What is the ‘Geneva Convention’ that lays down the rules of a War?
Sai Krishna Muthyanolla
March 11, 2022
Since the Russia-Ukraine conflict and its tragic consequences are in news lately, we try to shed light on some of the issues surrounding international law in situations of war/armed conflicts and related conventions.
It is well-established by political researchers across the world that the field of international relations is dominated by power politics and self-interests rather than any law. The proliferation of supranational organizations adjudicating different aspects of disputes in the last few decades strongly indicates the failure of nations to co-operate amidst the growing complexities in international affairs. While the relatively weaker nations enjoy the advantage of protection against powerful nations, the powerful ones view it as a blow to their assertive tendency. International law is riddled with challenges- in interpretation, in an application and even in its enforcement, thereby questioning its legitimacy and efficiency in resolving international disputes.
Since the Russia-Ukraine conflict and its tragic consequences are in news lately, in this article, we try to shed light on some of the issues surrounding international law in situations of war/armed conflicts.
Why international law for armed conflict?
Irrespective of the location, type and duration of the war, civilians always end up bearing the brunt. Armed conflicts cause destructions of property and disruptions in livelihoods and aspirations.  And when armed conflicts happen between nations, the issue of ‘territoriality’ and ‘sovereignty’ arises, which makes the adjudication of these crimes complex. The evolution of the field of ‘International Humanitarian Law’, referred to as IHL, aims to remove these complexities and hold the perpetrators accountable.
‘Rules of War’:
It is often perceived that wars have no rules. But ‘Wars do have rules’. These rules are mostly on the conduct or the operational modalities of the war rather than the reasons to resort to war itself. As mentioned earlier, there are serious disagreements on ‘who’ has the authority to enforce or interpret these rules. Despite all these disagreements, there is a consensus that wars must be governed and adequate limits of conduct during the war must be enforced.
The history of rules of war date back to the guiding principles of international humanitarian law – humanity, neutrality, and impartiality. The earlier models of rules of war are the code of Hammurabi of Babylonian King and the Lieber Code, promulgated during the civil war in the United States. But the impetus to this came with the establishment of the International Committee of Red Cross (ICRC; formerly Known as Committee of Five) in 1863 at Geneva. This paved the way for the creation and successful adoption of the Geneva Convention – a comprehensive document addressing different aspects of the war. The convention consists of four conventions adopted on 12 August 1949, and two additional protocols of 1977 and 2005, that complement the existing conventions.
Geneva Convention:
After witnessing the Battle of Solferino in 1859 and the hardships due to that battle, Henry Dunant of ICRC initiated measures for the protection of persons in situations of conflict. His focused efforts led to the formation of the International Committee of Red Cross (ICRC). These initiatives are further codified in various conferences in 1864, 1899, 1906-07, 1929. With the breakout of the Second world war, the necessity for strengthening these provisions and initiatives is clearly demonstrated. Accordingly, the four Geneva conventions were adopted in 1949, with two additional protocols adopted in 1977 to supplement these conventions and the third protocol in 2005. The four conventions of 1949 are:
In addition to these, there are two protocols that supplement the above four conventions.
Support for Geneva Convention:
India:
India is the 5 country in the world to ratify the Geneva Convention in 1960. India is also the first country in the region to adopt this convention. However, India did not ratify the additional protocols 1 and 2 of 1977, but it ratified the third protocol of 2005. In response to a question in parliament in 2019, the government informed that no decision has not yet been taken to ratify protocols 1 and 2.
Worldwide, as of 2022
Ratifications grew in successive decades. 74 States ratified in the 1950s, 48 additional states in the 1960s, 20 in the 1970s and 20 in the 1980s, 25 states in the 1990s, and seven states since the 2000s, making the Geneva Convention universally applicable.
Recent Incidents
The recent clashes in the Galwan Valley that claimed the lives of 20 Indian Soldiers had invited the attention of the International Committee of Red Cross (ICRC), which appealed to both India and China to adhere to the principles of the Geneva Convention. India had also asked Pakistan to follow Geneva Convention principles when wing Commander Abhinandan Varthaman was caught by Pakistan Army.
In response to a question in the Parliament from February 2022, the Government said that there were 83 Indian defence personnel including the Prisoners of War in the custody of Pakistan. However, their custody is not acknowledged by Pakistan.
International Criminal Justice
There are several tribunals established to deal with the war crimes happening across the world.
Ad-hoc tribunals:
The above two tribunals expired in 2014, and a new United Nations Mechanism for International Criminal Tribunals (MICT) was created to functions of both tribunals, as part of their closing strategy.
Mixed tribunals and special chambers
International Criminal Court (ICC)
Featured Image: By Kevin Quinn, Ohio, US, [CC BY 2.0]