The Geneva Conventions and Human Rights during Wartime

Dr. Ahmed Nassar

2014 / 2015

Dr. Ahmed Nassar

The Geneva ConventionsThe Geneva Conventions The first modern The first modern international rules of war, international rules of war, known known

as the Geneva Conventions, or Treaties, were made as the Geneva Conventions, or Treaties, were made in Geneva, Switzerland in 1864. in Geneva, Switzerland in 1864.

The Geneva Conventions were first drafted and The Geneva Conventions were first drafted and ratified in Europe in 1864, modern version with ratified in Europe in 1864, modern version with four Conventions drafted in 1949 and ratified by four Conventions drafted in 1949 and ratified by 191 countries .191 countries .

Led to the establishment of the Red Cross in 1877.Led to the establishment of the Red Cross in 1877. These treaties were accepted by all European These treaties were accepted by all European

countries, the US and some Asian & Latin countries, the US and some Asian & Latin American countries. American countries.

New rules are added as they are needed.New rules are added as they are needed. 22

Dr. Ahmed Nassar

The Geneva ConventionsThe Geneva Conventions

Geneva Conventions guarantee human rights Geneva Conventions guarantee human rights to to four groups: four groups:

1- 1- The sick and wounded The sick and wounded put out of action in put out of action in

a war, a war, 2- 2- Shipwrecked sailors Shipwrecked sailors during the war, during the war, 3- 3- Prisoners of war (POW)Prisoners of war (POW), and , and 4- 4- CiviliansCivilians in territory occupied by an army. in territory occupied by an army.

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GENEVA CONVENTIONS OF 12 AUGUST 1949

Geneva Convention IV Protection of civilians in time of war

Geneva Convention III Treatment of prisoners of war (POW)

Geneva Convention IImproving the conditions of the sick and wounded, members of the armed forces in the field

Geneva Convention IIImproving the conditions of shipwrecked sailors, members of armed forces at sea

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Geneva Conventions I & IIGeneva Conventions I & II

Everything possible must be done, without any Everything possible must be done, without any kind of discrimination, to kind of discrimination, to reduce the suffering reduce the suffering of people who have been put out of action by of people who have been put out of action by sickness, wounds or captivity.sickness, wounds or captivity.

If a member of the armed forces is wounded or If a member of the armed forces is wounded or sicksick, and therefore is in no condition to take an , and therefore is in no condition to take an active part in the hostilities, he is no longer part active part in the hostilities, he is no longer part of the fighting force and of the fighting force and becomes a vulnerable becomes a vulnerable person in need of protection and care.person in need of protection and care.

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The human dignity of all individuals The human dignity of all individuals must be respected at all timesmust be respected at all times

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Geneva Conventions I & II … Geneva Conventions I & II … ContinuedContinued

Combatants (fighters in a war) Combatants (fighters in a war) must treat must treat members of enemy forces who are wounded, members of enemy forces who are wounded, sick or shipwrecked as carefully their own.sick or shipwrecked as carefully their own.

Medical equipment must not be intentionally Medical equipment must not be intentionally destroyeddestroyed and medical establishments and and medical establishments and vehicles must not be attacked, damaged or vehicles must not be attacked, damaged or prevented from operating.prevented from operating.

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The human dignity of all individuals The human dignity of all individuals must be respected at all timesmust be respected at all times

Dr. Ahmed Nassar

Who is a POW (Who is a POW (PPrisoner risoner OOf f WWar)?ar)?

Geneva Convention III includes restrictions Geneva Convention III includes restrictions that apply to prisoners of war, i.e., that apply to prisoners of war, i.e., captured captured soldiers from other countries’ armies.soldiers from other countries’ armies.

Terrorist groups are not nation statesTerrorist groups are not nation states and thus and thus not deserving of Geneva Convention not deserving of Geneva Convention protections.protections.

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Geneva Convention IIIGeneva Convention IIIPrisoners of War Must be:Prisoners of War Must be:

Allowed to inform next of kinAllowed to inform next of kin and International Red and International Red Cross of their capture.Cross of their capture.

Allowed to correspond regularly with relativesAllowed to correspond regularly with relatives and to and to receive relief parcels.receive relief parcels.

