Why are the Geneva Conventions crucial now more than ever?
Ever since their ratification more than seventy years ago, the tenets of the Geneva Conventions have been integral in protecting the rights of all those affected by international armed conflict. They have often been acclaimed for laying the foundation for the international community to have a guide to properly advocate for those affected by violent conflicts. However, in recent years, the principles of the Conventions have been left violated routinely to the dismay of humanitarians and lawmakers alike.
One reason for this crisis is the way in which war tactics have evolved beyond the traditional armies and battlefields. Now, battles are being fought for the sole purpose of gaining the upper hand over the enemy side, irrespective of location or civilian presence. Even more alarming is the purposeful targeting of sanctuaries such as hospitals and schools by warring factions. This is particularly reprehensive as it goes against the very foundations of the Geneva Conventions that stress the protection of medical staff and civilians. Thus, it is clear that the international community must make stronger efforts to guarantee international humanitarian legal framework is either upheld in its current state or modified to accommodate modern war tactics.
Heading into conference, consider how you can address the implications of neglecting the Geneva conventions and how to ensure international humanitarian law (IHL) is successfully upheld across the globe. As conflicts continue to threaten the safeties of civilians and with new technologies such as artificial intelligence changing the way modern conflicts are handled, it is important for legal frameworks such as the Geneva Conventions to be applicable and universally respected.
Here's a question to discuss in the comments: As discussed in the topic synopsis, it is often difficult to attribute violations of IHL due to the fragmented, guerilla nature of modern warfare, where hundreds of militias and other groups may be party to the conflict. Because of this, does IHL have any practical use in these uncertain times? What are alternate methods of enforcement that could help with this issue?
https://www.un.org/press/en/2019/sc13917.doc.htm
The Republic of Korea (ROK) has recognized the dire need in enforcing humanitarian laws and regulations, and has previously given a statement at the 2009 UN General Assembly Debate on the Responsibility to Protect (R2P) to show their support. The ROK believes that the primary responsibility belongs to the government itself, while the international community lies second in solving these issues. Furthermore, safeguarding specific health facilities in areas of underdeveloped nations is one method that the ROK believes will take the international community a step closer to ensuring the safety of medical staffs and citizens mentioned in the Geneva Conventions. This has the potential to work as a short-term solution, because focusing on countries one step at a time, starting with those such as Sri-Lanka, Pakistan, and Syria, with over 80% of citizens living below the poverty line, the international community would work together in establishing new regulations for the future. We look forward to discussing with you all in committee, and can't wait to hear all the solutions that will be discussed!
ReplyDeleteKarishma and Hannah (Republic of Korea).
The Delegation of Portugal recognizes the rising international concerns over the relevance and enforcement of the Geneva Conventions. Portugal firmly believes that international humanitarian law (IHL) remains an important part of the global order. We have stated on numerous occasions that we support measures like the International Humanitarian Fact-Finding Commission, and we have voted to ratify the Additional Protocols of 1977 and 2005 to the Geneva Conventions.
ReplyDeleteAlthough there have been some prominent instances of IHL being violated, it is far more often respected and applied. As noted by the president of the International Committee of the Red Cross, Peter Maurer, “We are not talking about a global disrespect… [There are] hundreds and thousands of situations where the law is respected.” However, a lack of enforcement and international oversight remain prominent issues, and Portugal recognizes that these concerns must be addressed to ensure that all nations follow IHL and the Geneva Conventions. On a national level, states should be encouraged to enforce IHL using their own legal systems and dispute resolution mechanisms. If needed, the United Nations and other international bodies can step in. Particularly egregious war crimes, particularly if they impact multiple member states, should be investigated by an international court or tribunal. UN organizations like the Security Council could also take measures to compel states to comply with IHL.
In Portugal, for instance, we have implemented several measures to protect victims of armed conflict and uphold IHL at the national level. Portuguese authorities frequently collaborate with the Portuguese Red Cross, and we have established a permanent consultation mechanism to review relevant matters and enforce resolutions and pledges. Portugal and the Portuguese Red Cross have made specific pledges at the International Conference of the Red Cross and Red Crescent, such as a pledge to establish a national committee on IHL in our nation. We hope nations will follow our example in upholding the sanctity of IHL and the Geneva Conventions.
- Delegation of Portugal
Works Cited
Carvalho, Sergio. “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts.” 75th Session of the Sixth Committee. https://www.un.org/en/ga/sixth/75/pdfs/statements/protocols/12mtg_portugal.pdf
“Geneva Conventions at 70: More Enforcement Needed.” Deutsche Welle, www.dw.com/en/geneva-conventions-at-70-more-enforcement-needed/a-49930215.
“The Rules of War.” International Committee of the Red Cross, 9 Oct. 2019, www.icrc.org/en/document/ihl-rules-of-war-FAQ-Geneva-Conventions.
As a fellow ratifier of the Geneva Conventions, Norway concurs that the Geneva Conventions are more crucial and relevant now than ever. We are in dismay of how the principles enshrined within these conventions have been neglected at large by perpetrators of attacks on healthcare facilities and their workers. Looking back fondly upon the first ever Geneva Convention of 1864 which mentions the fundamentals of these principles, Norway believes that its values in essence should be upheld during times of conflict; however, flexibility and adaptability are key to this fragmented guerrilla style of war. With that said, Norway urges both state and non-state actors to adhere to the Geneva Conventions, as doing so will allow for resolution on this widely debated issue. If the values within the Geneva Conventions are not upheld, it would not only implicate innocent civilians but subvert the very meaning of an international community. An international community is not truly international if we don't account for the voices of nations truly harmed by attacks on their medical infrastructure. That is why, as the peace-regulating agent of the globe, we must protect the ones who help us during times of dire need—the medics—as dictated by IHL and the Geneva Conventions; even if it seems hard to follow at times in times of conflict, it is exactly during these times we must follow these principles to protect those most in dire need by instating proper protocols that embody the very essence of the Geneva Conventions. -Norway
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