Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.
Who does the Fourth Geneva Convention protect?
Civilians in areas of armed conflict and occupied territories are protected by the 159 articles of the Fourth Geneva Convention. Civilians are to be protected from murder, torture or brutality, and from discrimination on the basis of race, nationality, religion or political opinion.
Who are protected persons under the Geneva Conventions?
The basic definition of protected persons under the fourth Geneva Convention is the following: “Protected persons” are civilians who find themselves in the hands of a party to the conflict of which they are not nationals.
What is the purpose of Fourth Geneva Convention 1949?
The fourth Geneva Convention affords protection to civilians, including in occupied territory. The Geneva Conventions, which were adopted before 1949. were concerned with combatants only, not with civilians.
What happens if you violate the Geneva Convention?
The Geneva Convention is a standard by which prisoners and civilians should be treated during a time of war. The document has no provisions for punishment, but violations can bring moral outrage and lead to trade sanctions or other kinds of economic reprisals against the offending government.
Which is not protected by Geneva Convention?
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is, according to United States law, a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed to not be protected by the Geneva Conventions.
What are the IHL violation?
Violations are serious, and are war crimes, if they endanger protected persons (e.g. civilians, prisoners of war, the wounded and sick) or objects (e.g. civilian objects or infrastructure) or if they breach important values. The majority of war crimes involve death, injury, destruction or unlawful taking of property.
Are Spies protected under the Geneva Convention?
Article 5 of the 1949 Geneva Convention IV provides: “Where in occupied territory an individual protected person is detained as a spy … such … [person] shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.”
What were the 4 major outcomes of the Geneva Convention?
This convention provided for (1) the immunity from capture and destruction of all establishments for the treatment of wounded and sick soldiers and their personnel, (2) the impartial reception and treatment of all combatants, (3) the protection of civilians providing aid to the wounded, and (4) the recognition of the …
Is the Fourth Geneva Convention customary international law?
Today, the four 1949 Geneva Conventions—as well as most provisions of the 1977 Additional Protocols—have gained the status of customary international law. This means that even States that have not ratified them must abide by their rules.
How is the Geneva Convention enforced?
States can enforce the rules through their national legal systems, diplomatic channels or international dispute resolution mechanisms. War crimes can be investigated and prosecuted by any State or, in certain circumstances, by an international court. The United Nations can also take measures to enforce IHL.