1. Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field - obliges its participants to select on the battlefield and provide assistance to the wounded and sick of the enemy, and any discrimination against the wounded and sick on grounds of sex, race, nationality, political opinion or religion prohibited. All the wounded and sick who find themselves in the power of the enemy must be registered, and their data reported to the state on whose side they fought. Medical establishments, medical personnel and transport for the transport of the wounded, sick and medical equipment shall be protected and attack is prohibited.
2. Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea - establishes rules for the treatment of the wounded and sick during naval warfare, similar to the rules provided for by the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
3. Convention on the Treatment of Prisoners of War - establishes the rules that belligerents must follow in the treatment of prisoners of war.
4. Convention for the Protection of Civilian Persons in Time of War - provides for the humane treatment of the population in occupied territory and protects their rights.
On June 8, 1977, two Additional Protocols were adopted to the Geneva Conventions under the auspices of the International Committee of the Red Cross: Protocol I, concerning the protection of victims of international armed conflicts, and Protocol II, concerning the protection of victims of non-international armed conflicts.
In 2005, Additional Protocol III was adopted to the Geneva Conventions on the introduction of an additional distinctive emblem in the form of the Red Cross and Red Crescent.
The Geneva Conventions are a development of international legal norms on the protection of victims of war, previously enshrined in the Hague Conventions of 1899 and 1907. and conventions signed at Geneva in 1864, 1906 and 1929.
The Geneva Conventions enshrined the basic principle of modern international law: wars are waged against the armed forces of the enemy; military operations against the civilian population, sick, wounded, prisoners of war, etc. are prohibited.
The Geneva Conventions apply in the event of a declared war or any armed conflict, even if one of the belligerents does not recognize the state of war, and in the event of an occupation of a territory, even if that occupation meets with no armed resistance.
The parties to the Geneva Conventions are obliged to comply with their provisions, if the other party, not participating in the Geneva Conventions, also observes them in their actions. The provisions of the Geneva Conventions are also binding on neutral countries.
The Geneva Conventions provide for the obligation of member countries to search for and punish persons who have committed or ordered to commit any act that violates the provisions of these conventions. Such persons are submitted to the court of the country in whose territory they committed the crimes, or to the court of any country participating in the Geneva Conventions, if it has evidence of their guilt.
A serious violation of the Geneva Conventions is the deliberate killing of the wounded, sick, prisoners of war and the civilian population, torture and inhuman treatment of them, including biological experiments, damage to health, forcing prisoners of war to serve in the army of the enemy, taking hostages, serious destruction of property not caused by military necessity, etc. Persons guilty of violations of the Geneva Conventions are regarded as war criminals and must be prosecuted.
The Geneva Conventions provide for the procedure for investigating allegations of violations and oblige parties to enact laws providing for effective criminal punishment of perpetrators.
More than 190 states have joined the Geneva Conventions, that is, almost all countries of the world.
The USSR/Russia has been a party to the Geneva Conventions since 1954 and the Additional Protocols since 1990.
Civilian population- these are persons who do not belong to any category of participants in an armed conflict and do not directly participate in hostilities. Legal protection of the civilian population carried out in conflicts of both international and non-international character. The parties to the conflict must take all measures so that children under 15 years of age, those who are orphaned or divorced from their families because of the war, are not abandoned by fate (art. 24 of the Geneva Convention for the Protection of Civilian Persons in Time of War ). Cannot be applied to the civilian population no measures of physical or moral pressure in order to obtain any information.
It is forbidden to apply physical suffering or take any measures that will lead to the death of the civilian population (murder, torture, corporal punishment, mutilation, medical, scientific experiments, starvation among civilians as a method of warfare, terror, robbery, hostage-taking, other violence on the part of civilian or military representatives parties to the conflict). The civilian population and individual civilians must not be the object of attack. It is prohibited to use the civilian population to protect certain objects, points or areas of attack.
