Fourth Geneva

Convention

The Geneva Convention relative to the

Protection of Civilian Persons in Time of
War, more commonly referred to as the
Fourth Geneva Convention and
abbreviated as GCIV, is one of the four
treaties of the Geneva Conventions. It was
adopted in August 1949, and came into
force in October 1950.[1] While the first
three conventions dealt with combatants,
the Fourth Geneva Convention was the
first to deal with humanitarian protections
for civilians in a war zone. There are
currently 196 countries party to the 1949
Geneva Conventions, including this and
the other three treaties.[2]

Parties to Geneva Conventions and Protocols

Parties to GC I–IV and P I–III Parties to GC I–IV and P I–II
[note 1]
Parties to GC I–IV and P I and III
Parties to GC I–IV and P III Parties to GC I–IV and P I
Parties to GC I–IV and no P

The Fourth Geneva Convention only

concerns protected civilians in occupied
territory rather than the effects of
hostilities, such as the strategic bombing
during World War II.[4] The Additional
Protocol I to the Geneva Conventions (AP-
1) finally prohibits all intentional attacks
on "the civilian population and civilian
objects."[5][note 2] It also prohibits and
defines "indiscriminate attacks" as
"incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a
combination thereof, which would be
excessive in relation to the concrete and
direct military advantage
anticipated."[note 3] This rule is referred to
by scholars as the principle of
proportionality.[6][7] Until well after World
War II ended in 1945, the norm of
reciprocity provided a justification for
conduct in armed conflict.[8]

In 1993, the United Nations Security

Council adopted a report from the
Secretary-General and a Commission of
Experts which concluded that the Geneva
Conventions had passed into the body of
customary international humanitarian law,
thus making them binding on non-
signatories to the Conventions whenever
they engage in armed conflicts.[9]
Part I. General provisions

Warsaw 1939 refugees and soldier

This sets out the overall parameters for

GCIV:

Article 2: Application of the

Convention

Article 2 states that signatories are bound

by the convention both in war, armed
conflicts where war has not been declared,
and in an occupation of another country's
territory.

In addition to the provisions

which shall be implemented in
peacetime, the present
Convention shall apply to all
cases of declared war or of any
other armed conflict which may
arise between two or more of
the High Contracting Parties,
even if the state of war is not
recognized by one of them.

The scope of Article 2 is broad:

 Although one of the Powers in
conflict may not be a party to
the present Convention, the
Powers who are parties thereto
shall remain bound by it in their
mutual relations.

In the commentary to the article Jean

Pictet writes:

They [conventions] are coming

to be regarded less and less as
contracts concluded on a basis
of reciprocity in the national
interests of the parties and more
 and more as a solemn
affirmation of principles
respected for their own sake, a
series of unconditional
engagements on the part of each
of the Contracting Parties ' vis-à-
vis ' the others.[10]

Article 3: Conflicts not of an

international character

Article 3 states that even where there is

not a conflict of international character,
the parties must as a minimum adhere to
minimal protections described as: non-
combatants, members of armed forces
who have laid down their arms, and
combatants who are hors de combat (out
of the fight) due to wounds, detention, or
any other cause shall in all circumstances
be treated humanely, with the following
prohibitions:

(a) violence to life and person, in

particular murder of all kinds, mutilation,
cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in
particular humiliating and degrading
treatment;
 (d) the passing of sentences and the
carrying out of executions without
previous judgment pronounced by a
regularly constituted court, affording all
the judicial guarantees which are
recognized as indispensable by civilized
peoples.

Article 4: Definition of protected

persons

Article 4 defines who is protected person:

Persons protected by the

Convention are those who, at a
given moment and in any
manner whatsoever, find
 themselves, in case of a conflict
or occupation, in the hands of a
Party to the conflict or
Occupying Power of which they
are not nationals.

It explicitly excludes "Nationals of a State

which is not bound by the Convention" and
the citizens of a neutral state in the
territory of a belligerent power or nationals
of a co-belligerent state (i.e., allied nation)
if that state has normal diplomatic
relations "within the State in whose hands
they are." Dr. Ola Engdahl wrote "[t]he
purpose of excluding [these] nationals
from the category of protected persons
was that they could rely on diplomatic
protection of the state of nationality.
Persons are either protected persons
under the convention or can benefit from
the diplomatic protection of their state of
nationality."[11]

A number of articles specify how

protecting powers, ICRC and other
humanitarian organizations may aid
protected persons.

The definition of protected person in this

article is arguably the most important
article in this section because many of the
articles in the rest of GCIV only apply to
protected persons.

