The Geneva Conventions and the Red Cross

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 1The Geneva Conventions

6 The Geneva Conventions and the Red Cross

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.

The Geneva Conventions and the Red Cross 7

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


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.

Part 2Summary 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


> 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 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.

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

▶ Care for wounded enemies – the first basic rule to be codified in the Geneva Conventions © Dominic Sansoni/ICRC

▶▼ Survivors of the Sir Galahad air attack come ashore in life rafts, Falklands War, 1982 © Martin Cleaver/PA Photos

Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea



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).


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 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.

Third Geneva Convention Relative to the Treatment of Prisoners of War


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


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


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.

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


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).

Wounded or sick civilians, civilian hospitals and staff, and civilian medical transport by land, sea or air must be specially respected and may be placed under the protection of the emblem (33).


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 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).


If 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 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).

Part 3The 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.


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 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.


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.


Guide to Articles

Ref no. Article

1 GCI, 12, 15 GC II, 12, 18 AP I, 9-11 AP II, 7-8

2 GCI, 12,14 GC II, 12,16 AP I, 9-10 AP II, 7, 9

3 GCI, 15-17 GC II, 18-20 AP I, 32-33 AP II, 8

4 GCI, 24-26, 35-36, 39-42 GC II, 22-28, 36, 39, 41-43 AP I, 12, 15, 18, 21-27 AP II, 9, 11-12

5 GC I, 22 GC II, 35 AP I, 13, 28

6 GC I, 19, 28, 30-31 GC II, 37

7 GC I, 18 GC II, 21 API, 17

8 AP I, 16 AP II, 10

9 GC I, 19-21, 35-36 GC II, 34, 39 AP I, 12-13, 21-27

10 AP I, 24-31

Ref no. Article

11 GC III, 13

12 GC III, 70-77

13 GC III, 18

14 GC III, 25-29

15 GC III, 15, 30-31

16 GC III, 82

17 GC III, 96, 99, 105, 106

18 GC III, 62

19 GC III, 33-34

20 GC III, 78-81

21 GC III, 109-117

22 GC III, 118-119

23 GC III, 17

24 GC III, 16

25 GC III, 21-22

26 GC III, 50

27 GC III, 41, 78, 126

28 GC IV, 27

29 GC IV, 14-17

30 GC IV, 25

31 GC IV, 38, 93

32 GC IV, 82

33 GC IV, 18, 20-22 AP I, 14


Ref no. Article

34 GC IV, 31

35 GC IV, 28

36 GC IV, 33

37 AP I, 62-67

38 AP I, 65

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

Key

GC I = First Geneva Convention

GC II = Second Geneva Convention

GC III = Third Geneva Convention

GC IV = Fourth Geneva Convention

AP I = First Additional Protocol

AP II = Second Additional Protocol

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

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The Geneva Conventions and the Red Cross