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The Geneva Conventions and the Red Cross

The rage of war, however


mitigated, will always fill the world
with calamity and horror; let it not
then be unnecessarily extended;
let animosity and hostility cease
together; and no man be longer
deemed an enemy, than while his
sword is drawn against us.
Samuel Johnson
This booklet gives general
information about the protection
that virtually all states in the
world have agreed shall be
provided to the lives and safety
of victims of armed conflict,
both civilian and military.
States that accept the Geneva
Conventions and, where
applicable, their Additional
Protocols bind themselves to
follow these essential rules.

The booklet also explains


the connections between the
Conventions and the Red Cross
movement, which originally
promoted them.

Achieving the humanitarian


aims of the Conventions
depends on their key features
being widely known by people
in all countries – this publication
is part of the British Red Cross’
contribution to that goal.
Part 1
The Geneva Conventions
Introduction

Definitions

The Geneva Conventions and their Additional Protocols are


international treaties binding on all states that have accepted them.
All states in the world have accepted the Conventions themselves.
The International Red Cross and Red Crescent Movement is a
global humanitarian movement.

Historical background

The experience of one man, a citizen of


Geneva called Henry Dunant (left), led to
both the foundation of the Red Cross and
the first Geneva Convention.

Dunant witnessed the aftermath of the


Battle of Solferino in 1859 and was horrified
by the sight of thousands of wounded lying
helpless and abandoned with no one to
care for them. He helped look after them,
calling on the local population to assist, and afterwards described
his experiences in a book called A Memory of Solferino.

He suggested the establishment of voluntary relief societies who


could be trained during peacetime to be ready to care for the
wounded in time of war, and called for an international agreement
to be drawn up to protect the wounded and those who looked
after them.

6 The Geneva Conventions and the Red Cross


Four Genevese citizens joined Dunant and established a
committee with the aim of putting his suggestions into practice. In
1863 they organised an unofficial international conference at which
it was agreed each country should form relief societies capable
of assisting the Army Medical Services in wartime. This was the
beginning of the Red Cross.

The following year the committee, which later became the


International Committee of the Red Cross (ICRC), invited
governments to send representatives to a diplomatic conference,
which resulted in 12 European nations signing a treaty stating that
in future wars they would care for all sick and wounded personnel,
regardless of nationality, and recognise the neutrality of medical
personnel, hospitals and ambulances identified by the emblem
of a red cross on a white background. This treaty was called the
Geneva Convention.

It was concerned only with soldiers wounded on the battlefield but


over the years it has been expanded to cover everyone caught up
in conflicts, particularly if they do not actually take an active part in
the fighting. There are now four Geneva Conventions, drawn up in
1949, covering wounded and sick members of the armed forces
on the land and at sea, the shipwrecked, prisoners of war and
civilians. Every state in the world has accepted them.

The United Kingdom ratified those four Conventions in 1957, and


UK legislation relating to them, and providing for the punishment
of offenders against them, is contained in the Geneva Conventions
Act 1957.

Two additional Protocols were drawn up in 1977. The First


Protocol extends the Conventions, taking into consideration

The Geneva Conventions and the Red Cross 7


modern means of warfare and transport, and giving additional
protection to civilians. The Second Protocol provides a code of
minimum protection for those taking part in fighting and the civilian
population during internal conflicts.

The United Kingdom ratified these two Protocols in 1998. As of


2008, over 160 states are parties to these Protocols though some
major states are not. In 2005, a Third Additional Protocol was
adopted to introduce an additional protective emblem, the red
crystal. Thirty-three states have ratified this Protocol, though this
does not yet include the United Kingdom.

Content

The Conventions and their Protocols are long and complicated,


but the underlying principles are simple: the human dignity of all
individuals must be respected at all times. Everything possible
must be done, without any kind of discrimination, to reduce the
suffering of those who take no direct part in the conflict or have
been put out of action by sickness, wounds or captivity.

