Geneva conventions is known for establishing the standards of international law for humanitarian treatment in war or can be said as the treaty for prisoners of war.it can also be termed as the treaty for providing aid in war zone.it was first formulated in Geneva. The Geneva conventions is applied only in times of armed conflict which seek to protect the sick and wounded person of armed forces on the field ,prisoners of war and civilians too. There is presence of three protocols in this conventions:-
1. Protocol I (1997) relating to protection f victims of international armed conflicts.
2. Protocol II (1997) relating to protection of victims of non-international armed conflicts
3. Protocol III (2005) relating to the adoption of an additional distinctive emblem.
Article 2 of the Geneva conventions is applied to all cases of international conflict, where at least one of the nation is signatory of this convention or have ratified this conventions. This is applied to all cases or declared war signatory nations or between the two signatory nations, it is also applied to all the situations which has the characteristics of war without the existence of a formal declaration of war. It is applied when the opposing nation is not a signatory. When the criteria of international conflict have been met, the full protections of the conventions are considered to apply.
Article 3 of this conventions talk about the conflict relating to non-international armed forces which means that it is applied to conflicts between the government and rebel forces, or between two rebel forces, or to other conflicts that have all the characteristics of war, whether carried out within the confines of one country of not.
As a whole this conventions is for the persons taking no active part in the hostilities, including members of armed forces who have laid down their arms, wounded, sick or who are detained shall in all circumstances be treated humanely, without any distinction based on race, colour, religion, sex, birth or wealth, or any other criteria. This convention talks about the prohibition of certain things like violence to life and persons, taking of hostages, outrage upon the dignity and the passing of sentences and carrying out of execution without previous judgment pronounced by a regularly constituted court and this conventions also states that wounded and sick shall be collected and cared for. As this convention is helpful for the prisoners of war and civilians too who are caught during the war or even when there is no actual war or when the circumstances are like the war or there is a cold war.
Recently ,the application of this conventions was observed in the case of wing commander Abhinandan ,a member of Indian Air Force, the person who after the ejection from Mig-21 felt into the territory of Pakistan ,where he was detained by the armed forces of Pakistan and was also saved from the mob lynching by civilians and was given proper medical treatment and was also handed over to India according to the Geneva conventions, where we saw that how this convention was applied without any interference.
It has been helpful for many persons till now and will be helpful in future too and there will be a continuous amendment in it according to the need of time.
Author:
DHARAM DEEPAK VISHWASH
Central University Of South Bihar
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