1907 contain only a few scattered provisions on the protection of civilians. The Convention is a supplement and development to these provisions. Its main contents include: enemy civilians under the power of one party to the conflict should be protected and treated humanely, including being allowed to leave the country safely and ensuring the basic rights of civilians who have not been repatriated; It is forbidden to destroy undefended towns and villages; Killing, coercion, ill-treatment and expulsion of peaceful residents are prohibited; It is forbidden to take measures that cause physical pain or death to the protected person, including murder, torture, corporal punishment, mutilation and treatment of unnecessary medical or scientific experiments; The person, family, honor, property, religious beliefs and customs of peaceful residents should be respected under all circumstances, and protected people should be treated humanely and protected at all times, especially from all atrocities or threats of atrocities, insults and public curiosity; The occupying Power shall not compel protected persons to serve in its armed forces or auxiliary forces; Collective punishment and hostage-taking are prohibited.
The main contents of the Fourth Geneva Convention are as follows
1. In the case of conflict or occupation, a person is under the control of a party to the conflict or an occupying power outside his own country for a period of time, and is in any case a person protected by this Convention (Article 4).
2. In any case, the person, honor, family rights, religious beliefs and rituals, customs and habits of the protected person should be respected. At all times, the protected should be treated humanely and protected, especially from all atrocities or threats of atrocities, insults and public curiosity. Women should be specially protected from being insulted, especially from rape, forced prostitution or any form of indecent assault. All parties to the conflict shall treat the protected persons under their power equally, without prejudice to the provisions on their health status, age and gender, and shall not discriminate on the basis of race, religion or political opinions (Article 27).
3. It is prohibited to take measures that cause physical pain or death to the protected person, including murder, torture, corporal punishment, amputation of limbs and treatment of unnecessary medical or scientific experiments (Article 32). Collective punishment, intimidation, robbery or retaliation against protected persons and their property are prohibited (Article 33). Hostage-taking is prohibited (Article 34).
4. All protected persons in the territory of a party to a conflict shall have the right to leave the country if they wish to do so at the beginning or during the conflict, unless their departure is contrary to the national interests of the host country (Article 35). In principle, the status of protected persons in the territory of one party to the conflict should continue to be stipulated by the regulations on foreigners in peacetime. In any case, you should have the right to receive individual or collective relief items; Get the same medical treatment and hospitalization as the people of the countries concerned; It is also allowed to move out of the war danger zone; Also enjoy the preferential treatment enjoyed by children, pregnant women and young children; They are allowed to hold religious ceremonies and receive spiritual assistance from their priests (Article 38). Only when the security of the detaining country absolutely requires it can they be detained or placed in a designated residence (Article 42).
5. Individual or collective forcible transfer and expulsion of protected persons from occupied areas to the territory of the occupying Power or any other occupied or unoccupied national territory is prohibited, regardless of their motives. But if it is necessary for the safety of residents or urgent military reasons. The occupying Power may completely or partially withdraw from an area (Article 49). The occupying power shall not force the protected person to serve in its armed or auxiliary forces, nor shall it allow oppression and propaganda to obtain voluntary enlistment (Articles 565-438+0). The occupying Power shall not destroy any public or private property unless absolutely necessary by military operations (Article 53). The occupying power is obliged to ensure food and medical care for its residents (art 55). The criminal laws and regulations of the occupied territories are still in force, and if they pose a threat to the security of the occupying power, the occupying power may repeal or stop them (Article 64). The criminal law promulgated by the occupying Power stipulates that the law shall not come into force until it is published and made known to the residents in their own language (Article 65). Without a legal trial, the competent court of the occupying Power shall not pronounce a judgment (Articles 765-438+0). Protected persons accused of crimes shall be detained in the occupied country, and if convicted, they shall also serve their sentences in that country (Article 76).
6. When the parties to the conflict detain overseas Chinese from an enemy country or residents of occupied areas, the detainees shall retain all their capacity for civil conduct (Article 80). A person who detains a protected person shall be responsible for maintaining the life of the detainee and his family free of charge (Article 8 1). As far as possible, the detaining country should arrange detainees according to their nationality, language and habits. People from the same family shall be placed in the same place of detention (Article 82). Places of detention shall not be located in areas where there is danger of war (Article 83) or where the climate is unsanitary or harmful to detainees (Article 85). The daily rations of detainees shall be sufficient in quantity, quality and variety to maintain the health of detainees and prevent malnutrition (Article 89). The detaining State may not employ a detainee as a worker unless he is willing to do so. The detaining State shall be fully responsible for working conditions, medical care, payment of wages and compensation for work-related injuries or occupational diseases (Article 95). Detainees are promised to keep their personal belongings (article 97) and receive regular allowances (article 98). The disciplinary system of detention places should conform to the humanitarian principle (article 100). The law on places of detention applies to detainees who violate the law (Article 1 17). The death of a detainee must be certified by a doctor, and a death certificate must be issued stating the cause of death and the circumstances (Article 129). If the death or serious injury of another person is caused or suspected, or the cause of death is unknown, the detaining state shall investigate and prosecute the responsible person (article 13 1).