They contain essentially a series of dos and don’ts that apply


during conflict to protect vulnerable and defenceless individuals.
Although the actual Conventions or Protocols should always be
referred to when information on any particular point is required,
the following is a brief summary of the main points to give you
an understanding of the rights and duties they involve. For ease
of reference, the relevant Articles are listed at the back of this
pamphlet and reference numbers are given after each point.

8 The Geneva Conventions and the Red Cross


Part 2
Summary of Conventions

▶ The original
document of the first
Geneva Convention
from 1864
© Kevin Quinn/Flickr
General rules
There are a number of general rules for the protection of victims
of international conflict – wounded, sick, shipwrecked or captured
members of the armed forces, or enemy civilians. No one may
renounce, or be forced to renounce, the protection accorded him by
the Conventions or Protocols. Anyone breaking, or ordering someone
else to break, the rules of the Conventions or Protocols is guilty of an
offence and must be tried and punished. A breach or alleged breach
of the Conventions or Protocols by one party to an armed conflict
does not justify a corresponding breach by another party: the rules
are not reciprocal. In certain circumstances the general rules listed
below are also applicable in civil wars and internal conflicts.

All protected persons MUST be:

> treated humanely


> collected and cared for if sick or wounded
> allowed access to the ‘Protecting Power’ (a neutral state
responsible for safeguarding their interests) or to the ICRC or
any other qualified humanitarian agency which is performing the
function of a Protecting Power.

They must NOT be:

> attacked
> murdered
> mutilated
> tortured
> used for medical or scientific experiments
> taken hostage

10 The Geneva Conventions and the Red Cross


> humiliated or degraded
> executed without regular trial
> discriminated against because of race,
colour, religion, sex, birth or wealth
> made the victim of reprisals.

Each of the four Geneva Conventions also contains articles


covering the specific needs of the persons they protect, as shown
in the following pages. The Conventions are supplemented by the
Additional Protocols, which will also be referred to where relevant.

Protective emblems
The distinctive emblems defined in the Geneva Conventions are
the red cross or the red crescent on a white background. In order
to retain their protective status in wartime, these emblems may
not be used in either peace or war except to indicate or to protect
the medical personnel, establishments and material protected by
the Conventions. National Red Cross or Red Crescent Societies
may, in accordance with their national legislation, make use of
the emblem for their other peacetime activities, but in wartime
they may not use the emblem in such a way as to signify that
‘protection’ is conferred by it, unless specifically authorised to
do so by their governments.

An additional distinctive emblem, the red crystal, is defined in the


Third Additional Protocol. This emblem enjoys equal status with
the red cross and the red crescent.

The Geneva Conventions and the Red Cross 11


First Geneva Convention for the
Amelioration of the Condition of the
Wounded and Sick in Armed Forces
in the Field

Second Geneva Convention for the


Amelioration of the Condition of
Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea

The First and Second Conventions are similar, but the First
covers conflicts on land and the Second those at sea. The term
‘shipwreck’ also includes having to make a forced landing at sea
by or from aircraft.

They embody the main idea which led to the founding of the Red
Cross: that if a member of the armed forces is wounded or sick
and therefore in no condition to take an active part in the hostilities,
he is no longer part of the fighting force and becomes a vulnerable
person in need of protection and care.

▶ Care for wounded ▶▼ Survivors of the


enemies – the first basic Sir Galahad air attack
rule to be codified in the come ashore in life rafts,
Geneva Conventions Falklands War, 1982
© Dominic Sansoni/ICRC © Martin Cleaver/PA Photos

12 The Geneva Conventions and the Red Cross


The Geneva Conventions and the Red Cross 13
In addition to the general rules, the main points of these two
Conventions, as supplemented by the Additional Protocols, are:

> The sick, wounded and shipwrecked must be collected and


cared for adequately (1)
> Belligerents must treat members of the enemy force who are
wounded, sick or shipwrecked as they would their own (2)
> All efforts should be made to collect the dead quickly, have
death confirmed by medical examination, identify the bodies
and protect them from robbery. They should then be buried
in marked graves unless cremation is necessary for religious
or other reasons, and their belongings forwarded through the
authorised channels to their next of kin (3).

