Third Geneva Convention
The Third Geneva Convention regarded the treatment of prisoners of war. It was adopted in 1929 as an extension to the rights guaranteed by the Hague Convention of 1907. It was revised in 1949, with the modified form adopted on August 12, 1949 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.
One of the more specific provisions is the exact definition of "lawful combatant", which has been subject to a number of discussions in view of a number of public military conflicts in the 2000s, including the U.S. invasions of Afghanistan and Iraq. The provision is section 4A(2), which defines a lawful combatant as:
- (a) that of being commanded by a person responsible for his subordinates;
- (b) that of having a fixed distinctive sign recognizable at a distance;
- (c) that of carrying arms openly;
- (d) that of conducting their operations in accordance with the laws and customs of war.
Because many of the people fighting do not have uniforms (and thus cannot routinely be distinguished from the civilian population, as would be required by (b) above) it is claimed that they are not entitled to the protections of the Geneva Convention as they are not "lawful combatants."
Exemptions
There exists exemptions to the Third Convention for "High Contracting Parties" to this convention. In the case of a conflict between a signatory and a non-signatory the signatory shall remain bound until such time as the non-signatory no longer acts under the strictures of the convention.
(Art 2) "...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."
Excerpts
- (Art 3): "The wounded and sick shall be collected and cared for." (this is not restricted to prisoners of war)
- (Art 13): "Prisoners of war must at all times be humanely treated."
- (Art 13): "...Prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity."
- (Art 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."
- (Art 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."
- (Art 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."
See also: Geneva Convention
External links
Referenced By
1929 | Geneva Accords on Humane Weaponry | Geneva Convention | Geneva Convention relative to the Treatment of Prisoners of War | Geneva Conventions | Geneva Protocols | Prisoner of war
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