The Geneva Conventions are the primary legal documents of International Humanitarian Law (IHL) which encompasses humanitarian principles and international treaties that seek to save lives and alleviate suffering of both combatants and noncombatants during armed conflicts. The International Committee of the Red Cross is the principal humanitarian organization named in all four 1949 Geneva Conventions for carrying out many of the relief activities for victims of armed conflicts. The primary body of laws expressing the rights and protections of prisoners of war (POWs) are contained in the Third Geneva Convention.
Development of the Geneva Conventions and
the International Red Cross Movement
The development of IHL coincides with the creation of the International Red Cross Movement in Switzerland in the middle of the 19th Century. A Swiss businessman, Henri Dunant, witnessed the aftermath of a bloody battle in 1859 between French and Austrian armies near the northern Italian town of Solferino. With thousands of wounded and dying men left on the battlefield without medical care, Dunant enlisted nearby residents to render what relief they could. Deeply moved by this experience, Dunant wrote a book, A Memory of Solferino, that described what he had witnessed and called for the establishment of civilian volunteer relief corps to care for the wounded in battle. In 1863, the Geneva Society for Public Welfare took up his cause and created a committee of five, including Dunant, which became known as the International Committee of the Red Cross. In 1864, this committee brought together the representatives of 16 European states who adopted the first Geneva Convention, a treaty designed to save lives and alleviate the suffering of wounded and sick military personnel. The conference also formerly established the red cross on a white field (the reverse of the Swiss flag) as the protective emblem for those serving the wounded.
Revisions to the Geneva Convention and expansion of its scope occurred in later years. In 1899, the principles of the 1864 Geneva Convention were extended to those affected by warfare at sea through a convention adopted at the Hague in the Netherlands. In 1929, the original convention for wounded and sick soldiers was replaced with an updated treaty and a second was introduced dealing exclusively with the treatment of POWs. Further revision occurred in 1949 which resulted in the four separate conventions that remain in effect today. The First Convention contains laws pertaining to the care and protection of the wounded and sick on the battlefield. The Second Convention applies to those wounded, sick, and shipwrecked at sea. As noted, the Third pertains to POWs. The Fourth Convention deals with the protection of civilians in the time of war.
In 1977, two Protocols were added to the Conventions. Along with other new rules, Protocol I expands the protection for the civilian population and military and civilian medical workers in international armed conflicts. Protocol II extends similar protections during non-international armed conflicts. (The United States is a signatory to the four Geneva Conventions and has ratified them. While it believes generally in the additional protections called for in the Protocols, some concerns about these instruments have kept it from ratifying them. See below for a link to the full texts of the Geneva Conventions and Protocols.)
The Third Convention and Rights of Prisoners of War
The Third Convention applies to all prisoners of war including members of the armed forces, civilians accompanying them, and volunteer militia, including resistance movements that conform to certain rules. The Convention applies during armed conflict between nations and during conflicts within nations under certain conditions. The Convention contains six parts which set forth the responsibilities of captors (called "Detaining Powers"), prisoners themselves, other parties to the conflict, neutral countries, and humanitarian organizations, such as the International Committee of the Red Cross.
- Part I: "General Provisions." Common to all four conventions, this first part states general principles of the conventions and provides definitions of general terms.
- Part II: "General Protection of Prisoners of War." This part contains brief statements outlining the broad responsibilities of captors to treat prisoners with dignity and with respect for their rights.
- Part III: "Captivity." This is by far the largest part of the convention, consisting of 91 articles. It sets forth in detail the responsibilities of Detaining Powers, prisoners, neutral powers, and other parties to a conflict. In six separate sections it covers the appropriate procedures for the initial stages of captivity and over the course of internment, the extent and nature of permitted prisoner of war labor, prisoner finances, rights of prisoners to communicate with the outside world, and relations between prisoners and prison authorities.
- Part IV: "Termination of Captivity." This part covers the release and repatriation of prisoners.
- Part V: "Information Bureaus and Relief Societies for Prisoners of War." This covers the proper flow of information about prisoners among warring parties and to their families.
- Part VI: "Execution of the Convention." This part covers such matters as dissemination of the conventions in camps in prisoners' native languages and acceptance of rejection of terms of the conventions by warring parties.
The Role of the Red Cross
Although governments are responsible for enforcing the Geneva Conventions, the International Committee of the Red Cross is given both specific functions and general areas in which it may be called upon to provide service. This is due to the fact that it is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and to provide them with assistance.
The ICRC's primary responsibility with regard to prisoners of war is to make visits to prison camps, assess conditions there, call for improvements where necessary, and make reports to prison authorities of their findings. The ICRC may provide forms of direct assistance, such as repair water and sanitation facilities, exchange Red Cross messages between prisoners and family members, and provide basic medical and hygienic supplies and comfort items. The ICRC directs and coordinates these activities from its headquarters in Geneva, Switzerland, and they are carried out by international delegates working in the field.
While it alone is delegated by the Geneva Conventions to perform these functions, the ICRC is sometimes assisted by individual national societies of the Red Cross and Red Crescent. This assistance typically takes one of several forms:
- channeling needed goods and monetary contributions to the ICRC in furtherance of its work
- providing medical and relief workers to the ICRC
- finding prisoners of war and civilians, reestablishing family communication, and when possible, reuniting relatives.
An additional responsibility of national societies is to educate their citizens about the principles of International Humanitarian Law and to promote adherence to them.
Sources of Additional Information
Books about the International Red Cross Movement
J. Henry Dunant, A Memory of Solferino. Washington, D.C.: The American National Red Cross, 1939. The book that gave rise to the International Red Cross Movement. Available online and in hardcopy from the International Committee of the Red Cross (see Publications section of the ICRC website at the address given below).
Caroline Moorehead, Dunant's Dream: War, Switzerland and the History of the Red Cross. London: Harper Collins, 1998. Excellent coverage of the foundation and workings of the International Red Cross Movement.
Books about the American Red Cross
Foster Rhea Dulles, The American Red Cross. New York: Harper and Brothers, 1950. A general history of the ARC from its beginnings to mid-point in the last century. Out of print but available in some libraries.
Patrick F. Gilbo, The American Red Cross: The First Century. New York: Harper and Row, 1981. An illustrated history of the organization's first century, 1881-1981. Out of print but available in some libraries.
Links to electronic sources
The International Committee of the Red Cross: http://www.icrc.org/
Full texts of the Geneva Conventions: http://www.icrc.org/ihl.nsf/WebCONVFULL
Facts on International Humanitarian Law: http://www.redcross.org/services/intl/ihl.html
National and international organizations of the International Red Cross Movement and its Fundamental Principles: http://www.redcross.org/museum/organizations.html
American Red Cross Congressional Charter: http://www.redcross.org/museum/charters.html
Humanitarian activities of American Red Cross International Services: http://www.redcross.org/services/intl/
American Red Cross Study Guide on International Humanitarian Law and the Geneva Conventions: http://www.redcross.org/museum/images/IHLAct4.pdf
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