Geneva Convention
Introduction
The human rights and dignities of all people must be respected at all times. In all instances, everything should be done to combat discrimination, suffering, sickness, wounds, captivity and other sorts of problems found to infringe human dignity. It is through this that in 1864, all governments were invited to send some peace diplomatic and other representatives in Switzerland to lay a foundation on a signed treaty to ensure in future human rights are respected. In the process, the 12 European nations signed the Geneva treaty. Essentially, the Geneva Convention constitutes of do’s’ and don’ts’ that must be observed in times of conflicts to protect defenseless and vulnerable individuals. The underlying principle of the convention is that, human rights are paramount even in time of conflict (Dunant, 28). Moreover, the treaty which approves Red Cross emblem as one of its signs stated that all medical personnel, ambulances and hospitals identified to help in war will not be attacked. This was because the treaty emphasized on those soldiers wounded in war. However, later the convection has expanded to include other types of conflicts.
In this research paper, the Geneva convection is extensively addressed by looking into the significance behind it, nature, outcome on application and some of the problems facing its implementation in some regions.
Homework help – Discussion
History of the Convections Held
The first Geneva Convention was held in 1864 underscored amelioration of the sick and wounded armed forces on land. In this convection 12 countries from Europe participated in the process of drafting the Geneva convection. They agreed that in future all the wounded military personnel in battle field must be cared for. In the process, Red Cross was assigned the task to take care on them. The hospitals, ambulances and other medical personnel found to save lives in battle field should be protected and not attacked. Moreover, they should be allowed to carry the wounded and save lives. However, it was found that the convection excluded the soldiers wounded in the sea and prisoners of wars. This led to convening of the member states in 1906 to revise the treaty (Bennet, 25).
The second one, in 1906, was similar to that of 1864 except that, it was concerned with the sick and wounded armed forces in the sea. In this convection, the member states agreed that the wounded, sick or shipwrecked based members of the armed or defense forces and especially in the sea should be taken care of. This meant that any person injured in the war is no longer an enemy but a vulnerable person who should not be attacked. Moreover, the revision on the first convection saw a rule calling all belligerents treat their enemy assets as theirs and therefore it is illegal to destroy them. The enemies should ensure the wounded or sick soldiers under siege are provided with adequate medical services and food. However, it was noted that the second Geneva convection do not put the armed forces under enemies hand into consideration and in 1929,the member states assembled to make changes.
The third one was held in 1929 and gives regulation on how armed forces who fall into the hands of their enemies should be treated. In this Geneva convection, it was agreed that all captured soldiers who fall under enemies’ hands do not pose threats and therefore the enemies should treat feed and care them as much as possible. Moreover, it was noted after Second World War that civilians was not considered in the convection and all states unanimously agreed to include the civilians.
The fourth one; 1949 Convention provided protection regulation for all civilians. Civilian refer to that person who is not armed and do not take part in the war or hostility by leaking information or making any supply of weapon and food. The people only end up finding themselves in the enemy land and therefore prone to attacks. Under the 1949 Geneva convection, the civilians are required to be treated in a human way at all time and therefore should not be subjected to any threat or violence. They should be respected in all manners, protected, not insulted and all their religious cultural and family rights followed to the letter. Moreover, they should not be used as a shield for any military based operations .punished or subjected to offences and sentences whatsoever (Dunant 18).
Most Significant Convention
The 1949 Convention held after the Second World War is perceived to be most significance because, it gives regulations on how all civilians from different countries should be protected during the conflicts. This convection include all other earlier drafted agreements and now it has captured adequately all civilian rights found to suffer greatly in time of war. The convection states clearly that all civilians should not be subjected to violence, discriminations such as race, religious and political based opinions that tries to force them to provide some information.