Status and protection of the medical


personnel, units and chaplains attached
to the armed forces
The personnel, buildings, vehicles and medical supplies belonging
to the military medical services, the National Red Cross/Red
Crescent or other Voluntary Aid Societies concerned with the sick
or wounded, and chaplains attached to the armed forces, shall be
respected and protected and identified by one of the distinctive
emblems defined in the Conventions or Additional Protocols.
Duly authorised civilian personnel, units and vehicles are also to
be respected and protected and similarly identified (4).

14 The Geneva Conventions and the Red Cross


Such personnel may bear arms and use them to defend
themselves and the wounded or sick (5).

Such personnel are not combatants and if captured they may


only be retained in so far as the number of prisoners of war, their
state of health and their spiritual needs require. They must be
released and repatriated as soon as possible if their help is no
longer needed (6).

Under no circumstances shall any person be punished for carrying


out medical activities compatible with medical ethics, regardless of
the person benefiting from them, or be compelled to carry out
work contrary to rules of medical ethics (7).

Civilians must be allowed to care for the wounded or sick and give
them shelter (8).

Medical equipment must not be intentionally destroyed and


medical establishments and vehicles must not be attacked,
damaged or prevented from operating even if, for the moment,
they do not contain patients (9).

There are specific rules relating to the operation of medical aircraft,


particularly in contact or similar zones (10).

The Geneva Conventions and the Red Cross 15


Third Geneva Convention
Relative to the Treatment
of Prisoners of War

The Third Convention covers members of the armed forces who


fall into enemy hands and thus become prisoners of war. They are
in the power of the enemy state, not of the individuals or troops
who have captured them.

16 The Geneva Conventions and the Red Cross


Prisoners of war MUST be:

> Treated humanely with respect for their persons and


their honour (11)
> Enabled to advise their next of kin and the Central Prisoners
of War Agency (run by the ICRC) of their capture (12)
> Allowed to correspond regularly with relatives and receive
relief parcels (12)
> Allowed to keep their clothes, feeding utensils and
personal effects (13)
> Supplied with adequate food and clothing (14)
> Provided with quarters which are not inferior to those of
their captor’s troops (14)
> Given the medical care their state of health demands (15)
> Subjected to the discipline and the military code of the capturing
state (called ‘the Detaining Power’) (16)
> Allowed to state their case before sentence if accused of
breaches of the law (17)
> Paid for work (18)
> Allowed to be attended by clergymen of their own religion (19)
> Entitled to elect a spokesman to act for them with the authorities
of the Detaining Power and with the welfare organisations
assisting them (20)
> Repatriated if certified seriously ill or wounded, although they
may not then afterwards take up active military duties (21)
> Released and repatriated without delay once hostilities cease (22).

◀ A soldier stands guard over


Iraqi prisoners of war at Camp
Bucca near Umm Qasr, Iraq
© Mark Wilson/Getty Images

The Geneva Conventions and the Red Cross 17


Prisoners of war must NOT be:

> Compelled to give any information other than their name, date of
birth, rank and service number (23)
> Deprived of their money or valuables except against receipt and
these must be handed back at the time of release (13)
> Given individual privileges other than for reasons of their health,
sex, age, military rank or professional qualifications (24)
> Held in close confinement except for breaches of the law,
although their liberty can be restricted for security reasons (25)
> Compelled to do military work, nor work which is dangerous,
unhealthy or degrading (26).

Access to the Convention


The text of the Convention must be posted up in each camp so all
prisoners know their rights and duties. When the representatives of
the Protecting Power and delegates of the ICRC visit the camps,
prisoners must be allowed to tell them, either directly or through
representatives, about their treatment and make any complaints
or requests (27).

▶ Civilians asking for


help or offering their
services to the coalition
forces in Bagdhad, Iraq
© Benoit Schaeffer/ICRC

18 The Geneva Conventions and the Red Cross


Fourth Geneva Convention
Relative to the Protection of
Civilian Persons in Time of War

The Fourth Convention covers all individuals who do not belong to


the armed forces, take no part in the hostilities and find themselves
in the hands of the enemy or an Occupying Power.

