The Geneva Conventions of 1949 and Their

Additional Protocols
A Term Paper

Himima O. Doromal | IV- Teehankee

International Humanitarian Lawand Human Rights Law (LAW 316)
MSU Law-Iligan Extension
15 June 2021

Atty. Atty. Ashyanna Alexine Adia Amira-Labi A. Bangcola

Instructor
 The International Humanitarian Law (IHL), which is also known as “the law of war” or
“the law of armed conflict”, is a set of rules that seeks to limit the effects of armed conflict for
humanitarian reasons. It imposes limits on the means and methods of warfare and protects
those who are not or are no longer actively or directly participating in the hostilities. 1 Nowadays,
IHL has evidently come to play a huge role in times of war by ensuring that the principles of
distinction, precaution and proportionality are observed by the conflicting parties once the armed
conflict commences. However, one might ask, has the IHL always been a key international
player?

If we are to look back, the modern international humanitarian law is actually traced back
to the efforts of the 19th Century Swiss businessman Henry Dunant. 2 At the time, there took
place a bloody battle between the French and the Austrian armies in Solferino, Italy which left
wounded and dying men in the battlefield and even with his efforts to mobilize aid for the said
victims still many died. 3 This appalling situation inspired Mr. Dunant wrote a book entitled “A
Memory of Solferino” and in here he recounted the experience and proposed that the trained
volunteer relief groups should be granted security during war so that they would be able to take
care of the wounded.4 Mr. Dunant also suggested for the States to come up with a formal
agreement for the relief of the wounded. 5 The idea of Mr. Dunant was heard and eventually the
Committee of Five was formed in Geneva sometime in 1864, which later became the
International Committee of the Red Cross. 6 At the time, the Committee of Five came up with a
convention composed of 10 Articles and on this convention the diplomats built upon it the
Geneva Conventions during an international conference of diplomats sometime in 1949. 7 It was
only in 1949 that the IHL took on a stable and formal form.

A significant part of IHL is embodied in the four Geneva Conventions of 1949 and Their
Additional Protocols which was ratified by almost all nations, if not all. 8 These Conventions laid
down the irreducible minimum standard of treatment among the wounded and sick soldiers; the
armed forces at sea who are wounded, sick and shipwrecked; the prisoners of war; and the
civilians.9 These Conventions as well provide for guidelines to safeguard the medical personnel
and the civilian support workers of the military.10

The Conventions will apply in all forms or kinds of a declared war or armed-conflict
between signatory States and even in total or partial occupation by foreign military groups of
another sovereign state despite absence of retaliation by the latter. 11 It will also apply in all

1 What is International Humanitarian Law?. International Committee of the Red Cross. (2022, April 6). Retrieved
June 15, 2022, from https://www.icrc.org/en/document/what-international-humanitarian-law#:~:text=International
%20humanitarian%20law%20(IHL)%20is,means%20and%20methods%20of%20warfare.
2 Supra note no. 2.
3 Blokhina, K. (n.d.). Geneva Conventions and their Additional Protocols. Legal Information Institute. Retrieved June
10, 2019, from https://www.law.cornell.edu/wex/geneva_conventions_and_their_additional_protocols.
4 Supra note no. 2.
5 Summary of the Geneva Conventions of 1949 and Their Additional Protocols. American Red Cross. (2011, April).
Retrieved June 14, 2022, from https://www.redcross.org/content/dam/redcross/atg/PDF_s/International_Services/
International_Humanitarian_Law/IHL_SummaryGenevaConv.pdf.
6 Supra note no. 2.
7 Supra note no. 2.
8 Supra note no. 2.
9 Supra note no. 2.
10 Supra note no. 2.
11 Supra note no. 2.

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forms of armed conflict between two or more contracting states even in the absence of a formal
declaration of war to accommodate a situation that is so impressed with all the characteristics of
war.12 In cases wherein two or more states are at war with each other and not all of them are
signatory to the Conventions, it will still apply when the non-state party concedes.13

Furthermore, it is imperative that the humanitarian principles set out in the Conventions
ratified by nations are incorporated and abided by the nations including providing for the
penalties or sanctions in cases of violations or breaches.14

Another worth-noting feature of the Conventions is its usage of the emblems such as the
Red Cross, Red Crescent, Red Crystal and the Red Shield of David. These symbols are
designed by the early convention in 1864 to serve as a universal emblem of protection that are
easily recognizable in the battlefield. 15 They are intended to identify and protect the “medical
and relief workers”, the “military and civilian facilities”, “mobile units and hospital ships” during
the armed-conflict.16 Notably, the first symbol, the Red Cross, is a reverse of the Swiss flag to
pay tribute to the origin of the Conventions or the IHL itself.17

