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Essay on the geneva convention in the 21st century
Essays on the geneva convention
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Overstepping the boundaries: A study of the rules established at the 1929 Geneva Conventions and interpretations in WWII. U.S. History Period 2 Following World War I, a convention was held in Geneva, Switzerland. This meeting was established to feature a system of laws and rules put in place to determine the treatment and rights of military Prisoners of War, or POW’s. “The Convention laid down rules for the health, welfare, and right of Communication of those held prisoner; It limited the ways in which they could be disciplined and punished, and it stipulated that while they could be required to work, their labor should be of nonmilitary nature and they should be paid for it.” The meeting was held in July of 1929 with the final document being signed on the twenty-ninth. The document was agreed on by many countries including Germany, the United States, and Great Britain. Ironically, Japan signed but did not ratify the document, and the USSR did not attend the convention. This convention set the standards for the treatment of Prisoners of War and injured and incapable soldiers. However, were the rules and regulations set forth in this agreement complied with throughout the impending confrontation of World War II? Author, Lee Kennet states, “In Practice both the Germans and the Japanese violated various provisions of the convention…” While all forces say they were abiding by these rules there were some who made their own. The horrific treatment and painful torture and deaths to POW’s cannot go untold. The examples of violations of the “Geneva Convention” can be documented over and over again. The research documentation available to collaborate the wartime violations include McDonogh alumnus Donald L. Hilden... ... middle of paper ... ... and unruly reprimand, the Geneva Treaty in action today would be a site to see. Would all nations have to be held to the same standards, or would the treaties be lost in the chaos of war? Bibliography “Geneva Conventions,” International Military and Defense Encyclopedia. 6 vols. Charles Scribner's Sons, 1993. Reproduced in History Resource Center. Farmington Hills, MI: Gale Group. Hildenbrand, Donald, World War II History of Donald L. Hildenbrand. Kennet, Lee B. G.I. The American Soldier in World War II. New York: Charles Scribner's Sons, 1987. 184. Maher, Jack, Watersmeet to Waters Part. February 13, 2001. McDonogh School Yearbook *- I will find out how to cite this for the final. "Prisoners of War in Britain.”. . http://www.fortunecity.com/campus/dixie/921/PoWs/pows.htm (accessed January 13, 2008).
In 1942, groups of people were taken from all of the camps and sent to work on the Burma-Thailand Railway. In 1864 the Geneva Convention was formed internationally. The Convention laid down rules concerning the treatment and protection of prisoners during wartime. The Japanese did not follow this Convention as they continuously mistreated many prisoners, including Australian troops/soldiers and civilian prisoners. The Japanese saw the prisoners in camps as people who surrendered, therefore they were considered weak and cowardly because of a belief that the Japanese held that soldiers should die out respect for their emperor and country, known as the Bushido Code.
Several nations failed to abide by the Geneva Convention during World War II. As a result of this, the convention met for the fourth time to redefine and establish the rules to protect future veterans. (Simpkin) There were 130,000 POWs captured during World War II. Japan killed the most American POWs with a staggering rate at forty percent of 27,465. (Reynolds 10) It was these outrageous events of World War II that led to the Geneva Convention of 1949, which righted the wrongs of the previous conventions. (Geneva Conventions 864) So how bad were POWs treated? I am going to tell the accounts of one of the most severe acts against mankind that occurred during World War II.
"While fighting for victory the German soldier will observe the rules for chivalrous warfare. Cruelties and senseless destruction are below his standard" , or so the commandment printed in every German Soldiers paybook would have us believe. Yet during the Second World War thousands of Jews were victims of war crimes committed by Nazi's, whose actions subverted the code of conduct they claimed to uphold and contravened legislation outlined in the Geneva Convention. It is this legislature that has paved the way for the Jewish community and political leaders to attempt to redress the Nazi's violation, by prosecuting individuals allegedly responsible. Convicting Nazi criminals is an implicit declaration by post-World War II society that the Nazi regime's extermination of over five million Jews won't go unnoticed.
The My Lai Massacre of 1968 was a horrific blemish of brutality on America’s past. During this massacre, a company of American soldiers callously massacred the majority of the South Vietnamese hamlet of My Lai civilians, including women, children, and elderly. To this day, it remains unclear precisely how many South Vietnamese lives were taken during the massacre, but it was estimated to be as many as 500 civilians. (My Lai Cover-up Attempt) Higher-ranking U.S. Army officers covered up the events at My Lai and downplayed the fatalities among other soldiers. After a year of silence, a soldier knowledgeable of the My Lai event, searched to find justice for the South Vietnamese who were murdered by revealing the brutality of the American company. This act sparked a surge of intercontinental outrage and brought specific investigation to the issue. In 1970, only one of the fourteen officers charged with misconducts associated to the dealings of My Lai was
The Geneva Convention was created to take care of prisoners of war. It contains rules about the treatment and rights of prisoners of war during captivity. A quote told by Michael Ignatieff, Human Rights as Politics and Idolatry about the Geneva convention: “...our species is one, and each of the individuals who compose it are entitled to equal moral consideration.” It sets out:
Come 1929, there was a document in the works that set rules regarding prisoners of war. More than 40 countries got together to sign and agree on this new set of rules (“Life” 11). The signing of the Geneva Convention was held in Geneva, Switzerland. This document of ninety-seven articles defined a prisoner of war as a member of a regular military unit, wearing a uniform (thus spies were excluded). The Convention declared that a prisoner must be humanely treated....
