The Fourth Geneva Convention

The Geneva Convention relative to the Protection of Civilian Persons in Time of War, also known as The Fourth Geneva Convention, was adopted in 1949. Not only it had many new points, but also points from all previous Geneva Conventions were reviewed and expanded.

The actual document consists of four parts:

Part I. General Provisions. It includes the basic things, like explanation 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. Document also demands a lawful treatment of: noncombatants, soldiers who laid down their arms, or wounded, unable to continue the fight, combatants.

Part II. General Protection of Populations Against Certain Consequences of War. Here text says about protection of civilians. Important thing is that no kind of discrimination by nationality, race, religion, or political views is appropriate.

Part III. Status and Treatment of Protected Persons. This part includes many different things about actions on occupied territories, like population transfer, care and education of children, destruction of property, medical services, etc. It also includes topic of collective punishment: Article 33. No protected person may be punished for an offense 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.

Part IV. Execution of the Convention. This part is almost the same in documents of all four conventions and it says that this part contains “the formal or diplomatic provisions which it is customary to place at the end of an international Convention to settle the procedure for bringing it into effect are grouped together under this heading”.

This time the amount of countries signed was even bigger than before, consisting of 194 countries. However, 16 countries didn’t sign it; those were Aruba, Bouvet Island, Faroe Islands, Guernsey, Heard and Mc Donald Islands, Isle of Man, Jersey, Mayotte, Norfolk Island, Northern Mariana Islands, National Authority, Reunion Island, South Georgia and South Sandwich Islands, and Tibet.

Even if the Convention included almost everything that was needed, later it was updated with 3 protocols added as amendments: Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem.

Protocol I

So, in 1977 Geneva Convention was updated with two additional protocols added as amendments. It was necessary because since 1949 worldwide weaponry and conditions have changed. Logically, it’s related to the protection of victims of international armed conflicts.

By the moment Protocol I was ratified by governments of 170 countries. The actual document consists of 102 articles. Mostly it just rephrases statements from original Geneva Conventions, but it also includes many new interesting things:

Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food, water, and other materials needed for survival. Indiscriminate attacks include directly attacking civilian (non-military) targets, but also using technology such as biological weapons, nuclear weapons and land mines, whose scope of destruction cannot be limited. A total war that does not distinguish between civilian and military targets is considered a war crime.

Articles 56 and 53 outlaw attacks on dams, dikes, nuclear generating stations, and places of worship. The first three are "works and installations containing dangerous forces" and may be attacked but only in ways that do not threaten to release the dangerous forces (i.e., it is permissible to attempt to capture them but not to try to destroy them).

Articles 76 and 77, 15 and 79 provide special protections for women, children, and civilian medical personnel, and provide measures of protection for journalists.

Article 77 forbids conscription of children under age 15 into the armed forces. It does allow, however, for persons under the age of 15 to participate voluntarily.

Articles 43 and 44 clarify the military status of members of guerrilla forces. Combatant and prisoner of war status is granted to members of dissident forces when under the command of a central authority. Such combatants cannot conceal their allegiance; they must be recognizable as combatants while preparing for or during an attack.

Article 35 bans weapons that "cause superfluous injury or unnecessary suffering," as well as means of warfare that "cause widespread, long-term, and severe damage to the natural environment."

Article 85 states that it is a war crime to use one of the protective emblems recognized by the Geneva Conventions to deceive the opposing forces (perfidy).

Articles 17 and 81 authorize the ICRC, national societies, or other impartial humanitarian organizations to provide assistance to the victims of war.