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Geneva Conventions

The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel, established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone.[2]

A facsimile of the signature-and-seals page of the 1864 Geneva Convention, that established humane rules of war.
The original document in single pages, 1864.[1]

The Geneva Conventions defines the rights and protections afforded to non-combatants who fulfill the criteria of being protected persons.[3] The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries.[2] The Geneva Conventions concern only protected non-combatants in war. The use of wartime conventional weapons is addressed by the Hague Conventions of 1899 and 1907 and the 1980 Convention on Certain Conventional Weapons, while the biological and chemical warfare in international armed conflicts is addressed by the 1925 Geneva Protocol.

History Edit

 
The progression of the Geneva Conventions from 1864 to 1949.
 
A Red Cross poster from the First World War.

The Swiss businessman Henry Dunant went to visit wounded soldiers after the Battle of Solferino in 1859. He was shocked by the lack of facilities, personnel, and medical aid available to help these soldiers. As a result, he published his book, A Memory of Solferino, in 1862, on the horrors of war.[4] His wartime experiences inspired Dunant to propose:

  • A permanent relief agency for humanitarian aid in times of war
  • A government treaty recognizing the neutrality of the agency and allowing it to provide aid in a war zone

The former proposal led to the establishment of the Red Cross in Geneva. The latter led to the 1864 Geneva Convention, the first codified international treaty that covered the sick and wounded soldiers on the battlefield. On 22 August 1864, the Swiss government invited the governments of all European countries, as well as the United States, Brazil, and Mexico, to attend an official diplomatic conference. Sixteen countries sent a total of twenty-six delegates to Geneva. On 22 August 1864, the conference adopted the first Geneva Convention "for the Amelioration of the Condition of the Wounded in Armies in the Field". Representatives of 12 states and kingdoms signed the convention:[5][6]

For both of these accomplishments, Henry Dunant became co recipient of the first Nobel Peace Prize in 1901.[7][8]

On 20 October 1868 the first unsuccessful attempt to expand the 1864 treaty was undertaken. With the 'Additional Articles relating to the Condition of the Wounded in War' an attempt was initiated to clarify some rules of the 1864 convention and to extend them to maritime warfare. The Articles were signed but were only ratified by the Netherlands and the United States of America.[9] The Netherlands later withdrew their ratification.[10] The protection of the victims of maritime warfare would later be realized by the third Hague Convention of 1899 and the tenth Hague Convention of 1907.[11]

In 1906 thirty-five states attended a conference convened by the Swiss government. On 6 July 1906 it resulted in the adoption of the "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field", which improved and supplemented, for the first time, the 1864 convention.[12] It remained in force until 1970 when Costa Rica acceded to the 1949 Geneva Conventions.[13]

The 1929 conference yielded two conventions that were signed on 27 July 1929. One, the "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field", was the third version to replace the original convention of 1864.[11][14] The other was adopted after experiences in World War I had shown the deficiencies in the protection of prisoners of war under the Hague Conventions of 1899 and 1907. The "Convention relative to the Treatment of Prisoners of War" was not to replace these earlier conventions signed at The Hague, rather it supplemented them.[15][16]

Inspired by the wave of humanitarian and pacifistic enthusiasm following World War II and the outrage towards the war crimes disclosed by the Nuremberg and Tokyo trials, a series of conferences were held in 1949 reaffirming, expanding and updating the prior Geneva and Hague Conventions. It yielded four distinct conventions:

  • The First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" was the fourth update of the original 1864 convention and replaced the 1929 convention on the same subject matter.[17]
  • 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.[18] 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.[11]
  • The Third Geneva Convention "relative to the Treatment of Prisoners of War" replaced the 1929 Geneva Convention that dealt with prisoners of war.[19]
  • In addition to these three conventions, the conference also added a new elaborate Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War". It was the first Geneva Convention not to deal with combatants, rather it had the protection of civilians as its subject matter. The 1899 and 1907 Hague Conventions had already contained some provisions on the protection of civilians and occupied territory. Article 154 specifically provides that the Fourth Geneva Convention is supplementary to these provisions in the Hague Conventions.[20]
 
The third protocol emblem, also known as the Red Crystal

Despite the length of these documents, they were found over time to be incomplete. The nature of armed conflicts had changed with the beginning of the Cold War era, leading many to believe that the 1949 Geneva Conventions were addressing a largely extinct reality:[21] on the one hand, most armed conflicts had become internal, or civil wars, while on the other, most wars had become increasingly asymmetric. Modern armed conflicts were inflicting an increasingly higher toll on civilians, which brought the need to provide civilian persons and objects with tangible protections in time of combat, bringing a much needed update to the Hague Conventions of 1899 and 1907.

In light of these developments, two Protocols were adopted in 1977 that extended the terms of the 1949 Conventions with additional protections. In 2005, a third brief Protocol was added establishing an additional protective sign for medical services, the Red Crystal, as an alternative to the ubiquitous Red Cross and Red Crescent emblems, for those countries that find them objectionable.

Commentaries Edit

The Geneva Conventions of 12 August 1949. Commentary (The Commentaries) is a series of four volumes of books published between 1952 and 1958 and containing commentaries to each of the four Geneva Conventions. The series was edited by Jean Pictet who was the vice-president of the International Committee of the Red Cross. The Commentaries are often relied upon to provide authoritative interpretation of the articles.[22]

Contents Edit

 
Parties to Geneva Conventions and Protocols
  Parties to GC I–IV and P I–III
  Parties to GC I–IV and P I–II
  Parties to GC I–IV and P I and III
  Parties to GC I–IV and P I
  Parties to GC I–IV and P III
  Parties to GC I–IV and no P

The Geneva Conventions are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities.

The first convention dealt with the treatment of wounded and sick armed forces in the field.[23] The second convention dealt with the sick, wounded, and shipwrecked members of armed forces at sea.[24][25] The third convention dealt with the treatment of prisoners of war during times of conflict.[26] The fourth convention dealt with the treatment of civilians and their protection during wartime.[27]

Individuals who fulfills the criteria of protected persons in international armed conflicts are protected by the 1949 conventions. Those not listed as protected persons in such conflicts are instead protected by international human rights law and general treaties concerning the legal status of aliens in belligerent nations.[3]

Conventions Edit

In international law and diplomacy the term convention refers to an international agreement, or treaty.

With two Geneva Conventions revised and adopted, and the second and fourth added, in 1949 the whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions". Usually only the Geneva Conventions of 1949 are referred to as First, Second, Third or Fourth Geneva Convention. The treaties of 1949 were ratified, in whole or with reservations, by 196 countries.[2]

Protocols Edit

The 1949 conventions have been modified with three amendment protocols:

  • Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts[36]
  • Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts[37]
  • Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem[38]

Application Edit

The Geneva Conventions apply at times of war and armed conflict to governments who have ratified its terms. The details of applicability are spelled out in Common Articles 2 and 3.

Common Article 2 relating to international armed conflict (IAC) Edit

This article states that the Geneva Conventions apply to all the cases of international armed conflict (IAC), where at least one of the warring nations has ratified the Conventions. Primarily:

  • The Conventions apply to all cases of declared war between signatory nations. This is the original sense of applicability, which predates the 1949 version.
  • The Conventions apply to all cases of armed conflict between two or more signatory nations. This language was added in 1949 to accommodate situations that have all the characteristics of war without the existence of a formal declaration of war, such as a police action.[25]
  • The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions.[25]

Article 1 of Protocol I further clarifies that armed conflict against colonial domination and foreign occupation also qualifies as an international conflict.

When the criteria of international armed conflict have been met, the full protections of the Conventions are considered to apply.

Common Article 3 relating to non-international armed conflict (NIAC) Edit

This article states that the certain minimum rules of war apply to armed conflicts "not of an international character."[39] The International Committee of the Red Cross has explained that this language describes non-international armed conflict (NIAC) "where at least one Party is not a State."[40] For example, it would apply to conflicts between state forces and non-state actors (NSAs), or between two NSAs, or to other conflicts that have all the characteristics of war, whether carried out within the confines of one country or not.[41]

There are two criteria to distinguish non-international armed conflicts from lower forms of violence. The level of violence has to be of certain intensity, for example when the state cannot contain the situation with regular police forces. Also, involved non-state groups need to have a certain level of organization, like a military command structure.[42]

The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3,[25] and additionally within the language of Protocol II. The rationale for the limitation is to avoid conflict with the rights of Sovereign States that were not part of the treaties. When the provisions of this article apply, it states that:[43]

Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

  • violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
  • taking of hostages;
  • outrages upon dignity, in particular humiliating and degrading treatment; and
  • the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
  • The wounded and sick shall be collected and cared for.