Since this is true, states are less restrained by the potential risk of humanitarian consequences of their actions. However, global human rights norms do make a difference, but to what extent? This article explains that the U.S violated the fundamental norm to not target civilians on multiple occasions during the Iraq war, however it was not blatantly done; the targeting was done indirectly, and more secretive. The ability for the United States to commit these international crimes discretely, without repercussions displays the level of influence the United Nations has. However, when civilian targeting is discovered this is the point where international humanitarian norms come into play; states fear being shamed or illegitimated. Since the establishment of an international court there has been a reduction in this type of crimes against humanity. Actions such as torture during war has been significantly reduced because of its
In addition, there is no way to enforce the treaty in states, even if they have ratified it. Which makes it hard to make any progress on reducing the use of torture, fortunately, there may be some headway in the future in the form of the Optional Protocol to the Convention Against Torture. The Optional protocol would allow monitored visits to states to ensure that no cases of torture were occurring. The purpose of this paper is to research the Convention Against Torture and how why states decide to accept the convention. We will also look at the enforceability of the Convention Against Torture and what the future for it may possibly
Third Geneva Convention was signed on July 27, 1929 at Geneva, Switzerland. It was made to protect the human rights of Prisoners of War (POW). These laws apply from the moment a combatant is imprisoned until the POW is released. The main point of this Convention was to protect the Prisoners of Wars from physical and mental torture. Because of this law, torturing to prisoners was illegal and wrong on an international level. It states that prisoners should not be forced to reveal any other information related to their identity (i.e. military unit, home town, address, relatives).
Prisoners of War The United States angers terrorists and other foreigners on a daily basis, but we find it hard to understand why. Examples abound and most often relate to ignorant decisions on behalf of the government concerning the welfare of these foreigners. The situation on the island of Cuba at the Naval Station of Guantánamo Bay has grown out of hand. Here, the U.S. holds the prisoners that it has captured as part of its war on terrorism in a camp. They hold over 600 men there without contact with their home countries or families and without the legal consultation of a lawyer.
After the prosecution of Nazis in the Nuremburg trials on the basis of “crimes against humanity” and genocide, the abuse of human rights has become a more salient issue in international society (Buchanan 136). However, when situations of human rights violations escalate to emergency levels, it becomes complicated to intervene despite the international laws condemning genocide and other large-scale human rights violations. This is due to Article 2(4) and Chapters VI and VII of the UN Charter, which essentially state that nations may not militarily intervene in the affairs of other nations (Wheeler 41). These laws make it difficult for nations to help oppressed citizens of other nations unless the human rights violations constitute a “threat to international peace and security” or unless the intervention is in self-defense or otherwise authorized by the UN Security Council (Wheeler 92).
Hans Kelsen, Collective and Individual Responsibility in International Law with Particular Regard to the Punishment of War Criminals, 31 Cal. L. Rev. 530 (1943); http://scholarship.law.berkeley.edu/californialawreview/vol31/iss5/3; accessed on 19-03-1014
In the aftermath of World War II, countless cases of Nazi war crimes were exposed and confronted by the Allied powers. In particular, the astounding death toll as a result of human experimentation was put under special scrutiny. During the famed Nuremberg trials in 1946, the American judges conducted a separate proceeding, referred to as the “Doctor’s Trial,” in which 23 German physicians and administrators were tried under accusations of the murder and torture of multitudinous concentration camp inmates. These proceedings invoked many questions in regards to rightly handling human experimentation, and they were answered with the resulting Nuremberg code, which provided several guidelines for acceptable and ethical human experimentation. However,
In 2013, the Supreme Court heard the landmark, strikeout case of Smith v Ministry of Defence, which is of great significance; it extends the jurisdiction of the European Convention on Human Rights (ECHR) to military operations outside the UK. The case also exhibits the Court’s adopting of a narrow approach in the interpretation and application of the doctrine of ‘combat immunity’. “In effect, it extends a civilian understanding of duty of care and rights guaranteed by the ECHR to Service personnel in combat”.
War crimes have been difficult to define with accuracy and its usage has evolved constantly. Before World War II, war crimes were generally accepted as horrors of the nature of war. However, with millions of people murdered and the mistreatment of prisoners of war, the allied powers were prompted to prosecute perpetrators. Thus, the international humanitarian law was implemented. The international humanitarian law (IHL) regulates the conduct of forces when engaged in war or armed conflict. It is the branch of international law which seeks to limit the effects of armed conflict by protecting persons who are no longer participating in hostilities. It includes the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law. Serious violations of the international humanitarian law such as physical abuse, psychological abuse, sexual abuse and murder violate the treatment of prisoners of war constituting war crimes. More recently, definitions of war crimes have been codified in international statutes, such as those creating the International Criminal Court.