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Encyclopedia > Third Geneva Convention
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. It replaced the Geneva Convention (1929). Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Development of the Geneva Conventions from 1864 to 1949. ... 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. ... The Geneva Convention (1929) was signed at Geneva, July 27, 1929. ...

Contents

General Provisions

This part sets out the overall parameters for GCIII:

  • Articles 1 and 2 cover which parties are bound by GCIII
  • Article 2 specifies when the parties are bound by GCIII
    • That any armed conflict between two or more "High Contracting Parties" is covered by GCIII;
    • That it applies to occupations of a "High Contracting Party";
    • That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof."
  • Article 3 describes minimal protections which must be adhered to by all individuals within a signatory's territory during an armed conflict not of an international character (regardless of citizenship or lack thereof): Noncombatants, combatants 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, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Article 3's protections exist even if one is not classified as a prisoner of war. Article 3 also states that parties to the internal conflict should endeavour to bring into force, by means of special agreements, all or part of the other provisions of GCIII.
  • Article 4 defines prisoners of war to include:
    • 4.1.1 Members of the armed forces of a Party to the conflict and members of militias of such armed forces
    • 4.1.2 Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
      • that of being commanded by a person responsible for his subordinates;
      • that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
      • that of carrying arms openly;
      • that of conducting their operations in accordance with the laws and customs of war.
    • 4.1.3 Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
    • 4.1.4 Civilians who have non-combat support roles with the military and who carry a valid identity card issued by the military they support.
    • 4.1.5 Merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
    • 4.1.6 Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
    • 4.3 makes explicit that Article 33 takes precedence for the treatment of medical personnel of the enemy and chaplains of the enemy.
  • Article 5 specifies that prisoners of war (as defined in article 4) are protected from the time of their capture until their final repatriation. It also specifies that when there is any doubt as to whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.

The treatment of prisoners who do not fall into the categories described in Article 4 has led to the current controversy regarding the Bush Administration's interpretation of "unlawful combatants". The phrase "unlawful combatants", although not appearing in the Convention itself, has been used since at least the 1940s to describe prisoners not subject to the protections of the Convention. Lexington Minuteman representing militia minuteman John Parker Militia is the activity of one or more citizens organized to provide defense or paramilitary service, or those engaged in such activity. ... A military volunteer is a person who enlists in military service by free will, and is not a mercenary or a foreign legionaire. ... Protocol I: Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. ... The country, state, government, or any other jurisdiction which detains, holds, or incarcerates those who are alleged to have commited an offence against this jurisidction or others (which for whatever reason have not been or will be proven not to be fit to process the detainees in question) is known... Belligerent military occupation occurs when one nations military occupies all or part of the territory of another nation or recognized belligerent. ... The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes people denied the protection of the Geneva Conventions; those to whom protection is recognised as due are referred to as lawful combatants. ... This article or section does not adequately cite its references or sources. ...


Excerpts

All the articles listed below cover international conflicts. Internal conflicts are covered by Article 3.

  • (Article 4) "Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy"
    • "Members of the armed forces"
    • "militias...including those of organized resistance movements...having a fixed distinctive sign recognizable at a distance...conducting their operations in accordance with the laws and customs of war"
    • "Persons who accompany the armed forces"
    • "Members of crews...of the merchant marine and the crews of civil aircraft"
    • "Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war."
  • (Article 5): "Should any doubt arise as to whether persons, having committed a belligerent act..." is a prisoner of war "...such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal."
  • (Article 13): "Prisoners of war must at all times be humanely treated."
  • (Article 13): "...Prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity."
  • (Article 17): "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind."
  • (Article 25): "Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area."
  • (Article 27): "Clothing, underwear and footwear shall be supplied to prisoners of war"
  • (Article 33): "Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war."
  • (Article 39): "Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces."
  • (Article 42): "The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances."
  • (Article 60): "The Detaining Power shall grant all prisoners of war a monthly advance of pay..."
  • (Article 69): "Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures."
  • (Article 72): "Prisoners of war shall be allowed to receive ... books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities."
  • (Article 88): "Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank."
  • (Article 89): Provides for fines, discontinuance of privileges above those required by the Convention, fatigue duties up to two hours per day and confinement. "In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war."
  • (Geneva Gas Protocol) "The use of asphyxiating, poisonous, or other gases has been justly condemned by the general opinion of the civilized world. . . [Signatory countries] accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of warfare, and agree to be bound as between themselves according to the terms of this declaration."

Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... A salute is a gesture or other action used to display respect. ... The country, state, government, or any other jurisdiction which detains, holds, or incarcerates those who are alleged to have commited an offence against this jurisidction or others (which for whatever reason have not been or will be proven not to be fit to process the detainees in question) is known... In diplomatic usage, the term protecting power refers to a relationship that may occur when two countries do not have diplomatic relations. ...

See also

Peace Palace in The Hague Command responsibility, sometimes referred to as the Yamashita standard, or the Medina standard is the doctrine of hierarchical accountability in cases of war crimes. ... 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. ... Battlefield may refer to: the location of a battle, the Battlefield televised documentary series, shown on the Discovery Channel, which explores battles of World War 2, the Battlefield Vietnam televised documentary series, shown on the Military Channel, which gives detail explanations of Vietnam War, (1945-1975), battles. ... 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: Fourth Geneva Convention The Fourth Geneva Convention (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. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... In times of armed conflict a civilian is any person who is not a combatant. ... Protocol I: Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. ... For the album by Ash, see 1977 (album). ... Protocol II: Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. ... For the album by Ash, see 1977 (album). ... It has been suggested that this article or section be merged with Red Crystal (symbol). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... It has been suggested that this article or section be merged into Emblems of the Red Cross. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes people denied the protection of the Geneva Conventions; those to whom protection is recognised as due are referred to as lawful combatants. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...

Further reading

  • ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War
  • List of countries that have ratified the Third Geneva Convention

  Results from FactBites:
 
Fourth Geneva Convention - Wikipedia, the free encyclopedia (938 words)
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 more common 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.
Third Geneva Convention - Wikipedia, the free encyclopedia (1522 words)
It was revised in 1949, with the modified form adopted on August 12 of that year by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from April 21 to August 12, 1949, and entered into force on October 21, 1950.
Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field.
Convention relative to the Treatment of Prisoners of War.
  More results at FactBites »

 
 

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