Article 5: Derogations

Article 5 provides for the suspension of

persons' rights under the convention for
the duration of time that this is "prejudicial
to the security of such State", although
"such persons shall nevertheless be
treated with humanity and, in case of trial,
shall not be deprived of the rights of fair
and regular trial prescribed by the present
Convention."
The common interpretation of article 5 is
that its scope is very limited.[12]
Derogation is limited to individuals
"definitely suspected of" or "engaged in
activities hostile to the security of the
State." In paragraph two of the article, "spy
or saboteur" is mentioned.
Part II. General Protection of
Populations Against Certain
Consequences of War

Article 13: Field of application of part

II

The provisions of Part II cover

the whole of the populations of
the countries in conflict, without
any adverse distinction based, in
particular, on race,
nationality, religion or
political opinion, and are
 intended to alleviate the
sufferings caused by war.

The list of basis on which distinction

might be drawn is not exhaustive.

Article 16: Wounded and Sick:

General Protection

Rule 113 Treatment of the dead.

The obligation to take all
possible measures to prevent the
dead from being despoiled (or
pillaged)
Part III. Status and Treatment
of Protected Persons

Section I. Provisions common to the

territories of the parties to the
conflict and to occupied territories

Article 32: Prohibition of corporal

punishment, torture, etc.

A protected person may not have anything

done "of such a character as to cause
physical suffering or extermination ... the
physical suffering or extermination of
protected persons in their hands. This
prohibition applies to murder, torture,
corporal punishments, mutilation and
medical or scientific experiments not
necessitated by the medical treatment.
While popular debate remains on what
constitutes a legal definition of torture, the
ban on corporal punishment simplifies the
matter; even the most mundane physical
abuse is thereby forbidden by Article 32,
as a precaution against alternate
definitions of torture.

The prohibition on scientific experiments

was added, in part, in response to
experiments by German and Japanese
doctors during World War II of whom
Josef Mengele was the most infamous.
Article 33: Individual responsibility,
collective penalties, pillage and reprisals

No protected person may be

punished for any offense he or
she has not personally
committed. Collective penalties
and likewise all measures of
intimidation or of terrorism are
prohibited.

Pillage is prohibited.

Reprisals against protected

persons and their property is
 prohibited.

Under the 1949 Geneva Conventions,

collective punishment is a war crime. By
collective punishment, the drafters of the
Geneva Conventions had in mind the
reprisal killings of World War I and World
War II. In the First World War, the Germans
executed Belgian villagers in mass
retribution for resistance activity during
the Rape of Belgium. In World War II, both
German and Japanese forces carried out a
form of collective punishment to suppress
resistance. Entire villages or towns or
districts were held responsible for any
resistance activity that occurred at those
places.[13] The conventions, to counter
this, reiterated the principle of individual
responsibility. The International
Committee of the Red Cross (ICRC)
Commentary to the conventions states
that parties to a conflict often would resort
to "intimidatory measures to terrorize the
population" in hopes of preventing hostile
acts, but such practices "strike at guilty
and innocent alike. They are opposed to all
principles based on humanity and justice".

Additional Protocol II of 1977 is about the

protection of victims of non-international
armed conflicts explicitly forbidding
collective punishment. But as fewer states
have ratified this protocol than GCIV, GCIV
Article 33 is the one more commonly
quoted.

Section III. Occupied territories

Articles 47–78 impose substantial

obligations on occupying powers. As well
as numerous provisions for the general
welfare of the inhabitants of an occupied
territory, an occupier may not forcibly
deport protected persons, or deport or
transfer parts of its own civilian population
into occupied territory (Art.49).
Article 49: Deportations, transfers,
evacuations

Article 49. Individual or mass

forcible transfers, as well as
deportations of protected
persons from occupied territory
to the territory of the Occupying
Power or to that of any other
country, occupied or not, are
prohibited, regardless of their
motive.

Nevertheless, the Occupying

Power may undertake total or
partial evacuation of a given
area if the security of the
population or imperative
military reasons so demand.
Such evacuations may not
involve the displacement of
protected persons outside the
bounds of the occupied territory
except when for material
reasons it is impossible to avoid
such displacement. Persons thus
evacuated shall be transferred
back to their homes as soon as
hostilities in the area in
question have ceased.

The Occupying Power

undertaking such transfers or
evacuations shall ensure, to the
greatest practicable extent, that
proper accommodation is
provided to receive the
protected persons, that the
removals are effected in
satisfactory conditions of
hygiene, health, safety and
nutrition, and that members of
the same family are not
separated.