During the negotiation of the Geneva Conventions, France and Britain were initially staunchly opposed to Common Article 3. However, to save face during negotiations and make strategic concessions, France and Britain deliberately introduced ambiguous language in the text of Common Article 3 that made it easy for states to avoid the obligations of the rule.[44] As a consequence, Common Article 3 only concerns with humane treatment and does not deal with methods and means of hostilities,[45] such as bombings committed by non-state armed groups or state forces against civilian targets in the Algerian War and the Troubles.

On February 7, 2002, President Bush adopted the view that Common Article 3 did not protect al Qaeda prisoners because the United States-al Qaeda conflict was "not of an international character."[46] The Supreme Court of the United States invalidated the Bush Administration view of Common Article 3, in Hamdan v. Rumsfeld, by ruling that Common Article Three of the Geneva Conventions applies to detainees in the "War on Terror", and that the Guantanamo military commission process used to try these suspects was in violation of U.S. and international law.[47] In response to Hamdan, Congress passed the Military Commissions Act of 2006, which President Bush signed into law on October 17, 2006. Like the Military Commissions Act of 2006, its successor the Military Commissions Act of 2009 explicitly forbids the invocation of the Geneva Conventions "as a basis for a private right of action."[48]

"... Common Article 3 continues the conventional practice (reflected in both the 'Lieber' and 'The Hague' provisions) of according humanitarian protections only to 'belligerents' who defer to the laws and customs of war: not to 'insurrectionists' who defy these norms from the very outset of hostilities. Observance of the rules of warfare is what elevates an 'insurrectionist' to the legally cognizable status of 'belligerent' under the 'International law of war'; nothing short of such an 'observance' suffices to effect this transformation from the infra legal to legal."[49][self-published source]

IAC and/or NIAC classification Edit

Whether the conflict is an IAC or a NIAC or both depends on the nature and circumstances of the situation. Since there is a general prohibition against the use of force between States (as is reflected within article 2(4) of the United Nations Charter) with respect to Common Article 2, it is generally presumed that any use of such military force which is governed by international humanitarian law (IHL) is attributable to deliberate belligerent intent.[50]

Regarding Common Article 3, the ICRC in its 2016 commentary stated the provision includes not just a conflict between territorial government forces and NSAs or NSAs themselves, but also a foreign military intervention against a NSA only if the territorial state consents to such intervention in its territory. Should the intervening country do so without the consent of the territorial state or in support of a NSA against that state, then Common Article 2 applies.[50][51]

For example, the American-led intervention in the Syrian civil war became both an IAC with Syria and a NIAC with the Islamic State because the U.S. intervened in Syrian territory without the former's consent.[51] On the other hand, Russia intervened in Syrian territory against the Free Syrian Army upon invitation by Syria, making Russia's participation subject only to Common Article 3 and therefore Protocol II (which Russia ratified on September 29, 1989).[50][52]

The U.S.-led NATO invasion of Afghanistan from October 7 to December 17, 2001 was initially an IAC because it waged war against the Islamic Emirate of Afghanistan under Taliban rule. Once the new Karzai administration was established and recognized internationally, the conflict changed from an IAC to a NIAC, with NATO troops under International Security Assistance Force (ISAF) and Resolute Support Mission (RSM) auspices assisting the Islamic Republic of Afghanistan with its consent in battling Taliban insurgents.[50] In contrast, the Soviet–Afghan War was an IAC because the Soviet Union invaded the Democratic Republic of Afghanistan (DRA) to remove Afghan communist leader Hafizullah Amin from power, then installed puppet leader Babrak Karmal, who "invited" Soviet troops to intervene against the Afghan mujahideen fighters.[53]

While non-state armed groups are automatically presumed to engage in NIACs, they also can cross into the threshold of an IAC. The 2020 ICRC commentary on the Third Geneva Convention requires two elements for this classification: “the group must in fact fight on behalf of that Party” and “that Party must accept both the fighting role of the group and the fact that the fighting is done on its behalf.” It further states that “[w]here a Party to a conflict has overall control over the militia, volunteer corps or organized resistance movement that has a fighting function and fights on the State’s behalf, a relationship of belonging for the purposes of Article 4A(2)[54] exists.”[55] For example, the Viet Cong was under effective control and direction by North Vietnam during the Vietnam War, therefore Common Article 2 solely applied to the conflict.[56][57]

Enforcement Edit

Protecting powers Edit

The term protecting power has a specific meaning under these Conventions. A protecting power is a state that is not taking part in the armed conflict, but that has agreed to look after the interests of a state that is a party to the conflict. The protecting power is a mediator enabling the flow of communication between the parties to the conflict. The protecting power also monitors the implementation of these Conventions, such as by visiting the zone of conflict and prisoners of war. The protecting power must act as an advocate for prisoners, the wounded, and civilians.

Grave breaches Edit

 
The logo of International Criminal Court

Not all violations of the treaty are treated equally. The most serious crimes are termed grave breaches and provide a legal definition of a war crime. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person specifically protected by the conventions:

  • willful killing, torture or inhumane treatment, including biological experiments
  • willfully causing great suffering or serious injury to body or health
  • compelling a protected person to serve in the armed forces of a hostile power
  • willfully depriving a protected person of the right to a fair trial if accused of a war crime.

Also considered grave breaches of the Fourth Geneva Convention are the following:

Nations that are party to these treaties must enact and enforce legislation penalizing any of these crimes. Nations are also obligated to search for persons alleged to commit these crimes, or persons having ordered them to be committed, and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place.[59]

The principle of universal jurisdiction also applies to the enforcement of grave breaches when the United Nations Security Council asserts its authority and jurisdiction from the UN Charter to apply universal jurisdiction. The UNSC did this when they established the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia to investigate and/or prosecute alleged violations.

Right to a fair trial when no crime is alleged Edit

Soldiers, as prisoners of war, will not receive a trial unless the allegation of a war crime has been made. According to article 43 of the 1949 Conventions, soldiers are employed for the purpose of serving in war; engaging in armed conflict is legitimate, and does not constitute a grave breach.[60] Should a soldier be arrested by belligerent forces, they are to be considered "lawful combatants" and afforded the protectorate status of a prisoner of war (POW) until the cessation of the conflict.[61] Human rights law applies to any incarcerated individual, including the right to a fair trial.[62]

Charges may only be brought against an enemy POW after a fair trial, but the initial crime being accused must be an explicit violation of the accords, more severe than simply fighting against the captor in battle.[62] No trial will otherwise be afforded to a captured soldier, as deemed by human rights law. This element of the convention has been confused during past incidents of detainment of US soldiers by North Vietnam, where the regime attempted to try all imprisoned soldiers in court for committing grave breaches, on the incorrect assumption that their sole existence as enemies of the state violated international law.[62]

Legacy Edit

Although warfare has changed dramatically since the Geneva Conventions of 1949, they are still considered the cornerstone of contemporary international humanitarian law.[63] They protect combatants who find themselves hors de combat, and they protect civilians caught up in the zone of war. These treaties came into play for all recent non-international armed conflicts, including the War in Afghanistan,[64] the Iraq War, the invasion of Chechnya (1994–2017),[65] and the Russo-Georgian War. The Geneva Conventions also protect those affected by non-international armed conflicts such as the Syrian civil war.[dubious ]

The lines between combatants and civilians have blurred when the actors are not exclusively High Contracting Parties (HCP).[66] Since the fall of the Soviet Union, an HCP often is faced with a non-state actor,[67] as argued by General Wesley Clark in 2007.[68] Examples of such conflict include the Sri Lankan Civil War, the Sudanese Civil War, and the Colombian Armed Conflict, as well as most military engagements of the US since 2000.

Some scholars hold that Common Article 3 deals with these situations, supplemented by Protocol II (1977).[dubious ] These set out minimum legal standards that must be followed for internal conflicts. International tribunals, particularly the International Criminal Tribunal for the former Yugoslavia (ICTY), have clarified international law in this area.[69] In the 1999 Prosecutor v. Dusko Tadic judgement, the ICTY ruled that grave breaches apply not only to international conflicts, but also to internal armed conflict.[dubious ] Further, those provisions are considered customary international law.

