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The closest thing to a global standard for the ethical conduct of war can be found in the protocols known as the Geneva conventions. They emerged out of a sense of common humanity and moral revulsion at the human consequences of war in the second half of the 19th century. Although concern for moral restraint in war can be traced back through Islamic and Christian teaching, the Geneva conventions codified and globalized the principles by which war can and should be limited by internationally recognized, globally accepted norms. First conceived in an era when interstate wars were fought between armies deployed on open battlefields, the scope of these conventions has enlarged in tandem with the evolution of modern warfare.

Conventions and Protocols

The Geneva conventions consist of four conventions in all plus two key additional protocols. Central to each is the concept of “protected persons”—persons who, by virtue of their incapacitation, or civilian or noncombatant status, present no direct and immediate military threat and are therefore entitled to guarantees of personal safety, medical treatment, and safe passage. Inspired by Swiss businessman Henri Dunant, founder of the International Committee of the Red Cross (ICRC), the seminal 1864 convention codified the principle of neutrality to allow medical personnel to treat the sick and wounded on all sides even on the field of battle. This first Geneva convention gave legal protections to injured combatants who had either left the field or who could not sustain hostilities. It specifically prohibited acts that are today explicitly stated as war crimes and crimes against humanity in the Rome Statute, including a prohibition against summary execution, torture, and “humiliating and degrading treatment.”

Three more conventions followed: The second in 1906 accorded protected status to shipwrecked and wounded sailors, the third in 1929 established the rights of prisoners of war, and a fourth in 1949 gave protection to civilians in combat zones and areas under military occupation. This fourth convention was a direct reaction to the civilian atrocities of World War II and is today regarded as synonymous with the Geneva conventions as a whole. Recognizing the complexities of intrastate conflicts in the era of decolonization and cold war, in 1977 two additional protocols came into force addressing international and noninternational armed conflicts that extended protections to civilians and combatants in wars of liberation or secession. A total of 194 countries ratified the Geneva conventions as of 2010, while the first and second protocols attracted 170 and 165 ratifications, respectively. The United States is notable among those countries that have signed but not ratified the Geneva protocols. Even so, the moral force of both these documents is acknowledged under U.S. law.

Moral and Legal Reach

Tension exists between the moral universalism embodied in the Geneva conventions and the in bello (war-related) actions of signatory governments. It was not uncommon for the rights of captured soldiers to be ignored by all sides in both the European and Pacific theaters during World War II. Japan withdrew from the conventions in the 1930s only to be held accountable on its defeat in 1945 for war crimes committed against Allied servicemen and the civilian populations of occupied Asian and Pacific states; these were crimes framed largely by the conventions. Allied bombing campaigns against Germany and Japan, including the nuclear bombings of Hiroshima and Nagasaki, ran contrary to the spirit and intent of the Geneva and Hague conventions. The expansion of civilian protections since 1949 was both a recognition and a reaffirmation of the principle that civilians should not be targeted for strategic advantage. It was also however a response to the proliferation of small wars where the distinctions between combat and civilian zones dissolved in the context of guerilla and counter-insurgency campaigns.

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