The Protecting Power shall be

informed of any transfers and
evacuations as soon as they
have taken place.

The Occupying Power shall not

detain protected persons in an
area particularly exposed to the
dangers of war unless the
security of the population or
imperative military reasons so
demand.
 The Occupying Power shall not
deport or transfer parts of its
own civilian population into the
territory it occupies.

The reference in the last paragraph to

"deportation", is commonly understood as
the expulsion of foreign nationals, whereas
the expulsion of nationals would be called
extradition, banishment or exile. If ethnic
groups are affected by deportation, it may
also be referred to as population transfer.
Transfer in this case literally means to
move or pass from one place to another.
The ICRC has expressed the opinion, "that
international humanitarian law prohibits
the establishment of settlements, as these
are a form of population transfer into
occupied territory".[14]

Article 50: Children

Article 50. The Occupying Power

shall, with the cooperation of
the national and local
authorities, facilitate the proper
working of all institutions
devoted to the care and
education of children.
The Occupying Power shall take
all necessary steps to facilitate
the identification of children and
the registration of their
parentage. It may not, in any
case, change their personal
status, nor enlist them in
formations or organizations
subordinate to it.

Should the local institutions be

inadequate for the purpose, the
Occupying Power shall make
arrangements for the
maintenance and education, if
possible by persons of their own
nationality, language and
religion, of children who are
orphaned or separated from
their parents as a result of the
war and who cannot be
adequately cared for by a near
relative or friend.

A special section of the Bureau

set up in accordance with
Article 136 shall be responsible
for taking all necessary steps to
identify children whose identity
is in doubt. Particulars of their
parents or other near relatives
should always be recorded if
available.

The Occupying Power shall not

hinder the application of any
preferential measures in regard
to food, medical care and
protection against the effects of
war which may have been
adopted prior to the occupation
in favour of children under
fifteen years, expectant mothers,
and mothers of children under
seven.
Article 51: Recruitment of Protected
persons

The Occupying Power may not compel

protected persons to serve in its armed or
auxiliary forces. No pressure or
propaganda which aims at securing
voluntary enlistment is permitted.

The Occupying Power may not compel

protected persons to work unless they are
over eighteen years of age, and then only
on work which is necessary either for the
needs of the army of occupation, or for the
public utility services, or for the feeding,
sheltering, clothing, transportation or
health of the population of the occupied
country. Protected persons may not be
compelled to undertake any work which
would involve them in the obligation of
taking part in military operations. The
Occupying Power may not compel
protected persons to employ forcible
means to ensure the security of the
installations where they are performing
compulsory labour.

The work shall be carried out only in the

occupied territory where the persons
whose services have been requisitioned
are. Every such person shall, so far as
possible, be kept in his usual place of
employment. Workers shall be paid a fair
wage and the work shall be proportionate
to their physical and intellectual
capacities. The legislation in force in the
occupied country concerning working
conditions, and safeguards as regards, in
particular, such matters as wages, hours
of work, equipment, preliminary training
and compensation for occupational
accidents and diseases, shall be
applicable to the protected persons
assigned to the work referred to in this
Article.

In no case shall requisition of labour lead

to a mobilization of workers in an
organization of a military or semi-military
character.[15]

Article 53: Prohibited destruction

Article 53. Any destruction by

the Occupying Power of real or
personal property belonging
individually or collectively to
private persons, or to the State,
or to other public authorities, or
to social or cooperative
organizations, is prohibited,
except where such destruction is
 rendered absolutely necessary
by military operations.

In The Geneva Conventions of 12 August

1949. Commentary, Jean Pictet writes:

To dissipate any misconception

in regard to the scope of Article
53, it must be pointed out that
the property referred to is not
accorded general protection; the
Convention merely provides
here for its protection in
occupied territory. The scope of
the Article is therefore limited to
destruction resulting from
action by the Occupying Power.
It will be remembered that
Article 23 (g) of the Hague
Regulations forbids the
unnecessary destruction of
enemy property; since that rule
is placed in the section entitled
"hostilities", it covers all
property in the territory
involved in a war; its scope is
therefore much wider than that
of the provision under
discussion, which is only
 concerned with property
situated in occupied territory.[16]

Article 56: Hygiene and public health

Article 56 describes the medical

obligations the occupying power has in the
occupied territory:

To the fullest extent of the

means available to it, the
Occupying Power has the duty
of ensuring and maintaining,
with the cooperation of national
and local authorities, the
medical and hospital
establishments and services,
public health and hygiene in the
occupied territory, with
particular reference to the
adoption and application of the
prophylactic and preventive
measures necessary to combat
the spread of contagious
diseases and epidemics. Medical
personnel of all categories shall
be allowed to carry out their
duties.