Controversy has arisen over the US designation of irregular opponents as "unlawful enemy combatants" (see also unlawful combatant), especially in the SCOTUS judgments over the Guantanamo Bay detention camp brig facility Hamdi v. Rumsfeld, Hamdan v. Rumsfeld and Rasul v. Bush,[70] and later Boumediene v. Bush. President George W. Bush, aided by Attorneys-General John Ashcroft and Alberto Gonzales and General Keith B. Alexander, claimed the power, as Commander in Chief of the Armed Forces, to determine that any person, including an American citizen, who is suspected of being a member, agent, or associate of Al Qaeda, the Taliban, or possibly any other terrorist organization, is an "enemy combatant" who can be detained in U.S. military custody until hostilities end, pursuant to the international law of war.[71][72][73]

The application of the Geneva Conventions in the Russo-Ukrainian War (2014–present) has been troublesome[vague] because some of the personnel who engaged in combat against the Ukrainians were not identified by insignia, although they did wear military-style fatigues.[74] The types of comportment qualified as acts of perfidy under jus in bello doctrine are listed in Articles 37 through 39 of the Geneva Convention; the prohibition of fake insignia is listed at Article 39.2, but the law is silent on the complete absence of insignia. The status of POWs captured in this circumstance remains a question.

Educational institutions and organizations including Harvard University,[75][76] the International Committee of the Red Cross,[77] and the Rohr Jewish Learning Institute use the Geneva Convention as a primary text investigating torture and warfare.[78]

New challenges Edit

Artificial intelligence and autonomous weapon systems, such as military robots and cyber-weapons, are creating challenges in the creation, interpretation and application of the laws of armed conflict. The complexity of these new challenges, as well as the speed in which they are developed, complicates the application of the Conventions, which have not been updated in a long time.[79][80] Adding to this challenge is the very slow speed of the procedure of developing new treaties to deal with new forms of warfare, and determining agreed-upon interpretations to existing ones, meaning that by the time a decision can be made, armed conflict may have already evolved in a way that makes the changes obsolete.

