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The Fourth Geneva Convention only concerns protected civilians in occupied territory rather than the effects of hostilities, such as the strategic bombing during World War II. [4] The 1977 Additional Protocol 1 to the Geneva Conventions (AP-1) prohibits all intentional attacks on "the civilian population and civilian objects."
The Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" replaced the Hague Convention (X) of 1907. [20] It was the first Geneva Convention on the protection of the victims of maritime warfare and mimicked the structure and provisions of the First Geneva Convention. [12]
Legal definition of prisoners of war is given in the Article 4 of the 3rd Geneva Convention and apply to the following persons, who "have fallen into the power of the enemy": the regular combatants of the adversary (members of the armed forces, levée en masse, militias, members of volunteer corps, resistance movements);
The Geneva Conventions apply in wars between two or more opposing sovereign states. [4] They do not apply to civil wars between state forces, whether territorial or third state, and non-state armed groups. A state in such a conflict is legally bound only to observe Common Article 3 of the Geneva Conventions.
Article 5 creates a particularized limited process, intended to sort individuals when any doubt exists as to their status. The sole question for determination is whether the captive meets the definition of POW in Article 4 of the Prisoner of War Convention. [6] Secretary of the Navy Gordon R. England stated: [7]
The War Crimes Act of 1996 is a United States federal statute that defines a war crime to include a "grave breach of the Geneva Conventions", specifically noting that "grave breach" should have the meaning defined in any convention (related to the laws of war) to which the United States is a party.
Protocol I (also Additional Protocol I and AP I) [4] is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, including "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". [5]
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war.