ZhENEVSKIE of the CONVENTION of 1949 on protection of the victims of war

From Big Medical Encyclopedia

GENEVA CONVENTIONS of 1949 on protection of the victims of war — the international multilateral agreements signed in Geneva 12/VIII 1949 g: 1) the convention on improvement of a fate of wounded and patients in field armies; 2) the convention on improvement of a fate of wounded, patients and persons, castaway, from structure of armed forces at the sea; 3) convention on the treatment of prisoners of war; 4) the convention on protection of the civilian population during war.

The first three. to. were developed on the basis of earlier existing similar conventions (. to. 1864 about improvement of the fate of wounded reconsidered in 1906 and 1929; The Hague convention of 1899 on use to sea war of the beginnings. to. 1864, reconsidered in 1907, and. to. 1929 about prisoners of war). The fourth. to. it is developed in 1949 (supplements the fourth Hague convention of 1907 on laws and customs of war). . to. quite often are called as conventions of the Red Cross.

Direct initiators of development. to. there were progressive public organizations which since the middle of 19 century widely developed the activity in many countries. The big role in development of this movement was played by N. I. Pirogov who put forward the idea of the organization of the help from the public to wounded soldiers directly in the battlefield and the Krestovozdvizhensky community of sisters of mercy directed by it created in 1854. The initiative of public organizations and a number of progressive figures, in particular the founder of the Red Cross A. Dunand, led to convocation in 1864 conferences in Geneva, on a cut the convention on improvement of a fate of wounded which was the first among was developed. to.

1. The Geneva convention of 1949 on improvement of a fate of wounded and patients in field armies obliges its participants to select in the battlefield and to give help to wounded and patients of the enemy.

The convention prohibits use of repressions to wounded and patients of the opponent, any infringement of life and health of wounded and patients of the opponent, in particular prohibits to finish them, to exterminate and subject to tortures. The convention obliges to treat humanely member countries wounded and patients and to give them help without any discrimination on such signs as a floor, race, a nationality, religion, political convictions, or to other similar criteria. All wounded and patients who appeared in the power of the enemy shall be registered, and data on them are reported to that state, on the party to-rogo they battled. Even during military operations belligerent parties shall send home seriously wounded and patients, and their certain categories — to the neutral states (e.g., wounded and patients whose treatment can come within a year from the date of their wound or a disease).

The convention provides protection of the medical institutions, their personnel and vehicles intended for transportation wounded sick and medical - a dignity. property. She strictly forbids to attack military stationary and mobile medical institutions, hospital vessels, a dignity. transport and dignity. personnel. Medical institutions can be deprived of protection. to. only if they are used in the military purposes. At the same time protection. to. it can be stopped only through a certain term after the corresponding prevention was made. However it is not considered use of medical institutions in the military purposes if their staff uses weapon for self-defense or protection of the wounded and patients who are in the establishment protected by the armed soldiers. Dignity. the personnel which appeared in the power of the opponent are not considered the prisoner of war and can be detained only for time necessary for assistance to wounded and patients from among prisoners of war, and then shall be returned home. Medical institutions, personnel and transport shall be designated by a special sign (A red Cross, Red Crescent or Red Lev and the Sun on a white background). Rules about protection of medical institutions and their personnel belong also to the organizations of the Red Cross participating in assistance to wounded and patients.

2. The Geneva convention of 1949 on improvement of a fate of wounded, patients and persons, castaway, from structure of armed forces at the sea establishes rules of the treatment of wounded and patients during sea war, similar to the rules established by the convention on improvement of a fate of wounded and patients. All picked up wounded, sick and castaway shall be registered, and data on them are reported to the state, on the party to-rogo they battled. The convention also establishes protection of the hospital vessels constructed or equipped for transportation and treatment of wounded, patients and persons castaway. The personnel of the specified vessels use the same protection, as well as personnel of overland medical institutions.

3. Geneva convention of 1949 on the treatment of prisoners of war establishes rules, the Crimea belligerent parties in the treatment of prisoners of war shall follow. Use of prisoners of war, including wounded and patients, for biol, experiences by the convention is forbidden. The convention forbids infringement of life and physical integrity of prisoners of war, in particular any types of murder, a mutilation, ill treatment, tortures and tortures. Wounded and sick prisoners of war are forbidden to be finished or exterminated, purposely to leave without medical aid or leaving, to intentionally create conditions for their infection. With the wounded and sick prisoner of war humane treatment and leaving without distinction as to sex shall be provided, to a nationality, races, religion and political convictions (see. Prisoners of war ).