Allowed to keep their clothes, utensils & personal Allowed to keep their clothes, utensils & personal effectseffects

Supplied with Supplied with adequate food and clothing.adequate food and clothing.

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Geneva Convention IIIGeneva Convention IIIPrisoners of War Must be: … 2Prisoners of War Must be: … 2

Provided with Provided with adequate living quarters.adequate living quarters. Given Given adequateadequate medical care.medical care. Paid for any work they do.Paid for any work they do. RepatriatedRepatriated if certified seriously ill or wounded. if certified seriously ill or wounded. Quickly released and repatriated when hostilities Quickly released and repatriated when hostilities cease.cease.

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Geneva Convention III … 2Geneva Convention III … 2Prisoners of war mustPrisoners of war must NOT NOT be:be:

Compelled to give any information other than their Compelled to give any information other than their name, age, rank and service number.name, age, rank and service number.

Torture or inhumane treatment Torture or inhumane treatment of POWs (Geneva of POWs (Geneva III, Art. 17 & 87) or protected persons (Geneva IV, III, Art. 17 & 87) or protected persons (Geneva IV, Art. 32) are Art. 32) are grave breachesgrave breaches of Geneva Conventions, of Geneva Conventions, andand are considered war crimes. are considered war crimes.

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Geneva Convention IVGeneva Convention IV

Protected Civilians MUST be:Protected Civilians MUST be:

ProtectedProtected against acts or threats of violence, against acts or threats of violence, insults and public curiosity.insults and public curiosity.

Entitled to respect Entitled to respect for their honor, family rights, for their honor, family rights, religious convictions and practices, and their religious convictions and practices, and their manners and customs.manners and customs.

Specially Specially protected, for example in safety zones, if protected, for example in safety zones, if wounded.wounded.

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DETAINED CIVILIANS must at all times DETAINED CIVILIANS must at all times be humanely treated be humanely treated

(Geneva III, Art. 13, Geneva IV, Art. 27).(Geneva III, Art. 13, Geneva IV, Art. 27).

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Geneva Convention IV … Geneva Convention IV … 22

Protection of the sick and old, children under 15, Protection of the sick and old, children under 15, expectant mothers or mothers of children under 7.expectant mothers or mothers of children under 7.

Enabled to Enabled to exchange personal & family news.exchange personal & family news.

Helped to Helped to secure news of family memberssecure news of family members dispersed by dispersed by the conflict.the conflict.

Allowed to practice their religionAllowed to practice their religion with ministers of with ministers of their own faith.their own faith.

Detainees may be questioned, but Detainees may be questioned, but any form of any form of “physical or mental coercion” is prohibited “physical or mental coercion” is prohibited (Geneva (Geneva III, Art. 17; Geneva IV, Art. 31). III, Art. 17; Geneva IV, Art. 31).

Women shall be protectedWomen shall be protected from any indecent assault from any indecent assault (Geneva IV, Art. 27). (Geneva IV, Art. 27).

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ADDITIONAL PROTOCOLS OF 8 JUNE 1977

II. Additional Protocol IIAdditional Protocol II: Relating to the protection of victims of non-international armed conflicts.

I. Additional Protocol IAdditional Protocol I: Relating to the protection of victims of international armed conflicts.

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Two protocols added in 1977Two protocols added in 1977(ratified by over 160 nations)(ratified by over 160 nations)

Protocol I Prohibits:Protocol I Prohibits: Attacking dams, houses of worship, food and water Attacking dams, houses of worship, food and water

supplies, supplies, Recruiting children under 15 into armed forces,Recruiting children under 15 into armed forces, Bombing nuclear power stations, and Bombing nuclear power stations, and Use of weapons which Use of weapons which cause superfluous injurycause superfluous injury or or

severe long term environmental damage.severe long term environmental damage.

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Protocol IProtocol I adds explicit adds explicit protections toprotections to prohibit prohibit attacks on civilians and civilian targetsattacks on civilians and civilian targets

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Two protocols added in 1977Two protocols added in 1977(ratified by over 160 nations)(ratified by over 160 nations) … Cont’d … Cont’d

Protocol II Prohibits:Protocol II Prohibits: Collective punishment, terrorism, and hostage-Collective punishment, terrorism, and hostage-

taking, and taking, and Attacks on basic needs for civilian survival such Attacks on basic needs for civilian survival such

as crops, drinking water supplies, and irrigation as crops, drinking water supplies, and irrigation systems.systems.