Civil objects should not be the object of attacks and reprisals, violent actions and prohibited means and methods of conduct should not be used against them war. In particular, they must not be attacked and destroyed structures containing dangerous forces (dams, dams, nuclear power plants), objects necessary for the survival of the civilian population (livestock, crops, food, water supplies and means of obtaining and treating it), other unprotected and non-military objects.
Military occupation regime. Military occupation- this is a temporary seizure of the territory (Part of the territory) of one state by the armed forces of another state and the establishment of a military administration in the occupied territory. The military occupation of any territory does not mean its transition under the sovereignty of the state that has captured it.
According to the provisions of the IV Hague Convention 1907 p., IV Geneva Convention 1949, Additional Protocol I, the occupying power is obliged to take all measures to ensure order in the occupied territory. The population of the occupied territory must obey the orders of the authorities, but it cannot be forced to take an oath of allegiance to the occupying power, to participate in hostilities directed against its state, to testify about the army of the latter. The honor, dignity, life of civilians, their property, religious beliefs, families must be respected. The occupying state must provide the civilian population with the necessary clothing, food and sanitary materials.
Refugees from Warsaw, 1939
Geneva Convention for the Protection of Civilian Persons in war time , also known as Fourth Geneva Convention- adopted on August 12, 1949; entered into force on 21 October. Like the previous Geneva Conventions, it operates under the auspices of the International Committee of the Red Cross.
Principles
The conference worked out an agreement as a result of a meeting held in Geneva from April 21 to August 12, 1949. The convention is drafted in French and English. Both texts are equally authentic. The Swiss Federal Council provides official translations of the convention into Russian and Spanish.
- The Geneva Conventions require parties to a conflict to distinguish between civilians and direct participants in hostilities (combatants) in order to ensure the protection of the civilian population and civilian objects. Attacks are prohibited both on the civilian population as a whole and on individual civilians.
- Attacks should only be directed against military objectives. Persons who do not take or have ceased to take part in hostilities (including prisoners of war) are entitled to respect for their lives and physical and mental integrity. Such people must be protected and treated humanely in all circumstances, without discrimination of any kind.
- It is forbidden to kill or injure an enemy who has surrendered or can no longer take part in hostilities.
- It is also prohibited to use weapons or methods of warfare capable of causing unnecessary loss or unnecessary suffering.
- The wounded and sick must be given medical attention, regardless of which side in the conflict they belong to. It is necessary to ensure the protection of medical personnel and medical institutions as well as their transport and equipment.
- The emblem of the red cross or red crescent on a white background is a sign of this protection. Persons and objects using the red cross and red crescent emblems may not be attacked. At the same time, the emblem must not be misused. (art. 19 of Convention I)
- Captured participants in hostilities and civilians who are in the power of the enemy have the right to preserve their lives, respect their dignity, personal rights and beliefs (political, religious and others). They must be protected from any acts of violence and reprisals. They have the right to correspond with their families and receive assistance. Everyone should be afforded basic judicial guarantees.
The final version of the Geneva Conventions was adopted in 1949. Subsequent armed conflicts (wars of national liberation in the 70s of the XX century) showed the need to expand the legal norms applicable to hostilities. This led to the adoption in 1977 of two Additional Protocols to the Geneva Conventions.
see also
Russian
English
Arabic German English Spanish French Hebrew Italian Japanese Dutch Polish Portuguese Romanian Russian Turkish
Based on your request, these examples may contain coarse language.
Based on your request, these examples may contain colloquial vocabulary.
Translation of "protection of civilians during" in Chinese
Other translations
Offers
This practice is in violation of the provisions of the Fourth Geneva Convention on war.
Protection of civilians in time of war.">
Article 49 of the Fourth Geneva Convention on protection of the civilian population during war prohibits "individual and mass forced resettlement" as a serious violation of international humanitarian law.
Article 49 of the Fourth Geneva Convention, relative to the of international armed conflict, prohibits "individual or mass forcible transfers" as a grave breach of international humanitarian law.