See also Edit

References Edit

  1. ^ "The 1864 Geneva Convention - ICRC". www.icrc.org. 18 August 2013. Retrieved 25 August 2023.
  2. ^ a b c "State Parties / Signatories: Geneva Conventions of 12 August 1949". International Humanitarian Law. International Committee of the Red Cross. Retrieved 22 January 2007.
  3. ^ a b "The Practical Guide to Humanitarian Law: Protected Persons". Doctors Without Borders.
  4. ^ Dunant, Henry (December 2015). A Memory of Solferino. English version, full text online.
  5. ^ "Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Geneva, 22 August 1864". Geneva, Switzerland: International Committee of the Red Cross ICRC. Retrieved 11 June 2017.
  6. ^ Roxburgh, Ronald (1920). International Law: A Treatise. London: Longmans, Green and co. p. 707. Retrieved 14 July 2009.
  7. ^ Abrams, Irwin (2001). The Nobel Peace Prize and the Laureates: An Illustrated Biographical History, 1901–2001. US: Science History Publications. ISBN 9780881353884. Retrieved 14 July 2009.
  8. ^ The story of an idea, film on the creation of the Red Cross, Red Crescent Movement and the Geneva Conventions
  9. ^ ICRC. "Additional Articles relating to the Condition of the Wounded in War. Geneva, 20 October 1868 – State Parties". Retrieved 5 March 2017.
  10. ^ Dutch Government (20 April 1900). "Kamerstukken II 1899/00, nr. 3 (Memorie van Toelichting)" (PDF) (in Dutch). Retrieved 5 March 2017.
  11. ^ a b c Fleck, Dietrich (2013). The Handbook of International Humanitarian Law. Oxford: Oxford University Press. p. 322. ISBN 978-0-19-872928-0.
  12. ^ Fleck, Dietrich (2013). The Handbook of International Humanitarian Law. Oxford: Oxford University Press. p. 22 and 322. ISBN 978-0-19-872928-0.
  13. ^ ICRC. "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July 1906". Retrieved 5 March 2017.
  14. ^ ICRC. "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 27 July 1929". Retrieved 5 March 2017.
  15. ^ ICRC. "Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929". Retrieved 5 March 2017.
  16. ^ Fleck, Dietrich (2013). The Handbook of International Humanitarian Law. Oxford: Oxford University Press. pp. 24–25. ISBN 978-0-19-872928-0.
  17. ^ ICRC. "Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949". Retrieved 5 March 2017. The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929 [...]
  18. ^ ICRC. "Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949". Retrieved 5 March 2017. The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of October 18, 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906 [...]
  19. ^ ICRC. "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949". Retrieved 5 March 2017. The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War [...]
  20. ^ ICRC. "Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949". Retrieved 5 March 2017. In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.
  21. ^ Kolb, Robert (2009). Ius in bello. Basel: Helbing Lichtenhahn. ISBN 978-2-8027-2848-1.
  22. ^ For example by the U.S. Supreme Court, see Hamdan v. Rumsfeld, Opinion of the Court, U.S. Supreme Court, 548 U.S. ___ (2006), Slip Opinion, p. 68, available at supremecourt.gov
  23. ^ Sperry, C. (1906). "The Revision of the Geneva Convention, 1906". Proceedings of the American Political Science Association. 3: 33–57. doi:10.2307/3038537. JSTOR 3038537.
  24. ^ Yingling, Raymund (1952). "The Geneva Conventions of 1949". The American Journal of International Law. 46 (3): 393–427. doi:10.2307/2194498. JSTOR 2194498. S2CID 146828573.
  25. ^ a b c d Pictet, Jean (1958). Geneva Conventions of 12 August 1949: Commentary. International Committee of the Red Cross. Retrieved 15 July 2009.
  26. ^ (PDF). The American Journal of International Law. 47 (4): 119–177. 1953. doi:10.2307/2213912. JSTOR 2213912. S2CID 154281279. Archived from the original (PDF) on 24 February 2021.
  27. ^ Bugnion, Francios (2000). "The Geneva Conventions of 12 August 1949: From the 1949 Diplomatic Conference to the Dawn of the New Millennium". International Affairs. 76 (1): 41–51. doi:10.1111/1468-2346.00118. JSTOR 2626195. S2CID 143727870.
  28. ^ ICRC. "Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Geneva, 22 August 1864". Retrieved 5 March 2017.
  29. ^ "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July 1906". International Committee of the Red Cross. Retrieved 20 July 2013.
  30. ^ ICRC. "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 27 July 1929". Retrieved 5 March 2017.
  31. ^ ICRC. "Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949". Retrieved 5 March 2017.
  32. ^ ICRC. "Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949". Retrieved 5 March 2017.
  33. ^ ICRC. "Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929". Retrieved 5 March 2017.
  34. ^ ICRC. "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949". Retrieved 5 March 2017.
  35. ^ ICRC. "Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949". Retrieved 5 March 2017.
  36. ^ treaties.un.org: "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I)"
  37. ^ treaties.un.org: "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (Protocol II)", consulted July 2014
  38. ^ "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (Protocol III)", consulted July 2014
  39. ^ "Article 3--Conflicts Not of an International Character". icrc.org. ICRC. Retrieved 10 February 2023.
  40. ^ ICRC (2016). "2016 Commentary on the Geneva Convention". ICRC. p. 393.
  41. ^ ICRC (8 March 2016). "The Geneva Conventions of 1949 and their Additional Protocols".
  42. ^ ICRC (2008). "How is the Term "Armed Conflict" Defined in International Humanitarian Law?" (PDF). Retrieved 12 May 2018.
  43. ^ "Article 3 of Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field: Conflicts not of an international character. Geneva, 12 August 1949". International Committee of the Red Cross. Retrieved 20 January 2021.
  44. ^ Mantilla, Giovanni (2018). "Forum Isolation: Social Opprobrium and the Origins of the International Law of Internal Conflict". International Organization. 72 (2): 317–349. doi:10.1017/S0020818318000097. ISSN 0020-8183. S2CID 158769783.
  45. ^ "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.: Commentary of 2020 - C. Paragraph 1: Scope of application of common Article 3 - Introduction". International Humanitarian Datebases.
  46. ^ Bush, George. "Humane Treatment of Taliban and al Qaeda Detainees" (PDF). Retrieved 10 February 2023.
  47. ^ Michael Isikoff and Stuart Taylor Jr. (July 17, 2006), "The Gitmo Fallout: The fight over the Hamdan ruling heats up – as fears about its reach escalate". May 12, 2007, at the Wayback Machine Newsweek
  48. ^ 10 U.S.C. § 948a(e)
  49. ^ Sumanatilake, P. Saliya (2023). "Non-cognisability of Rebels, Insurrectionists, Separatists or Terrorists under International Humanitarian Law". Addressing Some Contentious Issues In Criminal Justice Administration (Kindle ed.). Atlanta (Georgia), U.S.A.: Self Published via Amazon's K.D.P. ASIN B0BVQBVRDB.
  50. ^ a b c d "Categorization of an armed conflict". United Nations Office on Drugs and Crime.
  51. ^ a b Adil Ahmad Haque (8 April 2016). "The United States is at War with Syria (according to the ICRC's New Geneva Convention Commentary)". EJIL: Talk!.
  52. ^ "Non-international armed conflicts in Syria: Classification". Rule of Law in Armed Conflicts Project.
  53. ^ W., Reisman; Silk, James (1988). "Which Law Applies to the Afghan Conflict?" (PDF). American Journal of International Law. 82 (3): 485-486. doi:10.2307/2202961. JSTOR 2202961. S2CID 143610514.
  54. ^ Third Geneva Convention, Article 4
  55. ^ Keiichiro Okimoto (26 October 2020). "The United Nations and the Third Geneva Convention". EJIL: Talk!.
  56. ^ United States Department of State. "Aggression from North Vietnam -- U.S. State Department, Feb. 27, 1965". Digital history.
  57. ^ "THE VIET CONG". Alpha History.
  58. ^ How "grave breaches" are defined in the Geneva Conventions and Additional Protocols, International Committee of the Red Cross.
  59. ^ "Practice Relating to Rule 157. Jurisdiction over War Crimes". International Committee of the Red Cross. Retrieved 30 January 2017. Article 49 of the 1949 Geneva Convention I, Article 50 of the 1949 Geneva Convention II, Article 129 of the 1949 Geneva Convention III and Article 146 of the 1949 Geneva Convention IV provide: The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed [grave breaches of the 1949 Geneva Conventions], and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
  60. ^ "Treaties, States parties, and Commentaries - Additional Protocol (I) to the Geneva Conventions, 1977 - 43 - Armed forces". ihl-databases.icrc.org. Retrieved 24 November 2020.
  61. ^ III, John B. Bellinger; Padmanabhan, Vijay M. (2011). "Detention Operations in Contemporary Conflicts: Four Challenges for The Geneva Conventions and Other Existing Law". The American Journal of International Law. 105 (2): 201–243. doi:10.5305/amerjintelaw.105.2.0201. ISSN 0002-9300. JSTOR 10.5305/amerjintelaw.105.2.0201. S2CID 229170590.
  62. ^ a b c Prisoner of war : rights & obligations under the Geneva Convention. DoD GEN35 B. American Forces Information Service, Dept. of Defense. 1987. hdl:2027/uiug.30112000632791. Retrieved 24 November 2020 – via HathiTrust.
  63. ^ "The Geneva Conventions Today". International Committee of the Red Cross. Retrieved 16 November 2009.
  64. ^ See U.S. Supreme Court decision, Hamdan v. Rumsfeld
  65. ^ Abresch, William (2005). "A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya" (PDF). European Journal of International Law. 16 (4): 741–767. doi:10.1093/ejil/chi139.
  66. ^ "Sixty years of the Geneva Conventions and the decades ahead". International Committee of the Red Cross. Retrieved 16 November 2009.
  67. ^ (PDF). Archived from the original (PDF) on 8 March 2021. Retrieved 13 July 2014.
  68. ^ Clark, Wesley K.; Raustiala, Kal (8 August 2007). "Opinion | Why Terrorists Aren't Soldiers". The New York Times. ISSN 0362-4331. Retrieved 7 June 2019.
  69. ^ "The Prosecutor v. Dusko Tadic – Case No. IT-94-1-A". International Criminal Tribunal for the Former Yugoslavia. Retrieved 16 November 2009.
  70. ^ Sliedregt, Elies van; Gill, Terry D. (19 July 2005). "Guantánamo Bay: A Reflection On The Legal Status And Rights Of 'Unlawful Enemy Combatants'". Utrecht Law Review. 1 (1): 28–54. doi:10.18352/ulr.2. ISSN 1871-515X.
  71. ^ JK Elsea: "Presidential Authority to Detain 'Enemy Combatants'" (2002) 23 November 2021 at the Wayback Machine, for Congressional Research Service
  72. ^ presidency.ucsb.edu: "Press Briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell'Orto and Army Deputy Chief of Staff for Intelligence General Keith Alexander June 22, 2004" 18 August 2018 at the Wayback Machine, consulted July 2014
  73. ^ Gonzales, Alberto R. (30 November 2001). "Martial Justice, Full and Fair". The New York Times. ISSN 0362-4331. Retrieved 7 June 2019.
  74. ^ Faith, Ryan (10 March 2014). "The Russian Soldier Captured in Crimea May Not Be Russian, a Soldier, or Captured". Vice News. Retrieved 7 June 2019.
  75. ^ "Training vs. Torture". President and Fellows of Harvard College. 6 August 2014.
  76. ^ Khouri, Rami. . Belfer Center for Science and International Affairs, Harvard University. Archived from the original on 4 March 2016. Retrieved 26 August 2009.
  77. ^ "Advanced Seminar in International Humanitarian Law for University Lecturers". International Committee of the Red Cross.
  78. ^ McManus, Shani (13 July 2015). "Responding to terror explored". South Florida Sun-Sentinel.
  79. ^ Peace and, Security (13 August 2019). "Amidst new challenges, Geneva Conventions mark 70 years of 'limiting brutality' during war". United Nations News. United Nations. Retrieved 11 September 2019.
  80. ^ Ray, Amit (4 July 2018). Compassionate Superintelligence AI 5.0: AI with Blockchain, Bmi, Drone, Iot, and Biometric Technologies. Compassionate AI Lab, Inner Light Publishers. ISBN 978-9382123446.

Further reading Edit

  • Matthew Evangelista and Nina Tannenwald (eds.). 2017. Do the Geneva Conventions Matter? Oxford University Press.
  • Giovanni Mantilla, "Conforming Instrumentalists: Why the USA and the United Kingdom Joined the 1949 Geneva Conventions," European Journal of International Law, Volume 28, Issue 2, May 2017, Pages 483–511.
  • Helen Kinsella, "The image before the weapon : a critical history of the distinction between combatant and civilian" Cornell University Press.
  • Boyd van Dijk (2022). Preparing for War: The Making of the Geneva Conventions. Oxford University Press.

External links Edit

  •   The Geneva Conventions of 12 August 1949 public domain audiobook at LibriVox
  • Texts and commentaries of 1949 Conventions & Additional Protocols
  • The Geneva Conventions: the core of international humanitarian law, ICRC
  • Rules of war (in a nutshell)—video
  • Commentaries:
    • GCI: Commentary
    • GCII: Commentary
    • GCIII: Commentary
    • GCIV: Commentary