The Geneva Conventions and the Red Cross 19


Protected civilians MUST be:

> Treated humanely at all times and protected against acts or


threats of violence, insults and public curiosity (28)
> Entitled to respect for their honour, family rights, religious
convictions and practices, and their manners and customs (28)
> Specially protected, for example in safety zones, if they are
wounded, sick, aged, children under 15, expectant mothers
or mothers of children under seven (29)
> Enabled to exchange family news of a personal kind (30)
> Helped to secure news of family members dispersed by
the conflict (30)
> Allowed to practise their religion with ministers of their
own faith (31).

Civilians who are interned have the same rights as prisoners of


war. In addition they may ask to have their children interned with
them, and wherever possible families should be housed together
and provided with the facilities to continue normal family life (32).

ounded or sick civilians, civilian hospitals and staff, and civilian


W
medical transport by land, sea or air must be specially respected
and may be placed under the protection of the emblem (33).

20 The Geneva Conventions and the Red Cross


Protected civilians must NOT be:

> Discriminated against because of race, religion or


political opinion (28)
> Forced to give information (34)
> Used to shield military operations or make an area immune
from military operations (35)
> Punished for an offence they have not personally committed (36).

Women must not be indecently assaulted, raped or forced


into prostitution (28).

Civil defence

Under Additional Protocol I, specific protection is given to civil


defence personnel and equipment:

> Civil defence personnel, buildings and equipment shall be


respected and protected and identified by the distinctive emblem
of an equilateral blue triangle on an orange ground (37)
> Such personnel may bear arms and use them for the purpose of
maintaining order or to defend themselves (38).

The Geneva Conventions and the Red Cross 21


The Convention places civilians in enemy hands in two categories:

a) Protected persons in enemy territory

All persons who find themselves in enemy territory when hostilities


break out have the following rights:

> To leave the territory, unless their departure is contrary to the


national interests of the state, taking with them sufficient funds
for the journey and a reasonable amount of personal effects (39)
> To appeal, if their first application to leave is refused, and have
their case impartially reviewed (39)
> To be provided with satisfactory conditions for their journey out
of the country as regards safety, hygiene and food (40).

If they are not allowed to leave they MUST be:

> Enabled to receive any individual or collective relief sent to


them given similar medical attention to the nationals of the
state concerned (41)
> Authorised to move to the same extent as the indigenous
population if the area they live in is particularly exposed to danger (41)
> Granted the opportunity to find paid employment if they have lost
their job as a result of war, and be given support if prevented for
reasons of security from finding paid employment (42)
> Compelled to work only to the same extent as the indigenous
population, for example to ensure the feeding, sheltering, clothing,
transport and health care of the community, but nothing which is
directly related to the conduct of the military operations (43).

22 The Geneva Conventions and the Red Cross


I f civilians in enemy territory are, for security reasons, interned or
placed in assigned residence their case must be regularly reviewed
and details of their internment given to the Protecting Power (44).

b) Protected persons in occupied territories

The civilian population must be allowed to continue life as normally


as possible.

Therefore the Occupying Power MUST:

> Maintain the health, welfare and civil defence services (45)
> Ensure adequate food, clothing and medical supplies are
available. If not obtainable in the normal way, the occupying
power must allow the entry and distribution of relief
consignments under supervision of the Protecting Power, the
ICRC or another impartial body (46)
> Pay a fair price for any requisitioned goods (47)
> In general, allow public and private institutions to function
as usual (48)
> Take all necessary steps to identify children under 12, record
their parentage and ensure they are cared for and educated,
if possible by persons of their own nationality, language
and religion (49).