Protection of civilians in time of international armed conflict, prohibits "individual or mass forcible transfers" as a grave breach of international humanitarian law.">
My Government reiterates its support for the provisions of the 1949 Geneva Convention on protection of the civilian population during armed conflicts and deeply regrets that efforts towards building a lasting peace are being thwarted by acts of violence.
My Government reiterates its support for the provisions of the Geneva Convention of 1949 on the armed conflicts and profoundly regrets that efforts towards the construction of definitive peace are being thwarted by acts of violence.
Protection of civilians during armed conflicts and profoundly regrets that efforts towards the construction of definitive peace are being thwarted by acts of violence.">
International human rights instruments, as well as the Geneva Conventions of 12 August 194911 and their optional protocols of 197712, which contain a number of provisions on protection of the civilian population during armed conflict are directly related to internally displaced persons.
International human rights instruments, as well as the Geneva Conventions of 12 August 194911 and the Optional Protocols thereto of 1977,12 which contain a number of provisions for the protection of civilians during armed conflict, are of direct relevance to internally displaced persons.
Protection of civilians during armed conflict, are of direct relevance to internally displaced persons.">
Persons arrested for security reasons have been and continue to be provided with the guarantees provided for in the Geneva Convention on protection of the civilian population during war.
Detainees held for security reasons have been and continue to be provided the protections of the Geneva Convention relative to the Protection of Civilians in Time of war.
Protection of Civilians in Time of War.">
Paragraph 35 states that the military court and its directorate must comply with the provisions of the Geneva Convention of August 12, 1949 on protection of the civilian population during of war in relation to any matter relating to litigation.
In paragraph 35, it says that the military court and its directorate have to apply the terms of the Geneva Convention dated 12 August 1949 to the protection of civilians in time of war in every matter related to legal proceedings.
Protection of civilians in time of war in every matter related to legal proceedings.">
This policy is contrary to the provisions of the Convention on protection of the civilian population during war and relevant customary law and amount to war crimes under the jurisdiction of the International Criminal Court.
Those policies were in breach of the Convention relative to the of War and relevant provisions of customary law, and also amounted to war crimes that fell under the jurisdiction of the International Criminal Court.
Protection of Civilian Persons in Time of War and relevant provisions of customary law, and also amounted to war crimes that fell under the jurisdiction of the International Criminal Court.">
Morocco also violates the Fourth Geneva Convention on protection of the civilian population during war, as it resettled thousands of Moroccans in Western Sahara.
Morocco was also in violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Times of War because it was resettling thousands of Moroccans in Western Sahara.
Protection of Civilian Persons in Times of War because it was resettling thousands of Moroccans in Western Sahara.">
Geneva Convention on protection of the civilian population during war recognizes the right of aliens who are protected persons to leave the territory of a party to the conflict.
The Geneva Convention Relative to the Protection of Civilian Persons in Time of War recognizes the right of aliens who are protected persons to leave the territory of a party to the conflict.
Protection of Civilian Persons in Time of War recognizes the right of aliens who are protected persons to leave the territory of a party to the conflict.">
One of the highest priorities in the work of my Office continues to be the protection of the civilian population during war.
Protection of civilians in times of war remains an important priority for my Office.">
Other relevant legal instruments in this area include the Universal Declaration of Human Rights, the International Covenants and the Geneva Convention on protection of the civilian population during war.
Other relevant legal instruments included the Universal Declaration of Human Rights, the International Covenants and the Geneva Convention relative to the Protection of Civilian Persons in Time of war.
Protection of Civilian Persons in Time of War.">
This crisis calls for urgent action on the part of international community in accordance with the obligations international law, including the Geneva Convention on protection of the civilian population during war.
This crisis requires immediate action by the international community in line with obligations under international law, including the Geneva Convention relative to the Protection of Civilian Persons in Time of war.
Protection of Civilian Persons in Time of War.">
It was reported that the rebels completely disregarded the principles of the Geneva Convention on protection of the civilian population during war and international humanitarian law.
