![]() ![]() (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.Īrticle 4: Definition of protected persons Īrticle 4 defines who is protected person:.(c) outrages upon personal dignity, in particular humiliating and degrading treatment.(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.Article 3: Conflicts not of an international character Īrticle 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: non-combatants, 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: They are coming to be regarded less and less as contracts concluded on a basis of reciprocity in the national interests of the parties and more and more as a solemn affirmation of principles respected for their own sake, a series of unconditional engagements on the part of each of the Contracting Parties ' vis-à-vis ' the others. ![]() In the commentary to the article Jean Pictet writes: In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.Īlthough 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. This sets out the overall parameters for GCIV:Īrticle 2: Application of the Convention Īrticle 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. In 1993, the United Nations Security Council adopted a report from the Secretary-General and a Commission of Experts which concluded that the Geneva Conventions had passed into the body of customary international law, thus making them binding on non-signatories to the Conventions whenever they engage in armed conflicts. Until well after World War II ended in 1945, the norm of reciprocity provided a justification for conduct in armed conflict. Even an attack not aimed at civilians is prohibited when it "may be expected to cause incidental" civilian loss or damage "which would be excessive in relation to the concrete and direct military advantage anticipated." This rule is referred to by scholars as the principle of proportionality. "Incidental loss of civilian life, injury to civilians, damage to civilian objects" is also covered. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects." It prohibits and defines "Indiscriminate attacks". The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. ![]() It was adopted in August 1949, and came into force in October 1950. ![]() The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. ![]()
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