geneva, conventions, confused, with, geneva, conference, geneva, protocol, disambiguation, convention, relating, status, refugees, international, humanitarian, laws, consisting, four, treaties, three, additional, protocols, that, establish, international, lega. Not to be confused with Geneva Conference Geneva Protocol disambiguation or Convention Relating to the Status of Refugees The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war The singular term Geneva Convention usually denotes the agreements of 1949 negotiated in the aftermath of the Second World War 1939 1945 which updated the terms of the two 1929 treaties and added two new conventions The Geneva Conventions extensively define the basic rights of wartime prisoners civilians and military personnel established protections for the wounded and sick and provided protections for the civilians in and around a war zone 2 A facsimile of the signature and seals page of the 1864 Geneva Convention that established humane rules of war The original document in single pages 1864 1 The Geneva Conventions defines the rights and protections afforded to non combatants who fulfill the criteria of being protected persons 3 The treaties of 1949 were ratified in their entirety or with reservations by 196 countries 2 The Geneva Conventions concern only protected non combatants in war The use of wartime conventional weapons is addressed by the Hague Conventions of 1899 and 1907 and the 1980 Convention on Certain Conventional Weapons while the biological and chemical warfare in international armed conflicts is addressed by the 1925 Geneva Protocol Contents 1 History 1 1 Commentaries 2 Contents 2 1 Conventions 2 2 Protocols 3 Application 3 1 Common Article 2 relating to international armed conflict IAC 3 2 Common Article 3 relating to non international armed conflict NIAC 3 3 IAC and or NIAC classification 4 Enforcement 4 1 Protecting powers 4 2 Grave breaches 4 3 Right to a fair trial when no crime is alleged 5 Legacy 6 New challenges 7 See also 8 References 9 Further reading 10 External linksHistory Edit nbsp The progression of the Geneva Conventions from 1864 to 1949 nbsp A Red Cross poster from the First World War The Swiss businessman Henry Dunant went to visit wounded soldiers after the Battle of Solferino in 1859 He was shocked by the lack of facilities personnel and medical aid available to help these soldiers As a result he published his book A Memory of Solferino in 1862 on the horrors of war 4 His wartime experiences inspired Dunant to propose A permanent relief agency for humanitarian aid in times of war A government treaty recognizing the neutrality of the agency and allowing it to provide aid in a war zoneThe former proposal led to the establishment of the Red Cross in Geneva The latter led to the 1864 Geneva Convention the first codified international treaty that covered the sick and wounded soldiers on the battlefield On 22 August 1864 the Swiss government invited the governments of all European countries as well as the United States Brazil and Mexico to attend an official diplomatic conference Sixteen countries sent a total of twenty six delegates to Geneva On 22 August 1864 the conference adopted the first Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field Representatives of 12 states and kingdoms signed the convention 5 6 nbsp Swiss Confederation nbsp Grand Duchy of Baden nbsp Kingdom of Belgium nbsp Kingdom of Denmark nbsp Kingdom of Spain nbsp French Empire nbsp Grand Duchy of Hesse nbsp Kingdom of Italy nbsp Kingdom of the Netherlands nbsp Kingdom of Portugal and the Algarves nbsp Kingdom of Prussia nbsp Kingdom of Wurttemberg For both of these accomplishments Henry Dunant became co recipient of the first Nobel Peace Prize in 1901 7 8 On 20 October 1868 the first unsuccessful attempt to expand the 1864 treaty was undertaken With the Additional Articles relating to the Condition of the Wounded in War an attempt was initiated to clarify some rules of the 1864 convention and to extend them to maritime warfare The Articles were signed but were only ratified by the Netherlands and the United States of America 9 The Netherlands later withdrew their ratification 10 The protection of the victims of maritime warfare would later be realized by the third Hague Convention of 1899 and the tenth Hague Convention of 1907 11 In 1906 thirty five states attended a conference convened by the Swiss government On 6 July 1906 it resulted in the adoption of the Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field which improved and supplemented for the first time the 1864 convention 12 It remained in force until 1970 when Costa Rica acceded to the 1949 Geneva Conventions 13 The 1929 conference yielded two conventions that were signed on 27 July 1929 One the Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field was the third version to replace the original convention of 1864 11 14 The other was adopted after experiences in World War I had shown the deficiencies in the protection of prisoners of war under the Hague Conventions of 1899 and 1907 The Convention relative to the Treatment of Prisoners of War was not to replace these earlier conventions signed at The Hague rather it supplemented them 15 16 Inspired by the wave of humanitarian and pacifistic enthusiasm following World War II and the outrage towards the war crimes disclosed by the Nuremberg and Tokyo trials a series of conferences were held in 1949 reaffirming expanding and updating the prior Geneva and Hague Conventions It yielded four distinct conventions The First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field was the fourth update of the original 1864 convention and replaced the 1929 convention on the same subject matter 17 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 18 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 11 The Third Geneva Convention relative to the Treatment of Prisoners of War replaced the 1929 Geneva Convention that dealt with prisoners of war 19 In addition to these three conventions the conference also added a new elaborate Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War It was the first Geneva Convention not to deal with combatants rather it had the protection of civilians as its subject matter The 1899 and 1907 Hague Conventions had already contained some provisions on the protection of civilians and occupied territory Article 154 specifically provides that the Fourth Geneva Convention is supplementary to these provisions in the Hague Conventions 20 nbsp The third protocol emblem also known as the Red CrystalDespite the length of these documents they were found over time to be incomplete The nature of armed conflicts had changed with the beginning of the Cold War era leading many to believe that the 1949 Geneva Conventions were addressing a largely extinct reality 21 on the one hand most armed conflicts had become internal or civil wars while on the other most wars had become increasingly asymmetric Modern armed conflicts were inflicting an increasingly higher toll on civilians which brought the need to provide civilian persons and objects with tangible protections in time of combat bringing a much needed update to the Hague Conventions of 1899 and 1907 In light of these developments two Protocols were adopted in 1977 that extended the terms of the 1949 Conventions with additional protections In 2005 a third brief Protocol was added establishing an additional protective sign for medical services the Red Crystal as an alternative to the ubiquitous Red Cross and Red Crescent emblems for those countries that find them objectionable Commentaries Edit The Geneva Conventions of 12 August 1949 Commentary The Commentaries is a series of four volumes of books published between 1952 and 1958 and containing commentaries to each of the four Geneva Conventions The series was edited by Jean Pictet who was the vice president of the International Committee of the Red Cross The Commentaries are often relied upon to provide authoritative interpretation of the articles 22 Contents Edit nbsp Parties to Geneva Conventions and Protocols Parties to GC I IV and P I III Parties to GC I IV and P I II Parties to GC I IV and P I and III Parties to GC I IV and P I Parties to GC I IV and P III Parties to GC I IV and no PThe Geneva Conventions are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities The first convention dealt with the treatment of wounded and sick armed forces in the field 23 The second convention dealt with the sick wounded and shipwrecked members of armed forces at sea 24 25 The third convention dealt with the treatment of prisoners of war during times of conflict 26 The fourth convention dealt with the treatment of civilians and their protection during wartime 27 Individuals who fulfills the criteria of protected persons in international armed conflicts are protected by the 1949 conventions Those not listed as protected persons in such conflicts are instead protected by international human rights law and general treaties concerning the legal status of aliens in belligerent nations 3 Conventions Edit In international law and diplomacy the term convention refers to an international agreement or treaty The First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field first adopted in 1864 28 revised in 1906 29 1929 30 and finally 1949 31 The Second Geneva Convention for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea first adopted in 1949 successor of the Hague Convention X 1907 32 The Third Geneva Convention relative to the Treatment of Prisoners of War first adopted in 1929 33 last revision in 1949 34 The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War first adopted in 1949 based on parts of the Hague Convention II of 1899 and Hague Convention IV 1907 35 With two Geneva Conventions revised and adopted and the second and fourth added in 1949 the whole set is referred to as the Geneva Conventions of 1949 or simply the Geneva Conventions Usually only the Geneva Conventions of 1949 are referred to as First Second Third or Fourth Geneva Convention The treaties of 1949 were ratified in whole or with reservations by 196 countries 2 Protocols Edit The 1949 conventions have been modified