TOPIC: article 89 and article 90 of fourth Geneva convention

The Geneva convention 4 also called fourth Geneva Convention was first adopted in 1949 it was
the aftermath of world war 2. Its purpose is to protect civilians during the time of war, and it
sets the specific rules and guidelines for the treatment of prisoners of war wounded soldiers
and civilians in occupied territories.
Article 89 and 90 of fourth Geneva Convention address the issue of food and clothing for
internees Here is the detailed explanation of the origin and history of theses articles and also
their main significance.

Article 89- Food

It state that
Daily food rations for internees shall be sufficient in quality quantity and variety to keep
internees in good state of health and prevent the development of nutritional deficiently.
Account shall also be taken of the customary diet of the internees. internees shall also be
given the means by which they can prepare for themselves any additional food
Sufficient drinking water shall be supplied to internees the use of tobacco shall be permitted.
Internees who work also provided additional rations in proportion to the kind of labor which
their perform . expectant and nursing mothers and children under fifteen years of age shall
be given additional food in proportional to their physiological need.

This article deal with the issue of food of civilians. As it mentioned the civilians shall be provided
by detaining power with food of the same quality quantity and variety as the troops of the
detaining power who are stationed in the same areas in other words common people are
entitled to the same quality and quantity of food as the soldiers who are holding them captive.
Origin
The origin of this article traces back the early days of warfare when civilians at time .of war are
often subjected to the harsh and inhuman treatment. During the Napoleonic war of early 19
century . civilians were frequently starved or subjected to inadequate diets in order to weaken
their resistance or force them to accept unfavorable terms of surrender. In history there are
lots of other examples where common people face very cruel treatment.
By the time of World War 2 however the issue of food for people at time of war has become
major concern for the international community. The German government was highly criticized
for its treatment of people in many forms the people that held captive in Germany were
subjected to starvation, disease and many other forms of mistreatment. The fourth Geneva
convention adopted in 1949 the first international treaty to provide protection for civilians .
Article 89 was one of key elements of convention that recognizing the importance of providing
the adequate food to the people at time of war as basic human being.

Under article 89 the detaining power is responsible for providing civilians at time of war with
food drinking water and cooking utensils as well as the necessary quantity of salt vinegar or
other seasoning. In addition to these basic provisions article 89 also contain serval important
safeguard to protect the health and well being of people at time of war for example this article
clearly describe the importance to provide the medical care to common man for their proper
health and care to those people who are suffering from any malnutrition and deficiencies.it also
prohibited the use of starvation as a method of interrogation or punishment.

The detaining power should respect the cultural and religious dietary requirements of common
people at time of war to extent possible this mean providing appropriate alternatives or
modification to ensure that civilians religious or cultural dietary practices are respected unless
there are valid security or logistical reason to restrict certain food items.

Overall article 89 of fourth Geneva convention is a critical component of the international Legal
framework for protecting the rights of people at time of war by ensuring that the civilians are
provided with adequate food and other basic necessities this article help to prevent the kind of
inhumane treatment that has historically been associated with the captivity of common people
at time of war.
The detaining power should allow and facilitate inspections by the international committee of
red cross ( ICRC) or any other authorized humanitarian organization to ensure that the
provision regarding food and water for civilians are being respected.
The article 89 of fourth Geneva convention establishes the basic right of civilians to receive
adequate food and water during their captivity. The article require the detaining power to
provide captive civilians at time of war with the same quality, quantity and variety of food as
their own troops who are stationed in the same area. This ensure that civilians are not subject
to hunger, malnutrition or other form of food deprivation.

The provision of adequate food and water is not only basic human right but also key factor in
maintaining physical and mental health of people at time of war. Malnutrition, dehydration,
and other form of food deprivation can lead to serious heath problems including weak immune
system and mental health issues. Moreover the provision of adequate food and water helps to
prevent the use of starvation as a method of punishment or interrogation. in the past civilians
were subjected to starvation to break their will or also to obtain information.

Article 89 prohibits such practices and require the detaining power to take measure to prevent
civilians from stealing or hoarding food.

Article 90 clothing
It states that
When taken into custody, internees shall be given all facilities to provide them. Selves with
the necessary clothing, footwear and change of underwear, and later on, to procure further
supplies if required. Should any internees not have any sufficient clothing, account being
taken of the climate, and be unable to procure an, it shall be provided free of charge to them
by the Detaining power.
The clothing supplied by the Detaining power to internees and the outward marking, and the
outward markings placed on their own clothes shall not be ignominious nor expose them to
ridicule.
Worker shall receive suitable working outfits, including protective clothing whenever the
nature of their work so requires.

the detaining power has the primary responsibility for ensuring compliance with the provisions
of the fourth Geneva convention regarding the clothing of civilians at time of war.
Article 90 of fourth Geneva convention deal with the issue of clothing of civilians. This article
describe that civilians at time of war shall be provided by the detaining power with sufficient
clothing , underwear, footwear to protect them against the rigors of climate and the hazards of
their detention.
This article establish the right of civilians to receive sufficient clothing, underwear and footwear
to protect them from the climate and hazards of their detention. This ensure that common
people at time of war are not subjected to extreme cold or heat as well as other environmental
factors that could compromise their health and well being
Origin
Like article 89 the origin of article 90 can be trace back to the early days of warfare when
prisoners of war often subjected to harsh environment these prisoners of war were given
inhuman treatment during the Napoleonic war of 19 century the civilians at time ofwar face
very cruel treatment.
This article clearly describe that the civilians must given proper clothing. The people that held
captive at time of war must be humanly treated all the time. This include providing them with
adequate clothing suitable for the climate and consistent with their personal dignity. The
detaining power is responsible for ensuring that civilians have sufficient clothing to protect
them from the elements and to maintain their health and well being

The overall principle is to treat civilans with humanity and respect their dignity including in
matters related to clothing. The provision of fourth Geneva convention aim to ensure that
civilians that held captive at time of war are provided with suitable clothing taking into account
their physical need cultural consideration and the climate in which they are detained. The
detaining power is responsible for ensuring that the clothing providing to civilians is suitable for
the climate and condition in which they are held. It should appropriate to protect them from
harsh weather extreme of temperature and any other environmental factor that may pose a
threat to their well being.
References

 https://www.icrc.org/en/docoment/geneva-convention-1949-and-their-additional-
prtocols

 https://traties.un.org/pages/viewDetalis.aspx?src=IND&mtdsg_no=IV-
13&chapter=4&clang=en

 https://icrc.org/en/doc/assets/other/icrc-002-0970.pdf

 https://www.icrc.org/en/doc/assests/filles/other/customary-international-
humanitarian-law-icrc-eng.pdf