It was said that the Maoist insurgents did not respect the Principle of the Geneva Convention at the time of conflict related to human rights and international humanitarian laws.
At the time of conflict relating to human rights and international humanitarian laws.">
For the purposes of this investigation, we are interested in the Fourth Geneva Convention on protection of the civilian population during wars, and especially during internal armed conflict.
For the purposes of this investigation, what concerns us is the fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, and particularly internal armed conflict.
Protection of Civilian Persons in Time of War, and particularly internal armed conflict.">
Similarly, the Fourth Geneva Convention on protection of the civilian population during war dated August 12, 1949.
The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, likewise prohibits the alteration and the annexation of occupied territories.
Protection of Civilian Persons in Time of War, of 12 August 1949, likewise prohibits the alteration and the annexation of occupied territories.">
The report also refers to Economic and Social Council resolution 2003/59, which reaffirms the applicability of the 1949 Geneva Convention on protection of the civilian population during war.
The report also highlighted Economic and Social Council resolution 2003/59, reaffirming the applicability of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of war.
Protection of Civilian Persons in Time of War.">
LEGAL SCIENCES
P.G. Zverev
cand. legal Sci., Department of General Legal Disciplines, Kaliningrad Branch of the Federal State Educational Institution of Higher Professional Education "St. Petersburg University of the Ministry of Internal Affairs Russian Federation»
1949 GENEVA CONVENTION FOR THE PROTECTION OF CIVIL POPULATION IN TIME OF WAR: ON THE LAWS OF OCCUPATION IN THE LIGHT OF UN INTERNATIONAL PEACEKEEPING
Annotation. The article is devoted to the analysis of the provisions of the IV Geneva Convention on the Laws of Occupation. The conclusion is made about their importance for peacekeeping operations.
Keywords: United Nations, peacekeeping operations, laws of occupation.
P.G. Zverev, Kaliningrad Branch of the Saint-Petersburg University of the MIA of Russia
THE GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR
1949 ON THE ISSUE OF OCCUPATION LAW IN THE LIGHT OF INTERNATIONAL UN PEACEKEEPING
abstract. The article is devoted to the analysis of the provisions of the IV Geneva Convention on the law of occupation.
Keywords: United Nations, peace operations, law of occupation.
The Geneva (IV) Convention for the Protection of Civilian Persons in Time of War, 1949 (GC IV) mainly focuses on the relationship of the occupying power with the population of the occupied territory and, in particular, on the legal status of the latter. For this reason, it contains a large number of rules dedicated to the protection of "protected persons". Art. 4 of the Convention defines as such “persons who, at a certain moment and in a certain way, are in a situation of conflict or occupation in the power of one of the parties to the conflict or an occupying power of which they are not nationals”.
Part I of Section III (“The Status and Treatment of Protected Persons”) contains the rules governing the status and treatment of protected persons residing in the territory of the parties to the conflict and occupied territory. Art. 27 of this section lists some guarantees of the status of these persons. A detailed commentary on this article is given by the International Committee of the Red Cross, which defines it as "the basis of the entire Convention, proclaiming the principles of all "Law of Geneva"" .
Other norms establishing the basis for the treatment of this category of persons are contained in Art. 31 and 33 of the Convention. Modern peacekeeping operations constantly interact with individuals in the territory of the host state, so the rules for dealing with them are extremely important. The standards provided for by GC IV are legally useful, but are formulated in the general view and thus represent a very limited practical guide. In addition, the Convention itself, in particular its Art. 5 and 27 provide for exceptions to the general rule. For example, Art. 27 states that "the parties to the conflict may take such measures of security and control in relation to protected persons as may be necessary in conditions of war."
One important aspect of the treatment of individuals during peacekeeping operations is detention. This is perfectly illustrated by the so-called Danish government initiated in 2007. "Copenhagen process", the purpose of which was to find a multilateral solution to the problems that arise in the implementation of the detention of persons during international
people's military operations. There is a clear need for guidelines on this issue. It seems that a number of provisions of GC IV could become just such guidelines. Of particular interest in this regard is the experience of Australia's peacekeeping activities in East Timor.