If new hospitals are set up in

occupied territory and if the
competent organs of the
occupied State are not operating
there, the occupying authorities
shall, if necessary, grant them
the recognition provided for in
Article 18. In similar
circumstances, the occupying
authorities shall also grant
recognition to hospital
personnel and transport
vehicles under the provisions of
Articles 20 and 21.

In adopting measures of health

and hygiene and in their
 implementation, the Occupying
Power shall take into
consideration the moral and
ethical susceptibilities of the
population of the occupied
territory.

Article 78: Security measures. Internment

and assigned residence. Right of appeal

Article 78 deals with internment. It allows

the occupying power for "imperative
reasons of security" to "subject them
[protected persons] to assigned residence
or to internment". The article does not
allow the occupying power to take
collective measures: each case must be
decided separately.

Part IV. Execution of the

Convention

This part contains "the formal or

diplomatic provisions which it is
customary to place at the end of an
international Convention to settle the
procedure for bringing it into effect are
grouped together under this heading" (1).
They are similar in all four Geneva
Conventions.[17]
Annexes

The ICRC commentary on the Fourth

Geneva convention states that when the
establishment of hospital and safety
zones in occupied territories were
discussed reference was made to a draft
agreement and it was agreed to append it
as an annex I to the Fourth Geneva
Convention.[18]

The ICRC states that "the Draft Agreement

has only been put forward to States as a
model, but the fact that it as carefully
drafted at the Diplomatic Conference,
which finally adopted it, gives it a very real
value. It could usefully be taken as a
working basis, therefore, whenever a
hospital zone is to be established."[18]

The ICRC states that Annex II is a "draft

which, according to Article 109 (paragraph
1) of the Convention, will be applied in the
absence of special agreements between
the Parties, deals with the conditions for
the receipt and distribution of collective
relief shipments. It is based on the
traditions of the International Committee
of the Red Cross which submitted it, and
on the experience the Committee gained
during the Second World War."[19]
Annex III contains an example internment
card, letter and correspondence card:[20]

1. An example internment card with

dimensions of 10 × 15 cm.
2. An example letter with dimensions of
29 × 15 cm.
3. An example correspondence card
with dimensions of 10 × 15 cm.

See also

List of parties to the Geneva

Conventions
Universal Declaration of Human Rights
Globalization
 Human rights
International humanitarian law

Notes

1. On 23 October 2019 Vladimir Putin revoked

Russia's agreement to Protocol I.[3]

2. Article 48
3. Article 51

References

1. "Convention (IV) relative to the Protection

of Civilian Persons in Time of War. Geneva,
12 August 1949" (https://ihl-databases.icrc.
org/applic/ihl/ihl.nsf/INTRO/380) .
International Committee of the Red Cross.
2. "Geneva Convention (IV) on Civilians, 1949"
(https://ihl-databases.icrc.org/applic/ihl/ihl.
nsf/Treaty.xsp?documentId=AE2D398352C
5B028C12563CD002D6B5C&action=openD
ocument) . Treaties, States parties, and
Commentaries. 23 March 2010. Retrieved
28 March 2018.

3. Tolliver, Sandy (20 October 2019). "Russia's

snub of Geneva Convention protocol sets
dangerous precedent" (https://thehill.com/
opinion/international/466531-russias-snub-
of-geneva-convention-protocol-sets-danger
ous-precedent) . The Hill. Retrieved
9 March 2022.
4. Douglas P. Lackey (1 January 1984). Moral
Principles and Nuclear Weapons (https://ar
chive.org/details/moralprinciplesn0000lac
k/page/213) . Rowman & Littlefield. p. 213
(https://archive.org/details/moralprinciples
n0000lack/page/213) . ISBN 978-0-8476-
7116-8.

5. "Protocol Additional to the Geneva

Conventions of 12 August 1949, and
Relating to the Protection of Victims of
International Armed Conflicts (Protocol I),
June 8, 1977" (https://treaties.un.org/doc/P
ublication/UNTS/Volume%201125/volume-
1125-I-17512-English.pdf) (PDF). United
Nations Treaty Series. 1125 (17512).
6. Rabkin, Jeremy (2015).
"PROPORTIONALITY IN PERSPECTIVE:
HISTORICAL LIGHT ON THE LAW OF
ARMED CONFLICT" (https://www.law.gmu.e
du/assets/files/publications/working_pape
rs/LS1501.pdf) (PDF). San Diego
International Law Journal. 16 (2): 263–340.

