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Third Geneva Convention



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Third Geneva Convention

The Third Geneva Convention (or GCIII) of 1949, one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. It replaced the Geneva Convention (1929).

Contents

General Provisions

This part sets out the overall parameters for GCIII:

  • Articles 1 and 2 cover which parties are bound by GCIII
  • Article 2 specifies when the parties are bound by GCIII
    • That any armed conflict between two or more "High Contracting Parties" is covered by GCIII;
    • That it applies to occupations of a "High Contracting Party";
    • That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...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."
  • Article 3 describes minimal protections which must be adhered to by all individuals within a signatory's territory during an armed conflict not of an international character (regardless of citizenship or lack thereof): Noncombatants, combatants 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, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Article 3's protections exist even if one is not classified as a prisoner of war. Article 3 also states that parties to the internal conflict should endeavour to bring into force, by means of special agreements, all or part of the other provisions of GCIII.
  • Article 4 defines prisoners of war to include:
    • 4.1.1 Members of the armed forces of a Party to the conflict and members of militias of such armed forces
    • 4.1.2 Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
      • that of being commanded by a person responsible for his subordinates;
      • that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
      • that of carrying arms openly;
      • that of conducting their operations in accordance with the laws and customs of war.
    • 4.1.3 Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
    • 4.1.4 Civilians who have non-combat support roles with the military and who carry a valid identity card issued by the military they support.
    • 4.1.5 Merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
    • 4.1.6 Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
    • 4.3 makes explicit that Article 33 takes precedence for the treatment of medical personnel of the enemy and chaplains of the enemy.
  • Article 5 specifies that prisoners of war (as defined in article 4) are protected from the time of their capture until their final repatriation. It also specifies that when there is any doubt whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.

The treatment of prisoners who do not fall into the categories described in Article 4 has led to the current controversy regarding the Bush Administration's interpretation of "unlawful combatants". The assumption that such a category as unlawful combatant exists is not contradicted by the findings by the International Criminal Tribunal for the Former Yugoslavia in the Celebici Judgment. The judgement quoted the 1958 ICRC commentary on the Fourth Geneva Convention: Every person in enemy hands must be either a prisoner of war and, as such, be covered by the Third Convention; or a civilian covered by the Fourth Convention. Furthermore, "There is no intermediate status; nobody in enemy hands can be outside the law,"[1] because in the opinion of the ICRC "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the detaining state for such action".[2][3]

Excerpts

All the articles listed below cover international conflicts. Internal conflicts are covered by Article 3.

  • (Article 4) "Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy"
    • "Members of the armed forces"
    • "militias...including those of organized resistance movements...having a fixed distinctive sign recognizable at a distance...conducting their operations in accordance with the laws and customs of war"
    • "Persons who accompany the armed forces"
    • "Members of crews...of the merchant marine and the crews of civil aircraft"
    • "Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war."
  • (Article 5): "Should any doubt arise whether persons, having committed a belligerent act..." is a prisoner of war "...such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal."
  • (Article 13): "Prisoners of war must at all times be humanely treated."
  • (Article 13): "...Prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity."
  • (Article 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."
  • (Article 25): "Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area."
  • (Article 27): "Clothing, underwear and footwear shall be supplied to prisoners of war"
  • (Article 33): "Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war."
  • (Article 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."
  • (Article 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."
  • (Article 60): "The Detaining Power shall grant all prisoners of war a monthly advance of pay..."
  • (Article 69): "Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures."
  • (Article 72): "Prisoners of war shall be allowed to receive ... books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities."
  • (Article 88): "Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank."
  • (Article 89): Provides for fines, discontinuance of privileges above those required by the Convention, fatigue duties up to two hours per day and confinement. "In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war."
  • (Geneva Gas Protocol) "The use of asphyxiating, poisonous, or other gases has been justly condemned by the general opinion of the civilized world. . . [Signatory countries] accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of warfare, and agree to be bound as between themselves according to the terms of this declaration."

See also

  • Command responsibility
  • First Geneva Convention of 1864 on the treatment of battlefield casualties
  • Second Geneva Convention of 1906 extending the first convention to war at sea
  • Fourth Geneva Convention of 1949 on the treatment of civilians during wartime
  • list of countries that signed
  • Protocol I, 1977 Geneva Convention amendment about the protection of victims in international conflicts
  • Protocol II, 1977 Geneva Convention amendment about the protection of victims in non-international armed conflicts
  • Protocol III, 2005 Geneva Convention amendment about the adoption of the Red Crystal emblem
  • Unlawful combatant
  • War crime

Further reading

  • ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War
  • List of countries that have ratified the Third Geneva Convention
 
This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Third_Geneva_Convention". A list of authors is available in Wikipedia.
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