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Protocol IIProtocol II adds explicit adds explicit protections to protections to civilians civilians during a civil warduring a civil war

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Convention against TortureConvention against Torture and and Other Cruel, Inhuman or Other Cruel, Inhuman or

Degrading Treatment or Punishment, 1984Degrading Treatment or Punishment, 1984

Every person has the right to have his Every person has the right to have his physical, mental, physical, mental, and moral integrity respected. and moral integrity respected.

No one shall be subjected to torture or to cruel, No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.inhuman, or degrading punishment or treatment.

All persons deprived of their liberty shall be treated with All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. respect for the inherent dignity of the human person.

Punishment shall not be extended to any person other Punishment shall not be extended to any person other than the criminal. than the criminal.

Article 5: Right to Humane TreatmentArticle 5: Right to Humane Treatment

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Accused persons shall be segregated from convicted Accused persons shall be segregated from convicted persons,persons, and shall be subject to separate treatment and shall be subject to separate treatment appropriate to their status as non-convicted persons.appropriate to their status as non-convicted persons.

MinorsMinors while subject to criminal proceedings while subject to criminal proceedings shall be shall be

separated from adults separated from adults and brought before specialized and brought before specialized tribunals, as speedily as possible, so that they may be tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors. treated in accordance with their status as minors.

Convention against TortureConvention against Torture and and Other Cruel, Inhuman or Other Cruel, Inhuman or

Degrading Treatment or Punishment, 1984 … 2Degrading Treatment or Punishment, 1984 … 2

Article 5: Right to Humane TreatmentArticle 5: Right to Humane Treatment

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Rome statute of the International Rome statute of the International Criminal Court, 1998Criminal Court, 1998

"Torture" means the intentional infliction of "Torture" means the intentional infliction of severe pain or suffering,severe pain or suffering, whether physical or whether physical or mental, upon a person in the custody or under mental, upon a person in the custody or under the control of the accused.the control of the accused.

Article 7: Definition of TortureArticle 7: Definition of Torture

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Arguments in Support of TortureArguments in Support of Torture

1.1. The Efficiency ArgumentThe Efficiency Argument Torture can elicit information more quickly Torture can elicit information more quickly

and efficiently than any other method.and efficiently than any other method.

2.2. Everyone Else Is Doing ItEveryone Else Is Doing It Other countries regularly use torture to obtain Other countries regularly use torture to obtain

information.information. To ban torture is to put our country at a To ban torture is to put our country at a

competitive disadvantage.competitive disadvantage.

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Arguments Against TortureArguments Against Torture

1.1. The Inefficiency ArgumentThe Inefficiency Argument Under torture, prisoners will say anything to end the Under torture, prisoners will say anything to end the

torture.torture. Other techniques are much more effective in eliciting Other techniques are much more effective in eliciting

reliable information.reliable information.

2.2. The Slippery SlopeThe Slippery Slope Even if justified in rare cases, Even if justified in rare cases, it would quickly be it would quickly be

used in other situations.used in other situations. How do we know the suspect has the crucial How do we know the suspect has the crucial

information?information?

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Arguments Against Torture (Cont’d)Arguments Against Torture (Cont’d)

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3.3. The Reciprocity ArgumentThe Reciprocity Argument The best way to protect our troops from torture by The best way to protect our troops from torture by

the enemy is to refrain from torturing our own the enemy is to refrain from torturing our own prisoners.prisoners.

4.4. The Consistency ArgumentThe Consistency Argument By torturing, we are saying that it is permissible By torturing, we are saying that it is permissible

for others to torture as well.for others to torture as well. This means we give up the moral high ground.This means we give up the moral high ground.

5.5. The Dignity ArgumentThe Dignity Argument Torture because it degrades us as a nation: It puts Torture because it degrades us as a nation: It puts

us on same level us on same level as our worst enemies.as our worst enemies.

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Thank You Very MuchThank You Very Much