First Geneva Convention
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The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts." After the first treaty was adopted in 1864, it was significantly revised and replaced in 1906, 1929, and finally 1949. It is inextricably linked to the
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
, which is both the instigator for the inception and enforcer of the articles in these conventions.


History

The 1864 Geneva Convention was instituted at a critical period in European political and military history. Elsewhere, the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
had been raging since 1861, and would ultimately claim between 750,000 and 900,000 lives. Between the fall of
Napoleon Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader wh ...
at the
Battle of Waterloo The Battle of Waterloo was fought on Sunday 18 June 1815, near Waterloo (at that time in the United Kingdom of the Netherlands, now in Belgium). A French army under the command of Napoleon was defeated by two of the armies of the Sevent ...
in 1815 and the rise of his nephew in the Italian campaign of 1859, the powers had maintained peace in western Europe. Yet, with the 1853–1856 conflict in the Crimea, war had returned to Europe, and while those troubles were "in a distant and inaccessible region" northern Italy was "so accessible from all parts of western Europe that it instantly filled with curious observers;" while the bloodshed was not excessive the sight of it was unfamiliar and shocking. Despite its intent of ameliorating the ravages of war, the inception of the 1864 Geneva Convention inaugurated "a renewal of military activity on a large scale, to which the people of western Europe…had not been accustomed since the first Napoleon had been eliminated." The movement for an international set of laws governing the treatment and care for the wounded and prisoners of war began when relief activist
Henry Dunant Henry Dunant (born Jean-Henri Dunant; 8 May 182830 October 1910), also known as Henri Dunant, was a Swiss humanitarian, businessman, and social activist. He was the visionary, promoter, and co-founder of the Red Cross. In 1901, he received the ...
witnessed the
Battle of Solferino The Battle of Solferino (referred to in Italy as the Battle of Solferino and San Martino) on 24 June 1859 resulted in the victory of the allied Second French Empire, French Army under Napoleon III and Kingdom of Piedmont-Sardinia, Piedmont-Sard ...
in 1859, fought between French- Piedmontese and
Austrian Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Something associated with the country Austria, for example: ...
armies in Northern Italy. The subsequent suffering of 40,000 wounded soldiers left on the field due to lack of facilities, personnel, and truces to give them medical aid moved Dunant into action. Upon return to
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situa ...
, Dunant published his account ''Un Souvenir de Solferino''. He urged the calling together of an international conference and soon co-founded with the Swiss lawyer Gustave Moynier, the International Committee of the Red Cross in 1863. The
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
(ICRC), while recognising that it is "primarily the duty and responsibility of a nation to safeguard the health and physical well-being of its own people", knew there would always, especially in times of war, be a "need for voluntary agencies to supplement…the official agencies charged with these responsibilities in every country." To ensure that its mission was widely accepted, it required a body of rules to govern its own activities and those of the involved belligerent parties. Only one year later, the Swiss government invited the governments of all European countries, as well as the United States, Brazil, and Mexico, to attend an official diplomatic conference. Sixteen countries sent a total of twenty-six delegates to Geneva. The meeting was presided over by General
Guillaume Henri Dufour Guillaume Henri Dufour (15 September 178714 July 1875) was a Swiss military officer, structural engineer and topographer. He served under Napoleon I and held the Swiss office of General four times in his career, firstly in 1847 when he led the ...
. The conference took place in the Alabama room at Geneva's Hotel de Ville (city hall) on 22 August 1864. The conference adopted the first
Geneva Convention upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
"for the Amelioration of the Condition of the Wounded in Armies in the Field". Representatives of 12 states signed the convention: * * * * * * * * * * * * The United Kingdom of Norway and Sweden signed in December. The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
signed a year later in 1865. The
Grand Duchy of Hesse The Grand Duchy of Hesse and by Rhine (german: link=no, Großherzogtum Hessen und bei Rhein) was a grand duchy in western Germany that existed from 1806 to 1918. The Grand Duchy originally formed from the Landgraviate of Hesse-Darmstadt in 18 ...
, the
Kingdom of Bavaria The Kingdom of Bavaria (german: Königreich Bayern; ; spelled ''Baiern'' until 1825) was a German state that succeeded the former Electorate of Bavaria in 1805 and continued to exist until 1918. With the unification of Germany into the German ...
and
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
signed in 1866 following the conclusion of the Austro-Prussian War. The
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
signed in 1882. The original document is preserved in the Swiss Federal Archives in
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
. In the past it has been loaned to the International Red Cross and Red Crescent Museum in Geneva.