with three amendment protocols Protocol I 1977 relating to the Protection of Victims of International Armed Conflicts 36 Protocol II 1977 relating to the Protection of Victims of Non International Armed Conflicts 37 Protocol III 2005 relating to the Adoption of an Additional Distinctive Emblem 38 Application EditThe Geneva Conventions apply at times of war and armed conflict to governments who have ratified its terms The details of applicability are spelled out in Common Articles 2 and 3 Common Article 2 relating to international armed conflict IAC Edit This article states that the Geneva Conventions apply to all the cases of international armed conflict IAC where at least one of the warring nations has ratified the Conventions Primarily The Conventions apply to all cases of declared war between signatory nations This is the original sense of applicability which predates the 1949 version The Conventions apply to all cases of armed conflict between two or more signatory nations This language was added in 1949 to accommodate situations that have all the characteristics of war without the existence of a formal declaration of war such as a police action 25 The Conventions apply to a signatory nation even if the opposing nation is not a signatory but only if the opposing nation accepts and applies the provisions of the Conventions 25 Article 1 of Protocol I further clarifies that armed conflict against colonial domination and foreign occupation also qualifies as an international conflict When the criteria of international armed conflict have been met the full protections of the Conventions are considered to apply Common Article 3 relating to non international armed conflict NIAC Edit This article states that the certain minimum rules of war apply to armed conflicts not of an international character 39 The International Committee of the Red Cross has explained that this language describes non international armed conflict NIAC where at least one Party is not a State 40 For example it would apply to conflicts between state forces and non state actors NSAs or between two NSAs or to other conflicts that have all the characteristics of war whether carried out within the confines of one country or not 41 There are two criteria to distinguish non international armed conflicts from lower forms of violence The level of violence has to be of certain intensity for example when the state cannot contain the situation with regular police forces Also involved non state groups need to have a certain level of organization like a military command structure 42 The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3 25 and additionally within the language of Protocol II The rationale for the limitation is to avoid conflict with the rights of Sovereign States that were not part of the treaties When the provisions of this article apply it states that 43 Persons taking no active part in the hostilities including members of armed forces who have laid down their arms and those placed hors de combat by sickness wounds detention or any other cause shall in all circumstances be treated humanely without any adverse distinction founded on race colour religion or faith sex birth or wealth or any other similar criteria To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above mentioned persons violence to life and person in particular murder of all kinds mutilation cruel treatment and torture taking of hostages outrages upon dignity in particular humiliating and degrading treatment and the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples The wounded and sick shall be collected and cared for During the negotiation of the Geneva Conventions France and Britain were initially staunchly opposed to Common Article 3 However to save face during negotiations and make strategic concessions France and Britain deliberately introduced ambiguous language in the text of Common Article 3 that made it easy for states to avoid the obligations of the rule 44 As a consequence Common Article 3 only concerns with humane treatment and does not deal with methods and means of hostilities 45 such as bombings committed by non state armed groups or state forces against civilian targets in the Algerian War and the Troubles On February 7 2002 President Bush adopted the view that Common Article 3 did not protect al Qaeda prisoners because the United States al Qaeda conflict was not of an international character 46 The Supreme Court of the United States invalidated the Bush Administration view of Common Article 3 in Hamdan v Rumsfeld by ruling that Common Article Three of the Geneva Conventions applies to detainees in the War on Terror and that the Guantanamo military commission process used to try these suspects was in violation of U S and international law 47 In response to Hamdan Congress passed the Military Commissions Act of 2006 which President Bush signed into law on October 17 2006 Like the Military Commissions Act of 2006 its successor the Military Commissions Act of 2009 explicitly forbids the invocation of the Geneva Conventions as a basis for a private right of action 48 Common Article 3 continues the conventional practice reflected in both the Lieber and The Hague provisions of according humanitarian protections only to belligerents who defer to the laws and customs of war not to insurrectionists who defy these norms from the very outset of hostilities Observance of the rules of warfare is what elevates an insurrectionist to the legally cognizable status of belligerent under the International law of war nothing short of such an observance suffices to effect this transformation from the infra legal to legal 49 self published source IAC and or NIAC classification Edit Whether the conflict is an IAC or a NIAC or both depends on the nature and circumstances of the situation Since there is a general prohibition against the use of force between States as is reflected within article 2 4 of the United Nations Charter with respect to Common Article 2 it is generally presumed that any use of such military force which is governed by international humanitarian law IHL is attributable to deliberate belligerent intent 50 Regarding Common Article 3 the ICRC in its 2016 commentary stated the provision includes not just a conflict between territorial government forces and NSAs or NSAs themselves but also a foreign military intervention against a NSA only if the territorial state consents to such intervention in its territory Should the intervening country do so without the consent of the territorial state or in support of a NSA against that state then Common Article 2 applies 50 51 For example the American led intervention in the Syrian civil war became both an IAC with Syria and a NIAC with the Islamic State because the U S intervened in Syrian territory without the former s consent 51 On the other hand Russia intervened in Syrian territory against the Free Syrian Army upon invitation by Syria making Russia s participation subject only to Common Article 3 and therefore Protocol II which Russia ratified on September 29 1989 50 52 The U S led NATO invasion of Afghanistan from October 7 to December 17 2001 was initially an IAC because it waged war against the Islamic Emirate of Afghanistan under Taliban rule Once the new Karzai administration was established and recognized internationally the conflict changed from an IAC to a NIAC with NATO troops under International Security Assistance Force ISAF and Resolute Support Mission RSM auspices assisting the Islamic Republic of Afghanistan with its consent in battling Taliban insurgents 50 In contrast the Soviet Afghan War was an IAC because the Soviet Union invaded the Democratic Republic of Afghanistan DRA to remove Afghan communist leader Hafizullah Amin from power then installed puppet leader Babrak Karmal who invited Soviet troops to intervene against the Afghan mujahideen fighters 53 While non state armed groups are automatically presumed to engage in NIACs they also can cross into the threshold of an IAC The 2020 ICRC commentary on the Third Geneva Convention requires two elements for this classification the group must in fact fight on behalf of that Party and that Party must accept both the fighting role of the group and the fact that the fighting is done on its behalf It further states that w here a Party to a conflict has overall control over the militia volunteer corps or organized resistance movement that has a fighting function and fights on the State s behalf a relationship of belonging for the purposes of Article 4A 2 54 exists 55 For example the Viet Cong was under effective control and direction by North Vietnam during the Vietnam War therefore Common Article 2 solely applied to the conflict 56 57 Enforcement EditProtecting powers Edit See also Protecting power The term protecting power has a specific meaning under these Conventions A protecting power is a state that is not taking part in the armed conflict but that has agreed to look after the interests of a state that is a party to the conflict The protecting power is a mediator enabling the flow of communication between the parties to the conflict The protecting power also monitors the implementation of these Conventions such as by visiting the zone of conflict and prisoners of war The protecting power must act as an advocate for prisoners the wounded and civilians Grave breaches Edit nbsp The logo of International Criminal CourtNot all violations of the treaty are treated equally The most serious crimes are termed grave breaches and provide a legal definition of a war crime Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person specifically protected by the conventions willful killing torture or inhumane treatment including biological experiments willfully causing great suffering or serious injury to body or health compelling a protected person to serve in the armed forces of a hostile power willfully depriving a protected person of the right to a fair trial if accused of a war crime Also considered grave breaches of the Fourth Geneva Convention are the following taking of hostages extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly unlawful deportation transfer or confinement 58 Nations that are