4th Geneva Convention
The Fourth Geneva Convention, adopted in 1949, is a landmark treaty in international humanitarian law because it is the first to provide comprehensive protections for civilians in times of war and in occupied territories. It was a direct response to the horrific civilian casualties and treatment during World War II.
Key Provisions
Here are the main clauses and key provisions of the Fourth Geneva Convention:
Definition of "Protected Persons": The Convention defines who is a "protected person"—essentially any individual who, in a time of conflict or occupation, is in the hands of a party to the conflict of which they are not a national. This status is vital as it grants them the full protections of the convention.
Humane Treatment: Like the other Conventions, it establishes a core principle of humane treatment. It strictly prohibits acts such as murder, torture, corporal punishment, and medical experiments. It also forbids any measure of intimidation or terrorism against civilians, and states that they must be protected from acts of violence or insult.
General Protection of Populations: The Convention requires that the entire population of the countries in conflict, and not just foreign nationals, be protected from the effects of war. This includes provisions for the establishment of hospital and safety zones, as well as the right of civilians to be a part of humanitarian relief efforts.
Protection of Civilians in Occupied Territories: This is a major focus of the convention. It imposes substantial obligations on an occupying power, including:
Prohibition of Forced Transfers and Deportations: A key provision (Article 49) explicitly prohibits the forcible transfer or deportation of protected persons from occupied territory. It also forbids the occupying power from transferring parts of its own civilian population into the territory it occupies, a principle that is central to international law regarding settlements.
Prohibition of Collective Punishment and Pillage: The Convention states that no person may be punished for an offense they did not personally commit. Collective penalties, pillage, and reprisals against protected persons or their property are strictly forbidden.
Ensuring the Welfare of the Population: The occupying power has a duty to ensure the public health, hygiene, and provisioning of food and medical supplies for the population under its control. It must also facilitate the proper functioning of local institutions and ensure the protection and education of children.
Non-Waiver of Rights: The convention states that protected persons cannot renounce their rights under the treaty. This is a crucial safeguard, as it prevents an occupying power from coercing a population into "agreeing" to give up their protections.
Role of the International Committee of the Red Cross (ICRC): The Convention recognizes the right of the ICRC to offer its services to parties in a conflict and to visit and assist protected persons.
In essence, the Fourth Geneva Convention represents a major step forward in international law by creating a legal framework to protect the most vulnerable victims of war: the civilian population.