The Geneva Convention usually refers to a set of agreements signed in 1949, negotiated in the aftermath of WWII. The agreements in question related to setting up legal standards for humanitarian treatment during war – for both civilians and military personnel. But what exactly was included in the Geneva Convention and how does it affect us today? Read on to find out.
What is it?
The four Geneva Conventions, agreed by every country, specified how soldiers and civilians should be treated during war. The four original conventions are as follows:
- Protect the sick, wounded, medical and religious personnel during conflict.
- Care for the wounded, sick and shipwrecked during war at sea.
- Treat prisoners of war ethically with humanity.
- Protect all civilians, including those in occupied territory.
If a nation-state is functioning optimally, it should be able to enforce the Geneva Convention on its military personnel. If a state suspects that their personnel have broken the Convention, then they can put them on trial. Elsewhere, The United Nations can set up tribunals to investigate and enforce the Convention.
Humanitarian law
The Geneva Convention forms a crucial part of humanitarian law. International humanitarian law aims to limit the effect of conflict as much as possible – for both participants and civilians. Humanitarian law builds upon the principles of justifiable combat. For a start, there must be a military necessity for combat – and it must aim for submission of the enemy at the earliest possible moment with the smallest cost to lives and resources. Plus, the attacks should be proportional to the war and should take every possible precaution to distinguish between civilian and combatant lives. These laws have emerged from a growing awareness of the need to show restraint during war.
Future of human rights
But what does the future hold for human rights and the Geneva Convention? Cyberspace is a new front in war where citizens can be targeted – currently, there are no international laws to limit the damage here. Many commentators and analysts are hoping laws will be made to protect civilians from cyber-attacks. Specifically, attacks targeting critical infrastructure that the wellbeing of societies depends on. On top of this, there is growing pressure for processes to be established to deal with cases where civilians have been targeted by cyber-attacks. Cyber-attacks are becoming more common: if your business has been targeted then you should consider working with a fintech law firm to give you the appropriate legal support.
The Geneva Convention established laws to protect civilians and combatants in the 20th century. But these laws will need updating as we enter the digital era of the 21st century.