Application

The convention "derived its obligatory force from the implied consent of the states which accepted and applied them in the conduct of their military operations." Despite its basic mandates, listed below, it was successful in effecting significant and rapid reforms. This first effort provided only for: # the immunity from capture and destruction of all establishments for the treatment of wounded and sick soldiers, # the impartial reception and treatment of all combatants, # the protection of civilians providing aid to the wounded, and # the recognition of the Red Cross symbol as a means of identifying persons and equipment covered by the agreement.


Summary of provisions and revisions

The original ten articles of the 1864 treaty have been expanded to the current 64 articles. This lengthy treaty protects soldiers that are hors de combat (out of the battle due to sickness or injury), as well as medical and religious personnel, and civilians in the zone of battle. Among its principal provisions: * Article 12 mandates that wounded and sick soldiers who are out of the battle should be humanely treated, and in particular should not be killed, injured, tortured, or subjected to biological experimentation. This article is the keystone of the treaty, and defines the principles from which most of the treaty is derived, including the obligation to respect medical units and establishments (Chapter III), the personnel entrusted with the care of the wounded (Chapter IV), buildings and material (Chapter V), medical transports (Chapter VI), and the protective sign (Chapter VII). * Article 15 mandates that wounded and sick soldiers should be collected, cared for, and protected, though they may also become prisoners of war. * Article 16 mandates that parties to the conflict should record the identity of the dead and wounded, and transmit this information to the opposing party. * Article 9 allows the International Red Cross "or any other impartial humanitarian organization" to provide protection and relief of wounded and sick soldiers, as well as medical and religious personnel. Due to significant ambiguities in the articles with certain terms and concepts and even more so to the rapidly developing nature of war and military technology, the original articles had to be revised and expanded, largely at the Second Geneva Conference in 1906 and Hague Conventions of 1899 and 1907 which extended the articles to maritime warfare. The 1906 version was updated and replaced by the 1929 version when minor modifications were made to it. It was again updated and replaced by the 1949 version, better known as the Final Act of Geneva Conference, 1949. However, as Jean S. Pictet, Director of the International Committee of the Red Cross, noted in 1951, "the law, however, always lags behind charity; it is tardy in conforming with life's realities and the needs of humankind", as such it is the duty of the Red Cross "to assist in the widening the scope of law, on the assumption that…law will retain its value", principally through the revision and expansion of these basic principles of the original Geneva Convention. For a detailed discussion of each article of the treaty, see the original text and the commentary. There are currently 196 countries party to the 1949
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
, including this first treaty but also including the other three.


See also

*
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
*
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
*
International humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war ('' jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by pr ...
* List of parties to the Geneva Conventions * Saint Petersburg Declaration of 1868


References


Further reading

* Chandler P. Anderson, "International Red Cross Organization", ''The American Journal of International Law'', 1920 * Richard Baxter, "Human Rights in War", ''Bulletin of the American Academy of Arts and Sciences'', 1977 * Bennett, Angela, "The Geneva Convention, the Hidden Origins of the Red Cross", Sutton Publishing, 2005 * George B. Davis, "The Geneva Convention", ''The American Journal of International Law'', 1907 * Jean S. Pictet, "The New Geneva Conventions for the Protection of War Victims", ''The American Journal of International Law'', 1951 *
Francis Lieber Francis Lieber (March 18, 1798 or 1800 – October 2, 1872), known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an ''Encyclopaedia Americana''. He was the author of the Lieber Code duri ...
,
INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD
, Lincoln General Orders, 24 April 1863.


External links




150 years of the 1864 Geneva Convention – 150 years of humanitarian action
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