7. Gardam, Judith. "Protocols Additional to the

Geneva Conventions of 12 August 1949:
Introductory Note" (https://legal.un.org/avl/
ha/pagc/pagc.html) . United Nations.
Audiovisual Library of International Law.
Retrieved 15 December 2022.
8. BENNETT, JOHN (2019). "REAPING THE
WHIRLWIND: THE NORM OF RECIPROCITY
AND THE LAW OF AERIAL BOMBARDMENT
DURING WORLD WAR II" (https://law.unimel
b.edu.au/__data/assets/pdf_file/0009/356
7438/Bennett.pdf) (PDF). Melbourne
Journal of International Law. 20: 1–44.

9. "United Nations Audiovisual Library of

International Law" (http://legal.un.org/avl/h
a/icty/icty.html) . United Nations. Retrieved
15 March 2017. "Though the Tribunal
recognizes that binding conventional law
could also provide basis for its jurisdiction,
it has in practice always determined that
the treaty provisions in question are also
declaratory of custom."
10. "Treaties, States parties, and Commentaries
– Geneva Convention (IV) on Civilians,
1949–53: Commentary of 1958" (https://ihl-
databases.icrc.org/applic/ihl/ihl.nsf/Comm
ent.xsp?action=openDocument&documentI
d=5AA133B15493D9D0C12563CD0042A15
A) . International Red Cross.

11. Ola Engdahl (2007). Protection of

Personnel in Peace Operations: The Role of
the "safety Convention" Against the
Background of General International Law (h
ttps://books.google.com/books?id=OzV4n3
DphsAC&pg=PA106) . Brill Publishers.
p. 106. ISBN 9-7890-0415-4667.
12. Convention (IV) relative to the Protection of
Civilian Persons in Time of War. Geneva, 12
August 1949. COMMENTARY OF 1958 (http
s://ihl-databases.icrc.org/applic/ihl/ihl.nsf/
Comment.xsp?action=openDocument&doc
umentId=12409217CE36C309C12563CD00
42A5E0) , p. 52 (derogations)

13. Keylor, William R., The Twentieth-Century

World and Beyond, Oxford University Press,
New York: 2011.

14. "What does the law say about the

establishment of settlements in occupied
territory?" (https://www.icrc.org/en/doc/res
ources/documents/faq/occupation-faq-051
010.htm) . International Committee of the
Red Cross. 5 October 2010.
15. "Geneva Convention relative to the
Protection of Civilian Persons in Time of
War (2nd part)" (https://www.ohchr.org/en/i
nstruments-mechanisms/instruments/gene
va-convention-relative-protection-civilian-pe
rsons-time-war) . OHCHR. Retrieved
25 October 2022.

16. "Treaties, States parties, and Commentaries

– Geneva Convention (IV) on Civilians,
1949–53: Commentary of 1958" (https://ihl-
databases.icrc.org/applic/ihl/ihl.nsf/COM/
380-600060?OpenDocument) .
International Red Cross.
17. Commentary: Part IV : Execution of the
convention #Section II : Final provisions (htt
ps://www.icrc.org/ihl.nsf/COM/380-60017
2?OpenDocument) . Retrieved 28 October
2008

18. ICRC Commentary: Annex I : Draft

agreement relating to hospital and safety
zones and localities (https://www.icrc.org/i
hl.nsf/COM/380-600183?OpenDocument) .
Retrieved 28 October 2008

19. ICRC Commentary: Annex II : Draft

regulations concerning collective relief (htt
ps://www.icrc.org/ihl.nsf/COM/380-60019
6?OpenDocument) . Retrieved 28 October
2008
20. ICRC Commentary: Annex III Model
internment cards, letters and
correspondence cards (https://www.icrc.or
g/ihl.nsf/COM/380-600204?OpenDocumen
t) . Retrieved 28 October 2008

External links

Rev. Mons. Sebastiao Wikisource

has original
Francisco Xavier dos
text related
Remedios Monteiro v. to this
article:
The State of Goa,
Fourth
Supreme Court of India Geneva
Convention
(https://www.icrc.org/i
hl-nat.nsf/0/a693a13f3cdd399ec12563
b8002b1c41?OpenDocument)
 Committee of the Red Cross: Full text of
GCIV with commentaries (https://www.i
crc.org/ihl.nsf/INTRO/380?OpenDocum
ent)
Text of the Fourth Geneva Convention
(PDF) (https://www.icrc.org/applic/ihl/ih
l.nsf/Treaty.xsp?documentId=AE2D3983
52C5B028C12563CD002D6B5C&action
=openDocument)

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