Presentation Transcript

1. The Geneva Conventions: Humanitarian Law

2. History 16 European countries ratified the first Geenva Convention in 1864 to ensure the humane treatment of the battlefield casualties It was the FIRST example of international humanitarian law It was also the founding of the International Committee of the Red Cross International humanitarian law is founded on the principles of humanity, impartiality, and neutrality Its roots extend to such historic concepts of justice as Babylon’s Hammurabic Code and etc
3. Protocols The Geneva Convention and several protocols evolved to deal with the changing technologies and styles of war and to define the humane treatment of different groups during wartime For example, the 1925 Geneva Protocol prohibited the use of poison gas and bacteriological weapons (protocols have been added to limit the impact of war on human)
4. Why? The Geneva conventions and protocols attempt to limit the barbarity of war both for combatants and for vulnerable non-combatants, such as civilians, medical workers, and journalists At the end of 2003, 191 states were signatories
5. Process Those who violate the Geneva Conventions, especially in cases of atrocities involving genocide, can be tried as war criminals by the International Criminal Court (ICC) Regardless of the crime, the ICC cannot impose the death penalty Hoping to strengthen the Conventions, the Red Cross was a prime proponents of the ICC, which held its first session at The Hague in 2003 (Conference in Netherlands) http://www.icrc.org/eng/resources/documents/film/f00981.htm
6. Current Trials http://www.reuters.com/video/2011/11/23/icc-says-saif-can-be-tried-in-libya?videoId=225670531 Where should they be tried? Where was Saddam Hussein’s trial take place? Why? http://www.youtube.com/watch?v=XuPBiLANNaA
7. Controversy Prisoners of War Vs Enemy Combatants Geneva Convention does not apply to enemy combatants Statue is also very unclear: What is torture? Is it physical pain/psychological damage? Prisoners of war MUST be:- Treated humanely with respect for their persons and their honour.- Enabled to inform their next of kin and the Central Prisoners of War Agency (ICRC, the International Red Cross) of their capture.- Allowed to correspond regularly with relatives and to receive relief parcels.- Allowed to keep their clothes, feeding utensils and personal effects.- Supplied with adequate food and clothing.- Provided with quarters not inferior to those of their captor's troops.- Given the medical care their state of health demands.- Paid for any work they do.- Repatriated if certified seriously ill or wounded, (but they must not resume active military duties afterwards) .- Quickly released and repatriated when hostilities cease.
8. Challenge Prisoners of war must NOT be:-Compelled to give any information other than their name, age, rank and service number.- Deprived of money or valuables without a receipt (and these must be returned at the time of release).- Given individual privileges other than for reasons of health, sex, age, military rank or professional qualifications.- Held in close confinement except for breaches of the law, although their liberty can be restricted for security reasons.- Compelled to do military work, nor work which is dangerous, unhealthy or degrading.
9. Post-911 Abu Gharaib Prison and a New Kind of war? Can it be justified? http://www.youtube.com/watch?v=LZ_Vxoyu8zY&feature=results_video&playnext=1&list=PLD74900CAC1967BC3 http://www.youtube.com/watch?v=gtDGWH2RCcM&NR=1&feature=endscreen