Member States of Geneva Convention
In 1896, only 12 European states participated in signing the Geneva Convention. However, there were further endorsements by nations even after the 4thConvention.In the process, more than 100 endorsements by nations in 1950s and 60s and especially from Africa and Asia (Durham 19). Any nation that signed the pledge to treat prisoners of war and civilians during conflicts is termed as a member state. More ratification took place in 1990s, following disintegration of the USSR.
The Need for Convention
There are several needs that prompted different states to form and join the Geneva convections especially from the lessons learned from the First and Second World Wars. There were many captives during the First and the Second World Wars from different European nations. Secondly, there was brutal treatment of the captives after First World War and therefore the states saw life is important and it can only be done through Geneva Convection (Focarelii 10). Lastly, the Second World War was found to be the most dreaded war from the perspective of civilian casualties who lost a lot of lives. This has recently been found to help in protecting the captives in war ton regions such as Middle East.
Human Rights violations
During the World Wars, human rights were highly violated as a result of; lack of democracy, lack of freedom of the press or speech, ruthlessness and brutality, nationalism hatred of communism, discrimination of prisoners e.g. American prisoners captured by Germans were often treated better than those of the USSR during the World War II. The Geneva convection was found to be less effective at such times but now it has been refurbished to ensure that all sick and wounded armed forces, civilians and captives rights are fully respected. For that reasons, several proposals have been made and effected on the convection has stated below (Fischer, 36).
Proposals Made on Geneva Convention
In the process of ensuring that all nations who are Geneva convection members adhere to the rules and regulations on human rights; several proposals relating were highlighted. The proposals tackled all the concerns over widespread cruelty on men and civilians across the nations. Secondly, the countries started exploring means to maintain human dignity. Lastly, this proposals led to this led to more Geneva Convention changes on the nations swore to protect the captured armed forces, the rights of defenseless civilians should not be compromised and lastly, ensure equality in people’s treatment.
Operation of the Geneva Convention Principles
There are several convection based principles that all member states to the treaty should comply with. All Member nations to the agreement have must observe all the promises and regulation laid town in the convection. There are some exceptions that result in non-compliance; for instance; Involvements in wars that do not have boundaries, wars that do not have any specific timeline. However, the countries that are engaged in the war must be adequately respect the human rights and therefore protect all sorts of human based infliction. They should ensure the sick, wounded armed forces and civilians are keenly fed and provided with all medical services.
Challenges Faced within the Geneva Convention
There are several challenges that are fund to hinder successful implementation of the Geneva Convention. They include; existence of wars without boundaries has led to many civilian casualties in the Middle East (Bennet 25), obligation to observe the statues of Geneva Convention is limited to the nations that have signed the agreement. Presence of some organizations such as Al Qaeda violate the principles of Geneva Convention because they do not believe in democracy (Fischer 26).Moreover, the terror suspects such as those from Al Qaeda also benefit from the Convention’s principles. Lastly we have the recent conflicts; member nations of the treaty are finding it difficult to comply and are embarking on hostilities. United Nations Organization was formed to aid in enforcement of principles of Geneva Convention.
Conclusion
In summary form, the need to ensure that human rights are observed has been enshrined in nations’ constitutions. The Geneva Conventions gave a strong foundation for such rights and has gone a long way to ensure the safety of armed forces officers as well as the civilians. To ensure increased compliance, though, there is a need to make some revision to address the lapses that may help deal with terrorist organizations such as Al Qaeda.
Works Cited
Bennet, A. The Geneva Convention: The Hidden Origins of the Red Cross. London: Sutton Publishing Ltd, 2005. Print
Dunant, H. Geneva Convention. New York: MacMay, 2008. Print
Durham, H. The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague: Nijhoff, 1999. Print
Focarelii, C. “Common Article 1 of the1949 Geneva Conventions: A Soap Bubble?” The European Journal of International Law 21.1 (2010): 136. Print
Fischer, M. “Applicability of the Geneva Conventions to ‘Armed Conflict’ in the War on Terror.”Fordham International Law Journal. 30.3 (2006): 510. Print
