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Encyclopedia > Fourth Geneva Convention
Wikisource has original text related to this article:
Fourth Geneva Convention

The Fourth Geneva Convention (or GCIV) relates to the protection of civilians during times of war "in the hands" of an enemy and under any occupation by a foreign power. This should not be confused with the better known Third Geneva Convention, which deals with the treatment of prisoners of war. The convention was published on August 12, 1949, at the end of a conference held in Geneva from April 21 to August 12, 1949. The convention entered into force on October 21, 1950. Image File history File links Wikisource-logo. ... The original Wikisource logo. ... In times of armed conflict a civilian is any person who is not a combatant. ... For other uses, see War (disambiguation). ... Wikisource has original text related to this article: Third Geneva Convention The Third Geneva Convention (or GCIII) of 1949, one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ... is the 224th day of the year (225th in leap years) in the Gregorian calendar. ... Geneva (pronunciation //; French: Genève //, German:   //, Italian: Ginevra //, Romansh: Genevra) is the second most populous city in Switzerland (after Zürich), and is the most populous city of Romandy (the French-speaking part of Switzerland). ... is the 111th day of the year (112th in leap years) in the Gregorian calendar. ... is the 224th day of the year (225th in leap years) in the Gregorian calendar. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... is the 294th day of the year (295th in leap years) in the Gregorian calendar. ... Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ...


As of 27 June 2006, when Nauru adopted the convention, it has been ratified by 194 countries. is the 178th day of the year (179th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ...

Contents

Part I. General Provisions

This sets out the overall parameters for GCIV:

  • Article 2 states that signatories are bound by the convention both in war, armed conflicts where war has not been declared and in an occupation of another country's territory.
  • Article 3 states that even where there is not a conflict of international character the parties must as a minimum adhere to minimal protections described as: noncombatants, members of armed forces who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, with the following prohibitions:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

  • Article 4 defines who is a Protected person Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. But it explicitly excludes Nationals of a State which is not bound by the Convention and the citizens of a neutral state or an allied state if that state has normal diplomatic relations with in the State in whose hands they are.
  • A number of articles specify how Protecting Powers, ICRC and other humanitarian organizations may aid Protected persons.

Protected person is the most important definition in this section because many of the articles in the rest of GCIV only apply to Protected persons. The International Committee of the Red Cross (ICRC) is historically a committee of Swiss nationals, although non-Swiss nationals have recently been allowed (the committee appoints new members to itself to replace those who resign or die) which leads the international Red Cross movement (often simply known after its symbol...


Article 5 is currently one of the most controversial articles of GCIV, because it forms, (along with Article 5 of the GCIII and parts of GCIV Article 4,) the American Administration's interpretation of unlawful combatants. Wikisource has original text related to this article: Third Geneva Convention The Third Geneva Convention (or GCIII) of 1949, one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes a person denied the privileges of prisoner of war (POW) designation, in accordance with the Geneva Conventions; one to whom protection is recognised as due is a lawful or privileged combatant. ...


Part II. General Protection of Populations Against Certain Consequences of War

Article 13. The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.


Part III. Status and Treatment of Protected Persons

Section I. Provisions common to the territories of the parties to the conflict and to occupied territories

Article 32. A protected person/s shall not have anything done to them of such a character as to cause physical suffering or extermination ... the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment' While popular debate remains on what constitutes a legal definition of torture (see discussion on the Torture page), the ban on corporal punishment simplifies the matter; even the most mundane physical abuse is thereby forbidden by Article 32, as a precaution against alternate definitions of torture. For other uses, see Torture (disambiguation). ... Corporal punishment is the deliberate infliction of pain intended to change a persons behavior or to punish them. ...


The prohibition on scientific experiments was added, in part, in response to experiments by German and Japanese doctors during World War II, of whom Josef Mengele was the most infamous. Mengele in uniform Dr. Josef Mengele (March 16, 1911– February 7, 1979), was a German SS officer and a physician in the German Nazi concentration camp Auschwitz-Birkenau. ...


Article 33. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.