The Geneva Conventions and the Red Cross 23


The Occupying Power must NOT:

> Destroy any property unless absolutely necessary for


military operations (50)
> Alter the status of public officials or judges (51)
> Forcibly deport or evacuate civilians unless necessary for their
own safety or imperative military reasons or make anyone
undertake journeys or live in conditions detrimental to their
health and safety (52)
> Separate civilians from members of their own families (53)
> Compel civilians to serve in the armed forces of the occupying
power or undertake work of a military nature (54)
> Requisition civilian medical units, equipment or personnel so
long as these resources are necessary for the provision of
adequate medical services for the civilian population and for
the continuing medical care of any wounded and sick already
under treatment (55)
> Requisition civil defence buildings or materiel if this would be
harmful to the civilian population (56).

24 The Geneva Conventions and the Red Cross


Part 3
The Red Cross and
the Geneva Conventions

Red Cross medics battle


to save a young Lebanese
woman’s life after she is hit
by sniper fire
© Boris Heger/ICRC
Just as the Red Cross and the Geneva Conventions both
sprang from the same seed, so their growth has remained
connected ever since. As the arena of conflicts has widened and
methods of warfare changed, putting whole populations at risk
rather than just battalions of soldiers, so the Conventions have
been expanded to give wider protection to more categories of
vulnerable people, including civilians. This in turn has led to the
need for more Red Cross members, trained in a wider range of
skills, to provide assistance.

The International Committee


of the Red Cross
The Committee of Five, which drew up the First Convention in
1864, has continued as the International Committee of the Red
Cross (ICRC), a completely neutral independent body based in
Geneva, membership of whose governing body is still restricted to
Swiss citizens. There are two sides to the work of the Committee.
On the one hand it is constantly striving to develop, update and
publicise the Conventions – drawing up proposed new additions,
promoting the convening of diplomatic conferences and
publishing material to help spread knowledge and
understanding of the Conventions.

26 The Geneva Conventions and the Red Cross


The other side of its work is of a practical nature. Whenever a
conflict breaks out it offers to act as “an impartial and neutral
instrument of protection for the individual”. ICRC delegates assist
the authorities to protect and help non-combatant individuals as
set out in the Conventions. With local Red Cross members and
support from other National Societies they arrange for medical
care and distribution of relief supplies, but they alone undertake
sensitive tasks, such as negotiating the exchange of prisoners of
war. This is only possible through the ICRC’s reputation as a totally
neutral, independent body.

When a conflict arises between states that have signed the


Conventions and agreed they apply to the conflict in question, the
ICRC has a right to assist. Increasingly, however, conflicts arise
where there is a debate over whether or not the Conventions
should apply, or where non-state actors are involved that are
not qualified to sign the Conventions. In these cases the ICRC
offers its help ‘in the spirit of the Conventions’. This is often
accepted because of the ICRC’s reputation and the fact that
most governments or non-state actors, while they may deny
the relevance of the actual Conventions, will not care to deny
the humanitarian principles on which they are based. In all such
instances the ICRC deals directly with the parties concerned. It is,
however, one of the primary duties of National Societies to support
the International Committee in its work whenever possible.

Another important part of the ICRC’s work is the tracing service.


Records of all prisoners of war and internees, completed in
accordance with the Geneva Conventions, are sent to the Central
Tracing Agency in Geneva. These form the core of a service
operated by the ICRC and National Societies which has reunited
several hundred thousand families separated by war.

The Geneva Conventions and the Red Cross 27


The International Federation of Red Cross
and Red Crescent Societies
A National Society can only become internationally recognised if
its government has agreed to the Conventions and has passed
local legislation naming it as the only Red Cross or Red Crescent
Society in that country and recognising it as a Voluntary Aid
Society as defined in the Geneva Conventions. This implies it must
always have trained personnel ready to help the medical services
of the armed forces and care for the civilian population in times
of conflict.

The National Red Cross and Red Crescent Societies, which today
have around 100 million members around the world, grew from the
original Voluntary Aid Societies formed in accordance with the First
Convention to provide trained personnel able to help the wounded
on the battlefield.

After the First World War it was realised that the skills acquired
by these members to help the victims of conflicts could be put
to practical use during peacetime to improve health and prevent
disease, and it was to assist in this aim that the League of Red
Cross Societies was formed in 1919.