party to these treaties must enact and enforce legislation penalizing any of these crimes Nations are also obligated to search for persons alleged to commit these crimes or persons having ordered them to be committed and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place 59 The principle of universal jurisdiction also applies to the enforcement of grave breaches when the United Nations Security Council asserts its authority and jurisdiction from the UN Charter to apply universal jurisdiction The UNSC did this when they established the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia to investigate and or prosecute alleged violations Right to a fair trial when no crime is alleged Edit Soldiers as prisoners of war will not receive a trial unless the allegation of a war crime has been made According to article 43 of the 1949 Conventions soldiers are employed for the purpose of serving in war engaging in armed conflict is legitimate and does not constitute a grave breach 60 Should a soldier be arrested by belligerent forces they are to be considered lawful combatants and afforded the protectorate status of a prisoner of war POW until the cessation of the conflict 61 Human rights law applies to any incarcerated individual including the right to a fair trial 62 Charges may only be brought against an enemy POW after a fair trial but the initial crime being accused must be an explicit violation of the accords more severe than simply fighting against the captor in battle 62 No trial will otherwise be afforded to a captured soldier as deemed by human rights law This element of the convention has been confused during past incidents of detainment of US soldiers by North Vietnam where the regime attempted to try all imprisoned soldiers in court for committing grave breaches on the incorrect assumption that their sole existence as enemies of the state violated international law 62 Legacy EditAlthough warfare has changed dramatically since the Geneva Conventions of 1949 they are still considered the cornerstone of contemporary international humanitarian law 63 They protect combatants who find themselves hors de combat and they protect civilians caught up in the zone of war These treaties came into play for all recent non international armed conflicts including the War in Afghanistan 64 the Iraq War the invasion of Chechnya 1994 2017 65 and the Russo Georgian War The Geneva Conventions also protect those affected by non international armed conflicts such as the Syrian civil war dubious discuss The lines between combatants and civilians have blurred when the actors are not exclusively High Contracting Parties HCP 66 Since the fall of the Soviet Union an HCP often is faced with a non state actor 67 as argued by General Wesley Clark in 2007 68 Examples of such conflict include the Sri Lankan Civil War the Sudanese Civil War and the Colombian Armed Conflict as well as most military engagements of the US since 2000 Some scholars hold that Common Article 3 deals with these situations supplemented by Protocol II 1977 dubious discuss These set out minimum legal standards that must be followed for internal conflicts International tribunals particularly the International Criminal Tribunal for the former Yugoslavia ICTY have clarified international law in this area 69 In the 1999 Prosecutor v Dusko Tadic judgement the ICTY ruled that grave breaches apply not only to international conflicts but also to internal armed conflict dubious discuss Further those provisions are considered customary international law Controversy has arisen over the US designation of irregular opponents as unlawful enemy combatants see also unlawful combatant especially in the SCOTUS judgments over the Guantanamo Bay detention camp brig facility Hamdi v Rumsfeld Hamdan v Rumsfeld and Rasul v Bush 70 and later Boumediene v Bush President George W Bush aided by Attorneys General John Ashcroft and Alberto Gonzales and General Keith B Alexander claimed the power as Commander in Chief of the Armed Forces to determine that any person including an American citizen who is suspected of being a member agent or associate of Al Qaeda the Taliban or possibly any other terrorist organization is an enemy combatant who can be detained in U S military custody until hostilities end pursuant to the international law of war 71 72 73 The application of the Geneva Conventions in the Russo Ukrainian War 2014 present has been troublesome vague because some of the personnel who engaged in combat against the Ukrainians were not identified by insignia although they did wear military style fatigues 74 The types of comportment qualified as acts of perfidy under jus in bello doctrine are listed in Articles 37 through 39 of the Geneva Convention the prohibition of fake insignia is listed at Article 39 2 but the law is silent on the complete absence of insignia The status of POWs captured in this circumstance remains a question Educational institutions and organizations including Harvard University 75 76 the International Committee of the Red Cross 77 and the Rohr Jewish Learning Institute use the Geneva Convention as a primary text investigating torture and warfare 78 New challenges EditArtificial intelligence and autonomous weapon systems such as military robots and cyber weapons are creating challenges in the creation interpretation and application of the laws of armed conflict The complexity of these new challenges as well as the speed in which they are developed complicates the application of the Conventions which have not been updated in a long time 79 80 Adding to this challenge is the very slow speed of the procedure of developing new treaties to deal with new forms of warfare and determining agreed upon interpretations to existing ones meaning that by the time a decision can be made armed conflict may have already evolved in a way that makes the changes obsolete See also Edit nbsp Law portal nbsp Politics portal nbsp Switzerland portal nbsp World portalAttacks on humanitarian workers Convention on Certain Conventional Weapons Customary international humanitarian law Declaration on the Protection of Women and Children in Emergency and Armed Conflict Geneva Conference disambiguation Geneva Academy of International Humanitarian Law and Human Rights German Prisoners of War in the United States Hague Conventions of 1899 and 1907 traditional rules on fighting wars Human rights Human shield International Committee of the Red Cross International Federation of Red Cross and Red Crescent Societies International humanitarian law Laws of war Lieber Code General Order 100 Nuremberg Principles Reprisals Rule of Law in Armed Conflicts Project Saint Petersburg Declaration of 1868 Targeted killingReferences Edit The 1864 Geneva Convention ICRC www icrc org 18 August 2013 Retrieved 25 August 2023 a b c State Parties Signatories Geneva Conventions of 12 August 1949 International Humanitarian Law International Committee of the Red Cross Retrieved 22 January 2007 a b The Practical Guide to Humanitarian Law Protected Persons Doctors Without Borders Dunant Henry December 2015 A Memory of Solferino English version full text online Convention for the Amelioration of the Condition of the Wounded in Armies in the Field Geneva 22 August 1864 Geneva Switzerland International Committee of the Red Cross ICRC Retrieved 11 June 2017 Roxburgh Ronald 1920 International Law A Treatise London Longmans Green and co p 707 Retrieved 14 July 2009 Abrams Irwin 2001 The Nobel Peace Prize and the Laureates An Illustrated Biographical History 1901 2001 US Science History Publications ISBN 9780881353884 Retrieved 14 July 2009 The story of an idea film on the creation of the Red Cross Red Crescent Movement and the Geneva Conventions ICRC Additional Articles relating to the Condition of the Wounded in War Geneva 20 October 1868 State Parties Retrieved 5 March 2017 Dutch Government 20 April 1900 Kamerstukken II 1899 00 nr 3 Memorie van Toelichting PDF in Dutch Retrieved 5 March 2017 a b c Fleck Dietrich 2013 The Handbook of International Humanitarian Law Oxford Oxford University Press p 322 ISBN 978 0 19 872928 0 Fleck Dietrich 2013 The Handbook of International Humanitarian Law Oxford Oxford University Press p 22 and 322 ISBN 978 0 19 872928 0 ICRC Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field Geneva 6 July 1906 Retrieved 5 March 2017 ICRC Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field Geneva 27 July 1929 Retrieved 5 March 2017 ICRC Convention relative to the Treatment of Prisoners of War Geneva 27 July 1929 Retrieved 5 March 2017 Fleck Dietrich 2013 The Handbook of International Humanitarian Law Oxford Oxford University Press pp 24 25 ISBN 978 0 19 872928 0 ICRC Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Geneva 12 August 1949 Retrieved 5 March 2017 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12 1949 for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27 1929 ICRC Convention II for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea Geneva 12 August 1949 Retrieved 5 March 2017 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12 1949 for the purpose of revising the Xth Hague Convention of October 18 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906 ICRC Convention III relative to the Treatment of Prisoners of War Geneva 12 August 1949 Retrieved 5 March 2017 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12 1949 for the purpose of revising the Convention concluded at Geneva on July 27 1929 relative to the Treatment of Prisoners of War ICRC Convention IV relative to the Protection of Civilian Persons in Time of War Geneva 12 August 1949 Retrieved 5 March 2017 In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land whether that of July 29 1899 or that of October 18 1907 and who are parties to the present Convention this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above mentioned Conventions of The Hague Kolb Robert 2009 Ius in bello Basel Helbing Lichtenhahn ISBN 978 2 8027 2848 1 For example by the U S Supreme Court see Hamdan v Rumsfeld Opinion of the Court U S Supreme Court 548 U S 2006 Slip Opinion p 68 available at supremecourt gov Sperry C 1906 The Revision of the Geneva Convention 1906 Proceedings