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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 A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
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 Conven ...
. 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 other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
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 who ...
at the
Battle of Waterloo The Battle of Waterloo was fought on Sunday 18 June 1815, near Waterloo, Belgium, 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 armie ...
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 A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold priso ...
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 th ...
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 French Army under Napoleon III and Piedmont-Sardinian Army under Victor Emmanuel II (together known ...
in 1859, fought between French-
Piedmontese Piedmontese (; autonym: or , in it, piemontese) is a language spoken by some 2,000,000 people mostly in Piedmont, northwestern region of Italy. Although considered by most linguists a separate language, in Italy it is often mistakenly reg ...
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 List of cities in Switzerland, second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaki ...
, 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. 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 North ...
signed a year later in 1865. The Grand Duchy of Hesse, 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 Protective signs are symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of international humanitarian law (IHL). While their essential meaning can be summarized as "Don't shoot" or "Don't ...
(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 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 ...
"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 Naval warfare is combat in and on the sea, the ocean, or any other battlespace involving a major body of water such as a large lake or wide river. Mankind has fought battles on the sea for more than 3,000 years. Even in the interior of large lan ...
. 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 Conven ...
, 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 Conven ...
*
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 pro ...
*
List of parties to the Geneva Conventions The Geneva Conventions, which were most recently revised in 1949, consist of seven individual treaties which are open to ratification or accession by any sovereign state. They are: *The Geneva Conventions **First Geneva Convention **Second Genev ...
*
Saint Petersburg Declaration of 1868 The Saint Petersburg Declaration of 1868 or in full Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight is an international treaty agreed in Saint Petersburg, Russian Empire, November 29 / December 1 ...


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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