What is Article 4 of the Geneva Convention?
Article 4(1) of the Fourth Geneva Convention defines as “protected persons” those persons “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”.
When was 4th Geneva Convention?
12 August 1949
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Who are the protected persons under the IV Geneva Convention?
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.
Is the ICRC binding?
All commitments made by the president, the director-general or any person authorized by the latter shall be binding on the ICRC.
What is Article 5 in the Geneva Convention?
Article 5 provides for the suspension of persons’ rights under the Convention for the duration of time that this is “prejudicial to the security of such State”, although “such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial …
How many countries signed the Fourth Geneva Convention?
196 states
The four 1949 Conventions have been ratified by 196 states, including all UN member states, both UN observers the Holy See and the State of Palestine, as well as the Cook Islands. The Protocols have been ratified by 174, 169 and 79 states respectively.
Why was the 4th Geneva Convention created?
It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone.
Who is not covered by the Geneva Convention?
The Geneva Conventions do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation states, such as during civil wars between government’s forces, and insurgents. A state in such a conflict is legally bound only to observe Common Article 3 of the Geneva Conventions.
Who is not protected by the Geneva Convention?
The person in question must fall under one of the categories including members of the armed forces, support staff of the armed forces, occupants of territories, and militias. In the episode, neither American agent admits to being an American soldier.
Who are bound by Geneva Convention?
When a country such as the United States or Iraq signs and ratifies the Geneva Conventions, it agrees that all of those individuals under its control — military and civilian leaders, as well as soldiers in the field, in the air, and on the sea — are bound by the Conventions’ mandates.
What is the meaning of opinio juris?
an opinion of law or necessity
Definition. Opinio juris is a shortened form of the Latin phrase opinio juris sive necessitatis, which means “an opinion of law or necessity.”
What is Article 33 of the Geneva Convention?
Article 33: Individual responsibility, collective penalties, pillage and reprisals. “No protected person may be punished for any offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited.
