Sanctions and Enforcement of the Humanitarian Law of The Four Genera Conventions of 1949 and Geneva Protocol I of 1977

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Sanctions and Enforcement of the Humanitarian Law of The Four Genera Conventions of 1949 and Geneva Protocol I of 1977

I. INTRODUCTION

The four Geneva Conventions of 1949. embrace the substance of that body of public international law known as the humanitarian laTv of armed conflict Their purpose. in essence. 1s to provide minimum protections, standards of humane treatment. and fundamental gua-rantees of respect to Indi\iduals who become victims of armed eonflicta. The Geneva Comentians are designed to protect individuals who are affected by bur are not direct13 engaged in armed hostilities as veil as farmer combatants ~n armed conflicts who by reason of injury, illness or caprure are placed harm de combat. that is, outside of and unable to participate furtherin theconflict. Infourhundredand tnenty-nine articles, these international covenants set forth a wide range of general principles and specific rules gorerning the treatment to be accorded to individuals, and in some circumstances tothe whole of a region's population. in times of armed conflict. To effect these protections of iictims of armed hostilities. the Conventions

*Judge Advoeate Generay9 Corps. United States Army Currently attending 32d Judse Advocate Officer Graduate Course. 1983-84 Foimerl~ Contract Attormi. Mohhfy Equipment Research and Dmelopment Command. Fbrr Beivor Yirgini, 1980-83 Post Judge Advocate. Legal Advnar io Cuban Refugee Operation Task Force, Fort McCoy. W~lseonsin, 1979-80 TrlnlCaumel Defense Counsel 2d Armored Division (Forward) Garlafadt. Federal Republic of Germany and Headquartera, Southern European Task Farce. Vincmca.ltaly 1976-79 LL M .GeorneWashmnon UnweriitT. 1933 J D . Crewhton Unlvermt\. 1976 B.A.

Universitv ai 10u.s 1973

Completeh Judge Adwmtebffmr Basic &ur$e, 1976. Member mi the bars ai the BIB~PSof lows. Illinois. and Nebraska.

Thx aitide mi adapted {ram a thesin submitted ~n Partial satisfaction of degree reqnirements I" the LL.M program I" Inteinational Law atThe George aarhinglan rn,vers,ty.

'Geneva Comenflon forrhe Amilioratian oifhe Condifionofthe Wavndedand Sick m Armed Form m the Field Aug. 12.1949 (1956)6U.S.T 3114 TI A S So 3362, 75 U N.T S 31 [hereinaftereired 8%

First GenevaConventionl GenevaConventioniar the Amelioration af the Condition of the Wounded Siekand Shiparecked Membersof Armed Forces st Sea. Aug 12. 1949 (1956) 6 U.S.T. 3217 TI A S No 3363 75 U S.T S 31 [hereinafter cited BP Second Genera Convention], Geneva Conrenttan Relatire to the Treatment af Piisonera of War. Aue 12.1949. (1956) 6 U S T 3316, T I AS. Na 3364, 75 U.N T S. 135 [hermailer cited as Third Genera Conrentmn]: Geneva Canrention RelativatotheProtectian olCivilian Persons ~n Timeof War. Aug 12,1949.(1956160 8 T 3516.T.I.A S. No 3365,71U.NT.S.287[hareinafferelfeda~ Fourth Genera Canrenfmn].

establish norms of behavior for individuals and nations, substantive penal rules, and procedural Implementation and enforcement responsibilities for states.

The "Protocol Additional to the Geneva Conventions of 12 August 1919. and Relating to the Protection of Victims of International Armed Conflicts" (Protocol 1Y embodies the most recent advances made through the continuing endearors of the international community to formulate meaningful and effective measures for enforcement of the international humanitarian law of armed confhct. Protocol I is supplementary to rather than a recodification of. the Genera Conventions of 1949 As stated in it3 preamble. the intended function of Protocol I may be considered to hale two aspects'first. to reaffirm and to de\elop the normative provisions of the humanitarian law which protect \ictims of armed conflicts and. second to supplement those measures contained in the humanitarian law which are intended to reinforce the application of Its protective provisions by states? 4 substantial number of Protocol 1's one hundred-two articles promote the first aspect of its goal by enacting enhanced standards of conduct and of responsibility both for states and for Individuals. Other articles promote the latter aspect of Its function by instituting additional procedural mechanisms which are designed to increase effectiveness ~n the implementation and enforcement of the humanitarian law of armed conflict. In the final analysis. howler. the essential purpose of Protocol I E the same as that of the Genera Conventions to minimize unnecessary destruction of human and material values in situations involvingarmed hostilities. The incorporation of more explicit standards of conduct and more effective implementation and enforcement measures in the humanitarian laa canonlyresult ~n the realization ofmoremeanmeful protections by a greater number of individuals who fall victim to situations of armed conflict.

The four Genera Concentions of 1949 were opened for signatureon August 12. 1949 and entered into force on October 21, 1950: As of

PPiarocol I art 1131'Id. at Prasrnhle. pala 3&The Law of Armed Conflictl. A Collectian of Conientioni. Resalvtioni and Other Documents 299-629 (D Sehmdlsr & d Taman eds 2d rev. & completed ed 19811...

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