28 The Geneva Conventions and the Red Cross


In 1991, the League became the International Federation of Red
Cross and Red Crescent Societies. Within their own countries and
as members of the Federation, National Societies now provide
many important health and welfare services and work together to
give relief to victims of natural disasters when they occur.

Use of the emblems by National Societies


National Societies are permitted to use the emblems of the red
cross, crescent or crystal to indicate their personnel, buildings,
stores, transport and equipment, but may not, unless authorised,
use any emblem in its ‘protective’ sense. The difference between
the two is primarily one of size: in the ‘indicative’ use the emblem is
kept small and unobtrusive, usually accompanied by the Society’s
name or badge. When denoting ‘protection’ it is displayed as large
as possible, on roofs of buildings, on ships, on aircraft and vehicles
in such a way as to ensure the maximum visibility.

This ‘protective’ use is normally reserved for the ICRC and


governments. However, the display of the emblem by National
Societies in any way places a certain responsibility on the Societies
to act always within the spirit of the Conventions and to uphold
the humanitarian principles on which the Geneva Conventions
and the International Red Cross and Red Crescent Movement
are based.

The Geneva Conventions and the Red Cross 29


Guide to Articles

Ref no. Article Ref no. Article

1 GCI, 12, 15 11 GC III, 13


GC II, 12, 18
12 GC III, 70-77
AP I, 9-11
AP II, 7-8 13 GC III, 18
2 GCI, 12,14 14 GC III, 25-29
GC II, 12,16 15 GC III, 15, 30-31
AP I, 9-10
AP II, 7, 9 16 GC III, 82

3 GCI, 15-17 17 GC III, 96, 99, 105, 106


GC II, 18-20 18 GC III, 62
AP I, 32-33
AP II, 8 19 GC III, 33-34

4 GCI, 24-26, 35-36, 39-42 20 GC III, 78-81


GC II, 22-28, 36, 39, 41-43 21 GC III, 109-117
AP I, 12, 15, 18, 21-27
AP II, 9, 11-12 22 GC III, 118-119

5 GC I, 22 23 GC III, 17
GC II, 35 24 GC III, 16
AP I, 13, 28
25 GC III, 21-22
6 GC I, 19, 28, 30-31
26 GC III, 50
GC II, 37
27 GC III, 41, 78, 126
7 GC I, 18
GC II, 21 28 GC IV, 27
API, 17
29 GC IV, 14-17
8 AP I, 16
30 GC IV, 25
AP II, 10
31 GC IV, 38, 93
9 GC I, 19-21, 35-36
GC II, 34, 39 32 GC IV, 82
AP I, 12-13, 21-27
33 GC IV, 18, 20-22
10 AP I, 24-31 AP I, 14

30 The Geneva Conventions and the Red Cross


Ref no. Article Key

34 GC IV, 31 GC I = First Geneva Convention


GC II = Second Geneva Convention
35 GC IV, 28
GC III = Third Geneva Convention
36 GC IV, 33
GC IV = Fourth Geneva Convention
37 AP I, 62-67
AP I = First Additional Protocol
38 AP I, 65
AP II = Second Additional Protocol
39 GC IV, 35
40 GC IV, 36
41 GC IV, 38
42 GC IV, 39
43 GC IV, 40
44 GC IV, 43
45 GC IV, 56
AP I, 14-15, 63
46 GC IV, 55, 59-61
47 GC IV, 55
48 GC IV, 54, 63-64
49 GC IV, 50
50 GC IV, 53
51 GC IV, 54
52 GC IV, 49
53 GC IV, 82
54 GC IV, 51
55 AP I, 14
56 AP I, 63

The Geneva Conventions and the Red Cross 31


British Red Cross
44 Moorfields
London
EC2Y 9AL

Tel: 0844 871 1111


Fax: 020 7562 2000
redcross.org.uk

Ref No: PEP1018


Published in November 2008
The British Red Cross Society, incorporated by
Royal Charter 1908, is a charity registered in England
and Wales (220949) and Scotland (SC037738)

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