of the American Political Science Association 3 33 57 doi 10 2307 3038537 JSTOR 3038537 Yingling Raymund 1952 The Geneva Conventions of 1949 The American Journal of International Law 46 3 393 427 doi 10 2307 2194498 JSTOR 2194498 S2CID 146828573 a b c d Pictet Jean 1958 Geneva Conventions of 12 August 1949 Commentary International Committee of the Red Cross Retrieved 15 July 2009 The Geneva Convention Relative to the Treatment of Prisoners of War PDF The American Journal of International Law 47 4 119 177 1953 doi 10 2307 2213912 JSTOR 2213912 S2CID 154281279 Archived from the original PDF on 24 February 2021 Bugnion Francios 2000 The Geneva Conventions of 12 August 1949 From the 1949 Diplomatic Conference to the Dawn of the New Millennium International Affairs 76 1 41 51 doi 10 1111 1468 2346 00118 JSTOR 2626195 S2CID 143727870 ICRC Convention for the Amelioration of the Condition of the Wounded in Armies in the Field Geneva 22 August 1864 Retrieved 5 March 2017 Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field Geneva 6 July 1906 International Committee of the Red Cross Retrieved 20 July 2013 ICRC Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field Geneva 27 July 1929 Retrieved 5 March 2017 ICRC Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Geneva 12 August 1949 Retrieved 5 March 2017 ICRC Convention II for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea Geneva 12 August 1949 Retrieved 5 March 2017 ICRC Convention relative to the Treatment of Prisoners of War Geneva 27 July 1929 Retrieved 5 March 2017 ICRC Convention III relative to the Treatment of Prisoners of War Geneva 12 August 1949 Retrieved 5 March 2017 ICRC Convention IV relative to the Protection of Civilian Persons in Time of War Geneva 12 August 1949 Retrieved 5 March 2017 treaties un org Protocol additional to the Geneva Conventions of 12 August 1949 and relating to the protection of victims of international armed conflicts Protocol I treaties un org Protocol additional to the Geneva Conventions of 12 August 1949 and relating to the protection of victims of non international armed conflicts Protocol II consulted July 2014 Protocol additional to the Geneva Conventions of 12 August 1949 and relating to the adoption of an additional distinctive emblem Protocol III consulted July 2014 Article 3 Conflicts Not of an International Character icrc org ICRC Retrieved 10 February 2023 ICRC 2016 2016 Commentary on the Geneva Convention ICRC p 393 ICRC 8 March 2016 The Geneva Conventions of 1949 and their Additional Protocols ICRC 2008 How is the Term Armed Conflict Defined in International Humanitarian Law PDF Retrieved 12 May 2018 Article 3 of Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Conflicts not of an international character Geneva 12 August 1949 International Committee of the Red Cross Retrieved 20 January 2021 Mantilla Giovanni 2018 Forum Isolation Social Opprobrium and the Origins of the International Law of Internal Conflict International Organization 72 2 317 349 doi 10 1017 S0020818318000097 ISSN 0020 8183 S2CID 158769783 Convention III relative to the Treatment of Prisoners of War Geneva 12 August 1949 Commentary of 2020 C Paragraph 1 Scope of application of common Article 3 Introduction International Humanitarian Datebases Bush George Humane Treatment of Taliban and al Qaeda Detainees PDF Retrieved 10 February 2023 Michael Isikoff and Stuart Taylor Jr July 17 2006 The Gitmo Fallout The fight over the Hamdan ruling heats up as fears about its reach escalate Archived May 12 2007 at the Wayback Machine Newsweek 10 U S C 948a e Sumanatilake P Saliya 2023 Non cognisability of Rebels Insurrectionists Separatists or Terrorists under International Humanitarian Law Addressing Some Contentious Issues In Criminal Justice Administration Kindle ed Atlanta Georgia U S A Self Published via Amazon s K D P ASIN B0BVQBVRDB a b c d Categorization of an armed conflict United Nations Office on Drugs and Crime a b Adil Ahmad Haque 8 April 2016 The United States is at War with Syria according to the ICRC s New Geneva Convention Commentary EJIL Talk Non international armed conflicts in Syria Classification Rule of Law in Armed Conflicts Project W Reisman Silk James 1988 Which Law Applies to the Afghan Conflict PDF American Journal of International Law 82 3 485 486 doi 10 2307 2202961 JSTOR 2202961 S2CID 143610514 Third Geneva Convention Article 4 Keiichiro Okimoto 26 October 2020 The United Nations and the Third Geneva Convention EJIL Talk United States Department of State Aggression from North Vietnam U S State Department Feb 27 1965 Digital history THE VIET CONG Alpha History How grave breaches are defined in the Geneva Conventions and Additional Protocols International Committee of the Red Cross Practice Relating to Rule 157 Jurisdiction over War Crimes International Committee of the Red Cross Retrieved 30 January 2017 Article 49 of the 1949 Geneva Convention I Article 50 of the 1949 Geneva Convention II Article 129 of the 1949 Geneva Convention III and Article 146 of the 1949 Geneva Convention IV provide The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing or ordering to be committed any of the grave breaches of the present Convention defined in the following Article Each High Contracting Party shall be under the obligation to search for persons alleged to have committed or to have ordered to be committed grave breaches of the 1949 Geneva Conventions and shall bring such persons regardless of their nationality before its own courts It may also if it prefers and in accordance with the provisions of its own legislation hand such persons over for trial to another High Contracting Party concerned provided such High Contracting Party has made out a prima facie case Treaties States parties and Commentaries Additional Protocol I to the Geneva Conventions 1977 43 Armed forces ihl databases icrc org Retrieved 24 November 2020 III John B Bellinger Padmanabhan Vijay M 2011 Detention Operations in Contemporary Conflicts Four Challenges for The Geneva Conventions and Other Existing Law The American Journal of International Law 105 2 201 243 doi 10 5305 amerjintelaw 105 2 0201 ISSN 0002 9300 JSTOR 10 5305 amerjintelaw 105 2 0201 S2CID 229170590 a b c Prisoner of war rights amp obligations under the Geneva Convention DoD GEN35 B American Forces Information Service Dept of Defense 1987 hdl 2027 uiug 30112000632791 Retrieved 24 November 2020 via HathiTrust The Geneva Conventions Today International Committee of the Red Cross Retrieved 16 November 2009 See U S Supreme Court decision Hamdan v Rumsfeld Abresch William 2005 A Human Rights Law of Internal Armed Conflict The European Court of Human Rights in Chechnya PDF European Journal of International Law 16 4 741 767 doi 10 1093 ejil chi139 Sixty years of the Geneva Conventions and the decades ahead International Committee of the Red Cross Retrieved 16 November 2009 Meisels T COMBATANTS LAWFUL AND UNLAWFUL 2007 Law and Philosophy v26 pp 31 65 PDF Archived from the original PDF on 8 March 2021 Retrieved 13 July 2014 Clark Wesley K Raustiala Kal 8 August 2007 Opinion Why Terrorists Aren t Soldiers The New York Times ISSN 0362 4331 Retrieved 7 June 2019 The Prosecutor v Dusko Tadic Case No IT 94 1 A International Criminal Tribunal for the Former Yugoslavia Retrieved 16 November 2009 Sliedregt Elies van Gill Terry D 19 July 2005 Guantanamo Bay A Reflection On The Legal Status And Rights Of Unlawful Enemy Combatants Utrecht Law Review 1 1 28 54 doi 10 18352 ulr 2 ISSN 1871 515X JK Elsea Presidential Authority to Detain Enemy Combatants 2002 Archived 23 November 2021 at the Wayback Machine for Congressional Research Service presidency ucsb edu Press Briefing by White House Counsel Judge Alberto Gonzales DoD General Counsel William Haynes DoD Deputy General Counsel Daniel Dell Orto and Army Deputy Chief of Staff for Intelligence General Keith Alexander June 22 2004 Archived 18 August 2018 at the Wayback Machine consulted July 2014 Gonzales Alberto R 30 November 2001 Martial Justice Full and Fair The New York Times ISSN 0362 4331 Retrieved 7 June 2019 Faith Ryan 10 March 2014 The Russian Soldier Captured in Crimea May Not Be Russian a Soldier or Captured Vice News Retrieved 7 June 2019 Training vs Torture President and Fellows of Harvard College 6 August 2014 Khouri Rami International Law Torture and Accountability Belfer Center for Science and International Affairs Harvard University Archived from the original on 4 March 2016 Retrieved 26 August 2009 Advanced Seminar in International Humanitarian Law for University Lecturers International Committee of the Red Cross McManus Shani 13 July 2015 Responding to terror explored South Florida Sun Sentinel Peace and Security 13 August 2019 Amidst new challenges Geneva Conventions mark 70 years of limiting brutality during war United Nations News United Nations Retrieved 11 September 2019 Ray Amit 4 July 2018 Compassionate Superintelligence AI 5 0 AI with Blockchain Bmi Drone Iot and Biometric Technologies Compassionate AI Lab Inner Light Publishers ISBN 978 9382123446 Further reading EditMatthew Evangelista and Nina Tannenwald eds 2017 Do the Geneva Conventions Matter Oxford University Press Giovanni Mantilla Conforming Instrumentalists Why the USA and the United Kingdom Joined the 1949 Geneva Conventions European Journal of International Law Volume 28 Issue 2 May 2017 Pages 483 511 Helen Kinsella The image before the weapon a critical history of the distinction between combatant and civilian Cornell University Press Boyd van Dijk 2022 Preparing for War The Making of the Geneva Conventions Oxford University Press External links Edit nbsp Wikimedia Commons has media related to Geneva Conventions nbsp Wikisource has original text related to this article Geneva Convention nbsp The Geneva Conventions of 12 August 1949 public domain audiobook at LibriVox Texts and commentaries of 1949 Conventions amp Additional Protocols The Geneva Conventions the core of international humanitarian law ICRC Rules of war in a nutshell video Commentaries GCI Commentary GCII Commentary GCIII Commentary GCIV Commentary Retrieved from https en wikipedia org w index php title Geneva 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