Geneva Convention – a brief discussion Ranjan Dhar, Kingston Law College LAW CRITIQUE Mon, May 06, 2019, at ,12:08 PM Introduction: The structure of International Law as is known today is the outcome of the experiences that the civilized nations of the world faced during exchanges between other nations around the globe through centuries. The rules of International Law were in a developed stage in ancient India as is evident from the scriptures like Manusmriti, Ramayana, Mahabharata, Kautilya’s Arthashastra etc. and the Indian culture have always respected the global community as described in the verse “Basudaiva Kutumbakam”. In recent times this particular convention came into discussion of common people regarding the capture of our MIG 21 pilot Abhinandan by Pakistani forces and his release. In this article I am going to discuss briefly about the Geneva Convention and its applicability in wider sense. Geneva Conventions and Protocols: The development of International Law during 19th and 20th Centuries which govern the relations between States or Nations across the World, many rules and principles were constructed on the basis of the International customs practiced by the States or general principles of law practiced by civilized nations. The rules governing International Law is also formulated on the basis of the needs of the changing times and circumstances. The Geneva Convention has also undergone many changes and incorporations of various relevant humanitarian principles have been from time to time. International Humanitarian Law (IHL) seeks to save the life and mitigate the sufferings of both soldiers and civilians during war. The relevant legal documents of IHL are the basis of Geneva Convention. The Geneva Convention is not a written single document but a series of agreements signed by majority of the Nations of the World, for the protection of war victims and applied mainly at the time of armed conflict between member Nations. The credit for the development of International Humanitarian Law goes to Henry Durant, a Swiss businessman, with a big heart and conscience. He wrote his painful experience of a bloody battle between French and Austrian Armies in a book named “A Memory of Solferino” and he also proposed for the formation of a Group of Volunteers to take care of the wounded during war. A group had been formed in Geneva in 1863, also known as the Committee of Five and later became the International Committee of the Red Cross. Several months after the formation of this group, Diplomats form 16 nations, assisted by representatives of military medical services and humanitarian societies and the conference lasted from 8-22 August, 1864 and signed a convention consisting of ten articles known as the first Geneva Convention. Till date Geneva Conventions has been revised and replaced several times but the main principles of the Conventions evolve around: Medical Units and establishments; Medical personnel and Chaplains; Medical transports like ambulances, medical aircrafts etc. should be considered as neutral and must be protected and if by chance occupied by the enemy, these must be repatriated. Citizens who assist the wounded persons need to be protected. Wounded and sick armed personnel need to be collected and treated carefully by either side of the conflict. The emblem of Red Cross should be distinctive and recognized. The symbol is RED CROSS on a White background, this symbol has the reversal of colour of Swiss National Flag and it has been made so, as a mark of respect to the origin of this initiative. Red Cross, Red Crescent and/ or Red Crystal are regarded as protective emblems under International Humanitarian Law. A brief timeline of the said above Convention is as follows: Geneva Convention, 1864: It is the first and foremost of the four conventions/ treaties named Geneva Convention. The objective of the first convention is the Amelioration of the Condition of the Wounded Armies in the Field. Geneva Convention, 1906: This was formulated to extend the principles of the provisions of Geneva Convention to maritime warfare and was first proposed at a Diplomatic Conference in 1868. But, it was not ratified at that time and after a long period in 1907, the 10th Hague Convention the draft proposal was ratified by 47 States and remains in force till date. Geneva Convention, 1929: It is the third convention, signed on 27th July, 1929 and is related to the treatment with the Prisoners of War and the treaty was implemented or came into force on 19th June, 1931. Prisoners of war include— Members of the armed forces; Voluntary armed personnel, including resistance movements; and also the civilians who are accompanying and assisting the armed forces. Geneva Convention, 1949: It is the fourth convention held in 12th August, 1949 and is related to the protection of Civilian persons in the time of war. This includes civilians residing in the area of armed conflict and occupied territories. This convention consists of 159 Articles which mention various provisions for the protection of common citizens of the occupied State. Geneva Protocol, 1925: In this protocol, provisions had been made that, the gas and asphyxialy poisonous substance and of biological methods or agents were prohibited during the aerial warfare. Geneva Protocol, 1977: This is commonly known as Protocol-I, it relates to the Protection of Victims of International Armed Conflicts and it expands protection for the civilian population as well as military and civilian medical workers in international armed conflicts. This protocol consists of 102 Articles. Geneva Protocol, 2005: It is also known as Protocol-II, it relates to the Protection of Victims of Non-International Armed Conflicts as mentioned in common Article 3 of Geneva Convention, which means high intensity internal conflicts like civil wars. But, it does not apply to internal disturbances like riots, demonstrations, discrete act of violence etc. This protocol consists of 28 Articles. Applicability: The Geneva Conventions apply in all cases of declared war or armed conflict either between nations and also applicable in Non-International Armed Conflicts. This convention is also applicable in cases where a nation is partially or totally occupied by soldiers of another nation, even when there is no armed resistance to that occupation. This convention aims to protect lives of wounded or sick military personal; take care and extend medical facilities to such personnel; and also made provisions to protect civilians of the occupied territory. Nations that signed and ratified the Geneva Conventions need to abide by the humanitarian legislative principles endorsed in the treaties and impose legal obligations or lawful sanctions against the violation of any of the provisions of the Convention. Conclusion: Geneva Convention is inspired by “the eternal principles of that Law which is the foundation and the safeguard of civilization “, and is designed to “ensure the respect of human personality and dignity by putting beyond reach of attack those rights and liberties which are the essence of its existence”. This Convention forms the basis of contemporary International Humanitarian Law (IHL). International Committee of the Red Cross (ICRC) report shows continuing relevance of Geneva Conventions still persist and help under the aegis of this Convention has been extended to Prisoners of War (POW) and also to civilian internees. The emblems used on medical facilities including medical transport services have been observed to get protected. But, contrasting report exists, in case of armed conflict having non-international character. In case of civil wars, the rebel groups ignore the humanitarian law as ensured in Geneva Conventions under common Article 3. Imparting training to armed personnel even of the States which have ratified the Convention sometimes failed to get satisfactory results. Therefore, one can say the positive impact of Geneva Convention is far reaching unless we understand human values. The humanitarian objective of the Convention will remain as a piece of paper containing rules to observe until every signatory States or international bodies can understand their responsibility and importance to observe humanitarian law with true spirit.