The Four Conventions were signed on 12 August 1949. The First of the Four
Conventions was entitled “Convention (I) for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field”. 18 It expanded the forerunner 10 Article convention in
1864.19 It is aimed to protect the soldiers who are hors de combat (out of battle).20 Specifically,
its provisions protects the following: (a) “wounded and sick soldiers”; (b) “medical personnel,
facilities and equipment”; (c) “wounded and sick civilian support personnel accompanying the
armed forces”; (d) “military chaplains”; and (e) “civilians who spontaneously take up arms to
repel an invasion”.21

The Second Convention entitled “Convention (II) for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea” 22 translates the protection
provided in the First Convention to the wounded and sick combatants while on board ship or at
sea.23 Specifically, its provisions provide protection on the following: (a) “armed forces members
who are wounded, sick or shipwrecked”; (b) “hospital ships and medical personnel”; and (c)
“civilians who accompany the armed forces”.24

12 Supra note no. 2.

13 Supra note no. 2.
14 Supra note no. 9.
15 Supra note no. 9.
16 Supra note no. 2.
17 Supra note no. 2.
18 The Geneva Conventions and Their Additional Protocols. Organization of American States. (n.d.). Retrieved June
14, 2022, from http://www.oas.org/dil/introductory_course_on_international_humanitarian_2007_ihl_instruments.pdf
19 Supra note no. 2.
20 Blokhina, K. (n.d.). Geneva Conventions and their Additional Protocols. Legal Information Institute. Retrieved
June 10, 2019, from https://www.law.cornell.edu/wex/geneva_conventions_and_their_additional_protocols; and
Summary of the Geneva Conventions of 1949 and Their Additional Protocols. American Red Cross. (2011, April).
Retrieved June 14, 2022, from https://www.redcross.org/content/dam/redcross/atg/PDF_s/International_Services/
International_Humanitarian_Law/IHL_SummaryGenevaConv.pdf.
21 Supra note no. 2.
22 Supra note no. 18.
23 Supra note no. 20
24 Supra note no. 2.

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 The Third Convention entitled “Convention (III) relative to the Treatment of Prisoners of
War”25 is dedicated to the Prisoners of War (POWs) mandating that they must be treated
properly and humanely.26 The following may be considered as POWs: (a) “members of the
armed forces”; (b) “volunteer militia, including resistance movements”; and (c) “civilians
accompanying the armed forces”.27

The Fourth Convention entitled “Convention (IV) relative to the Protection of Civilian
Persons in Time of War” 28 provided for the protection of the civilians in areas where armed
conflict is raging or in occupied territories. 29 It prohibits attacks on civilian hospitals, medical
transports and specifies how occupiers are to treat the civilians in the occupied populace.30

In addition, the Three Protocols were designed to enhance the “protection for the civilian
population as well as military and civilian medical workers in international armed conflicts”;
“elaborates on protections for victims caught up in high-intensity internal conflicts such as civil
wars”; and “ provides for another distinctive emblem: the red crystal” which may be used in
areas where the other emblems such as the Red Cross has religious significance,
respectively.31

The Four Conventions may be dedicated to four distinct subjects or human rights areas,
however, they each have a common provision which is the Article 3 on “Conflicts not of an
international character”.32 In case of an armed conflict that is not international in nature
occurring in the territorial jurisdiction of one of the state-parties, the parties of the conflict is
bound to apply the following uncompromising guidelines33: (a) “it requires humane treatment for
all persons in enemy hands, without discrimination. It specifically prohibits murder, mutilation,
torture, the taking of hostages, unfair trial, and cruel, humiliating and degrading treatment”; (b)
“It requires that the wounded, sick and shipwrecked be collected and cared for”; (c) “it grants the
ICRC the right to offer its services to the parties to the conflict”; (d) “ it calls on the parties to the
conflict to bring all or parts of the Geneva Conventions into force through "special agreements";
and (e) “it recognizes that the application of these rules does not affect the legal status of the
parties to the conflict”.34

It had been a long and arduous journey for the International Humanitarian Laws but the
end results have been pricelessly beneficial for the people across the globe. In the end, the
author of this humble paper concedes with the ancient political scientist who once said that
“there is no victor in war” and is in the highest hopes that IHL will still continue to evolve for the
best as it is evolving at present and continue to play its part in upholding human rights even in
the worst of times such as in armed conflicts.

25 Supra note no. 18.

26 Supra note no. 20.
27 Supra note no. 2.
28 Supra note no. 18.
29 Supra note no. 20.
30 Supra note no. 9.
31 Supra note no. 2.
32 Supra note no. 18.
33 Supra note no. 2.
34 Supra note no. 9.

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