Khaled: The Geneva Convention - Essay Example

Module Khaled – The Geneva Convention Dunant, Henry. Geneva Convention. New York: MacMay, 2008. The Geneva Convention- What is it? The Geneva Conventions basically constitutes of international humanitarian regulations that seek to control the behavior of soldiers during armed conflict. The Geneva Convention, which took place in 1949, is basically about ensuring that human rights are supported even in wartime conditions. For the most part, these proposals were ratified by most nations. The source states that even though previous conventions held in Geneva in 1864, 1906 and 1929, the one that was held after the Second World War in 1949 was perceived as being of the greatest significance because of conditions that included proposals to provide protection for all civilians of different nations during conflicts between different nations (Dunant 2). The Geneva Conventions basically constitutes of international humanitarian regulations that seek to control the behavior of soldiers during armed conflict. Durham, Helen. The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague u.a: Nijhoff, 1999. Print. Why did it come about? During the First and Second World Wars, prisoners from different nations across Europe were taken captive and brutally mistreated. The Second World War is perceived by most to be the worst war in history in terms of civilian casualties. The fact that so many innocent people in so many nations suffered from unspeakable brutalities inspired the proposals concerning respecting human dignity in the Geneva Convention. The source describes the fact that many countries were concerned about the cruelty meted out on defenseless men as well as civilians and began looking for ways in which they could maintain basic human dignity even in times of war (Durham 34). The Geneva Convention was the result of joint musings between nations on the right way to address violations of human rights that were common during war time. What is its purpose? Focarelii, Carlo. “Common Article 1 of the1949 Geneva Conventions: A Soap Bubble?” The European Journal of International Law 21.1 (2010): 136 The Geneva Convention binds all the states that signed it to a pledge that states that all civilians as well as prisoners of war captured in their nations in times of conflict shall be treated humanely. The source describes the Geneva principles as regarding the maintenance of the sanctity of human life were immediately accepted by the attending nations (Focarelli 136). This agreement essentially allowed the nations that signed it to pledge their agreement to ensuring that civilians as well as prisoners of war in any future conflicts would have their basic human rights respected. There were further endorsements by more than one hundred nations during the 1950’s and 60’s. The disintegration of the USSR during the early 90s would bring additional ratifications. The source further states that it is vital for all nations to understand the different policies that they have to ratify in order to implement the policies that were agreed upon during the Geneva Convention in 1949 (Focarelii 136). In the Geneva Convention, the member nations basically swore to maintain the prisoners of other nations in the best circumstances possible. To this day, it is basically this pledge of both negative and positive reciprocity that upholds the significance of the Convention. Have all nations upheld the Geneva Convention? Bennet, Angela. The Geneva Convention: The Hidden Origins of the Red Cross. London: Sutton Publishing Ltd, 2005. Not all nations have maintained this promise, but most nations actively work towards ensuring that they follow all the statues of the Geneva Convention. Apart from seeking to maintain human dignity, the convention also introduced equality in the treatment of different peoples. The source affirms that in the Second World War, American prisoners captured by Germans were often treated better than those of the USSR (Bennet 124). This trend was quite common in European nations that perceived other ethnicities as being of lesser intelligence. The Geneva Convention compelled all its signatories to do away with this type of discrimination. Today, while most nations adhere to the underlined precepts of the Geneva Convention, there are a number of exceptions involving member nations. The chief cause of the noncompliance of the Geneva rules has to do with fighting battles that have no specified boundaries. The source further gives the example of the War on Terror, which has resulted in numerous civilian casualties in the Middle East (Bennet 124). This is because the developed nations that are engaged in this battle cannot give a specific timeline detailing how long the battle will take, or even limit covert activities to specific nations. They have to pursue the agents of terror wherever they emerge. Are there problems with it? Fischer, Miles. “Applicability of the Geneva Conventions to ‘Armed Conflict’ in the War on Terror.” Fordham International Law Journal. 30.3 (2006): 510 Today, even suspected terrorists from al Qaeda are allowed to benefit from the stipulations of the Geneva Convention. Moreover, the Geneva Convention is only considered as being obligatory by the nations that have signed in agreement with it. The source describes organizations such as Al Qaeda, which do not believe in the democratic principles that are viewed as being an essential right of all citizens by developed nations; and so often violate the principles of the Geneva Convention (Fischer 510). This is the main issue that challenges the authority of the Geneva Convention. The United Nations as an establishment had to be formed to enforce the principles mentioned in the Geneva Convention. Moreover, in recent conflicts, nations that agreed to the convention treaty have found themselves in tough situations that have caused them to embark on hostilities. Moreover, the Geneva Convention is only considered as being obligatory by the nations that have signed in agreement with it. Organizations such as Al Qaeda do not believe in the democratic principles that are viewed as being an essential right of all citizens by developed nations; and so often violate the principles of the Geneva Convention. This could mean that the Geneva Convention has to be revised so that it can address lapses such as those evident in dealing with terrorist organizations. Works Cited Bennet, Angela. The Geneva Convention: The Hidden Origins of the Red Cross. London: Sutton Publishing Ltd, 2005. Dunant, Henry. Geneva Convention. New York: MacMay, 2008. Durham, Helen. The Changing Face of Conflict and the Efficacy of International Humanitarian Law. The Hague u.a: Nijhoff, 1999. Print. Fischer, Miles. “Applicability of the Geneva Conventions to ‘Armed Conflict’ in the War on Terror.” Fordham International Law Journal. 30.3 (2006): 509. Focarelii, Carlo. “Common Article 1 of the1949 Geneva Conventions: A Soap Bubble?” The European Journal of International Law 21.1 (2010): 137 Read More