Under the 1949 Geneva Conventions collective punishments are a war crime. Article 33 states: "No protected person may be punished for an offense he or she has not personally committed," and "collective penalties and likewise all measures of intimidation or of terrorism are prohibited." Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... Collective punishment is the punishment of a group of people as a result of the behavior of one or more other individuals or groups. ...


By collective punishment, the drafters of the Geneva Conventions had in mind the reprisal killings of World Wars I and II. In the First World War, Germans executed Belgian villagers in mass retribution for resistance activity. In World War II, Nazis carried out a form of collective punishment to suppress resistance. Entire villages or towns or districts were held responsible for any resistance activity that took place there. The conventions, to counter this, reiterated the principle of individual responsibility. The International Committee of the Red Cross (ICRC) Commentary to the conventions states that parties to a conflict often would resort to "intimidatory measures to terrorize the population" in hopes of preventing hostile acts, but such practices "strike at guilty and innocent alike. They are opposed to all principles based on humanity and justice." “The Great War ” redirects here. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism or National Socialism (German: Nationalsozialismus), refers primarily to the ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... The International Committee of the Red Cross (ICRC) is a private humanitarian institution based in Geneva, Switzerland. ...

Additional Protocol II of 1977 explicitly forbids collective punishment. But as fewer states have ratified this protocol than GCIV, GCIV Article 33. is the one more commonly quoted.

Article 49. The second paragraph of Article 49 provides that persons displaced during armed conflict must be transferred back to their homes as soon as hostilities in the area in question have ceased. This right of displaced persons is often referred to as the "right of return" and has been reaffirmed in later international treaties and conventions. State Practice also establishes this rule as a norm of customary international law, according to the International Committee of the Red Cross. Also: 1977 (album) by Ash. ...


See also

Wikisource has original text related to this article: First Geneva Convention The First Geneva Convention is one of several Geneva Conventions. ... 1864 (MDCCCLXIV) was a leap year starting on Friday (see link for calendar) of the Gregorian calendar or a leap year starting on Sunday of the 12-day-slower Julian calendar. ... For other uses, see Battle (disambiguation). ... Wikisource has original text related to this article: Second Geneva Convention The Second Geneva Convention of 1906, Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Geneva, 6 July 1906) extended the principles from the First Geneva Convention of 1864 on... 1906 (MCMVI) was a common year starting on Monday (see link for calendar). ... Wikisource has original text related to this article: Third Geneva Convention The Third Geneva Convention (or GCIII) of 1949, one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. ... Year 1929 (MCMXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar. ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ... Protocol I: Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. ... Also: 1977 (album) by Ash. ... Protocol II: Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. ... Also: 1977 (album) by Ash. ... It has been suggested that this article or section be merged with Red Crystal (symbol). ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... It has been suggested that this article or section be merged into Emblems of the Red Cross. ... In warfare, a reprisal is a limited and deliberate violation of the laws of war to punish an enemy for breaking the laws of war. ... // FR. CHICO MONTEIRO (1918-1990) Sanctity assures every soul the right of citizenship in God’s Celestial Kingdom, and no earthly being has the moral authority to overturn this intrinsic right. ...

External links

  • Committee of the Red Cross: Full text of the Fourth Geneva Convention of 1949, with commentaries
  • List of countries that have ratified the Fourth Geneva Convention

  Results from FactBites:
 
Geneva Conventions - Wikipedia, the free encyclopedia (579 words)
The conventions were the results of efforts by Henri Dunant, who was motivated by the horrors of war he witnessed at the Battle of Solferino.
Accusations of violation of the Geneva Conventions on the part of signatory nations are brought before the International Court of Justice at the Hague.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions; the whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions".
The Fourth Geneva Convention (409 words)
The Fourth Geneva Convention on Rules of War was adopted in 1949 by the international community in response to Nazi atrocities during World War II.
Israel rejects the interpretation of the Fourth Geneva Convention applying it to Israeli settlements in the West Bank and Gaza Strip, stating that those territories were captured in 1967 as a result of a defensive war against countries which had illegally occupied them since 1948.
Switzerland is the Depository for the Fourth Geneva Convention.
  More results at FactBites »

 
 

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