4. The Geneva convention of 1949 on protection of the civilian population during war provides protection and humane treatment of the population which is in the occupied territory. Extermination of the civilian population and commission over it of nasiliya, and also use of collective punishments are prohibited. The robbery of the population is considered as a crime. To force the population it is forbidden to serve in armed forces of the invader. to. obliges the state occupying the territory to provide the population of this territory with food and medicines, and also to prevent developing of infectious diseases

. to. established the philosophy of modern international law: wars are waged against armed forces of the opponent; military operations against the civilian population, patients, wounded, prisoners of war are etc. prohibited.

. to. are applied in case of declaration of war or any armed conflict even if one of belligerent parties does not recognize a state of war, and in case of occupation of the territory even if this occupation will not encounter armed resistance. Participants. to. are obliged to observe their provisions if one of the powers which are in the conflict and is not a participant of the present convention. Provisions Zh. to. are obligatory also for the neutral countries

. to. provide a duty of member countries to search and punish the persons who made or ordered to make any actions violating provisions of these conventions. Persons guilty of disturbances. to., are considered as war criminals and shall be brought to trial. Such persons indulge in court of the country, in the territory a cut they committed crimes, or to court of any member country. to., if she has the evidence of their guilt. Serious violation. to. deliberate murder of wounded, patients, prisoners of war and the civilian population, torture and inhuman treatment with them, including biol is considered, to do experiments, causing damage to health, compulsion of prisoners of war military service the enemy, capture of hostages, the serious destruction of property of individuals, the state and public organizations which is not caused by military need, etc. to. provide an order of investigation of statements for their disturbance and assign the obligation to adopt the laws defining effective criminal penalty of guilty persons to participants.

The USSR made an essential contribution to business of development of humane rules of warfare and prohibition of use of means of mass destruction. In June, 1918. The Soviet government recognized. to. in all its editions; On June 16, 1925 the USSR recognized. to. 1906 and the convention of 1907 on use to sea war of the beginnings. to. 1864; On August 25, 1931 the USSR joined to. to. 1929. The big role was played by the USSR in development. to. 1949 about protection of the victims of war.

The presidium of the Supreme Council of the USSR ratified. to. April 17, 1951. During the signing. to. the representative of the USSR made a number of reservations, according to the Crimea of the USSR: will not recognize lawful the appeal of the state, in power to-rogo there are wounded, patients, prisoners of war and the civilian population, to the neutral state or the organization with a request to carry out functions of the power patroness if on it there is no consent of the state, citizens to-rogo are specified persons; will not consider exempted from liability for observance. to. the state which transferred the captured wounded, patients, prisoners of war, the civilian population to other state; will not extend action. to. about the treatment of prisoners of war on those from them which are condemned according to the principles of the Nuremberg tribunal for commission of war crimes and crimes against humanity. The measures established in the USSR for the persons punished for the committed crimes will be applied to the specified category of prisoners of war.

Participation of the USSR, USSR, BSSR and other socialist countries in development. to. allowed to achieve inclusion of a number of important provisions in them. The situation establishing that the main humane principles Zh is included. to. shall be applied as well during national liberation and civil wars (as is well-known, before the government of the capitalist states and bourgeois lawyers specified that. to. shall be applied only during wars between the so-called civilized states). This distribution of action. to, is of great importance for the people fighting for the freedom and independence. It had special value after World War II in connection with wide scope of the national liberation movement in the countries of Asia, Africa and Latin America. Also regulations on prohibition of discrimination of wounded, patients, prisoners of war and the civilian population based on race, language, religion, a property status etc. were included, about prohibition to make the destruction of property of the state and public organizations, and not just individuals which is not caused by military need, and some other provisions.

The Soviet Union, being a participant Zh. to., firmly observes them, makes and supports the proposals directed to consolidation of peace, protects the rights and interests of the people. The USSR resolutely condemns the states breaking. to., especially concerning the people fighting for the national release.

As of 1/1 1977 1977, participants. to. the St. 120 states are; The USSR, USSR, BSSR — participants. to.

Bibliography: The Geneva conventions on protection of the victims of war, of August 12, 1949, M., 1969; The Course of international law, under the editorship of F. I. Kozhevnikov, etc., t. 5, page 284, M., 1969; F and r and to about in E. M. Conventions of the Red Cross, M., 1950.

O. P. Shchepin.