The Australian Armed Forces applied by analogy a number of occupation laws in developing the detention procedure for the International Force in East Timor. Application found, in particular, Art. 70 and 76 LCD IV. Among the other articles of the Convention that could form the basis guidelines, should also be called Art. 45, 68 and 78. In particular, Art. 68 and 78, under the laws of occupation, provide the legal basis for detention. Obviously, these articles can be used as a legal basis for internment in cases where the laws of occupation are applied de jure (Latin de iure "legally", "by (according to) law"). In other cases, they may simply be useful in concretizing the detention provisions of the peacekeeping operation's mandate.
Frequently, a UN Security Council resolution mandate contains the phrase that the operation may use "all necessary means." This phrase is the shortest formula for authorizing the use of necessary and proportionate force to achieve the goals set out in the mandate. The right to use force also implies the power to detain persons. However, the mere mention given in the resolution does not clarify how detention should be carried out.
Art. 45 GC IV deals with the transfer of detainees. Among other things, it provides that protected persons may be transferred by the Power in whose power they are only after that Power is satisfied that the other Power to which the persons are transferred is willing and able to apply GC IV. Art. 45 also provides that a protected person may not, under any circumstances, be transferred to a country where he might fear persecution on account of his political or religious beliefs.
In the practice of peacekeeping operations, cases of transferring detainees to third parties are not uncommon, which causes a lot of controversy in this regard. The Netherlands, for example, has entered into a memorandum of understanding with the Afghan authorities regarding the transfer and treatment of detainees. The memorandum was based, in particular, on Art. 45 LCD IV.
Section IV of GC IV contains a long list of rules for the treatment of detainees. This list is very relevant for peacekeeping operations, especially for situations of detention of persons for a long time. Both human rights law and international humanitarian law require humane treatment of detainees. In addition to the legal aspect itself, humane treatment is also a moral requirement, and for this reason the treatment of detainees is subject to social and political scrutiny in troop-contributing States. Mistreatment of detainees can shake the very public support for peacekeeping operations. GC IV rules on the treatment of detainees provide useful standards for military leaders in peacekeeping operations to ensure humane treatment, even if these standards are not legally binding in a peacekeeping operation.
Changes affecting the institutions of power in the occupied territory during the period of occupation should not adversely affect the rights and freedoms of the local population. After all, if there is no occupation, there are no restrictions on the legal status of the individual. This allows us to conclude that the application of a number of norms of the GC IV is organically linked to the issue of the state of occupation in the zone of a particular peacekeeping operation.
Based on the foregoing, it can be concluded that the laws of occupation are intended to regulate the same or similar situations in which peacekeeping operations are established and conducted. Therefore, on their basis, one can develop useful advice(instructions) for military commanders of peacekeeping contingents, even in circumstances where the de jure laws of occupation do not apply.
Bibliography:
1. Zverev P.G. The operation of the laws of occupation in the context of UN peacekeeping operations // Actual problems humanities and natural sciences. - 2014. - No. 3 (62).
2. Zverev P.G. Complementarity of human rights law and international humanitarian law in the context of UN peacekeeping operations [Electronic resource] // Law of obligations: electronic Science Magazine. - 2013. - No. 2 (3). - S. 3-8. - URL: http://www.law-of-obligations.ingnpublishing.com
3. Zverev P.G. The first Copenhagen process for the treatment of detainees during international military operations // Young scientist. - 2014. - No. 3 (62).
4. Zverev P.G. Implementation of the right to detention during peacekeeping operations: organizational and legal aspects // Young scientist. - 2014. - No. 2. - S. 581-584.
5. Commentary: the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War / ed. by J. Pictet. - ICRC, 1958. - P. 199-200.
6. Oswald B. Detention in Military Operations; Some Military, Political and Legal Aspects // Evue de Droit Militaire et de Droit de la Guerre Operational. - 2007. - Vol. 46. - P. 341.
