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3 Geneva Convention on the Treatment of Prisoners of War. Third Geneva Convention (1929). Separate categories of civilians

Adopted on 12 August 1949 by the Diplomatic Conference for the Drafting of International Conventions for the Protection of Victims of War, meeting at Geneva from 21 April to 12 August 1949

Section I. General Provisions

Article 1

The High Contracting Parties undertake to observe and enforce this Convention in all circumstances.

Article 2

Apart from the provisions which shall take effect in time of peace, the present Convention shall apply in the event of a declared war or any other armed conflict arising between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply in all cases of occupation of all or part of the territory of a High Contracting Party, even if that occupation meets no armed resistance.

If one of the Powers in conflict is not a party to this Convention, the Powers participating therein shall nevertheless remain bound by it in their mutual relations. Moreover, they will be bound by the Convention in respect of the aforesaid Power, if the latter accepts and applies its provisions.

Article 3

In the event of an armed conflict not of an international character arising in the territory of one of the High Contracting Parties, each of the Parties to the conflict shall be bound to apply at least the following provisions:

1. Persons who do not directly take part in hostilities, including those members of the armed forces who have laid down their arms, as well as those who have ceased to take part in hostilities due to illness, injury, detention or for any other reason, must in all circumstances be treated humanely without any discrimination based on race, colour, religion or creed, sex, origin or property or any other similar criteria.

To this end, the following actions in relation to the above persons are prohibited and will always and everywhere be prohibited:

but) encroachment on life and physical integrity, in particular, all types of murder, mutilation, cruel treatment, torture and torment,

b) taking hostages,

c) infringement of human dignity, in particular, insulting and degrading treatment,

d(a) Conviction and application of punishment without prior judicial decision rendered by a duly constituted court, with judicial guarantees recognized as necessary by civilized nations.

2. The wounded and sick will be picked up and assisted.

An impartial humanitarian organization such as the International Committee of the Red Cross can offer its services to parties in conflict.

In addition, the Parties to the conflict shall endeavor, by means of special agreements, to give effect to all or part of the remaining provisions of this Convention.

The application of the foregoing provisions will not affect the legal status of the parties to the conflict.

Article 4

A. Prisoners of war, within the meaning of this Convention, are persons who have fallen into the power of the enemy and belong to one of the following categories:

1. Personnel of the armed forces of a party to the conflict, as well as personnel of the militia and volunteer detachments that are part of these armed forces.

2. Members of other militias and voluntary groups, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, if these militias and voluntary groups, including organized movements resistance, meet the following conditions:

a) are headed by a person responsible for their subordinates,

b) have a specific and clearly visible from a distance distinctive sign,

c) openly carry weapons,

d) observe in their actions the laws and customs of war.

3. Members of regular armed forces who consider themselves subordinate to a government or authority not recognized by the Detaining Power.

4. Persons who follow the armed forces but are not directly members of them, such as, for example, civilian members of the crews of military aircraft, war correspondents, suppliers, personnel of work teams or services entrusted with the welfare of the armed forces, provided that they have received permission to do so from the armed forces they accompany, for which purpose these latter must issue to them an identity document of the form attached.

5. Crew members of merchant marine ships, including captains, pilots and cabin boys, and civil aviation crews of parties to the conflict who do not enjoy more favorable treatment by virtue of any other provisions of international law.

6. The population of the unoccupied territory, which, at the approach of the enemy, spontaneously, on its own initiative, takes up arms to fight the invading troops, without having had time to form into regular troops, if they openly bear arms and observe the laws and customs of war.

B. The following persons shall be treated in the same way as prisoners of war in accordance with this Convention:

1. Persons belonging to or who have belonged to the armed forces of an occupied country, if the occupying power considers it necessary for reasons of their belonging to interne them, even if it first released them, while hostilities were taking place outside the territory it occupied, especially when these persons unsuccessfully tried to join the armed forces to which they belong and which take part in hostilities, or when they did not comply with a challenge made for the purpose of their internment.

2. Persons belonging to one of the categories enumerated in this Article who have been received on their territory by neutral or non-belligerent Powers and whom those Powers are to be interned in accordance with international law, unless they prefer to accord them more favorable treatment; however, these persons are not subject to the provisions of articles 8, 10, 15, paragraph five of article 30, articles 58-67, 92, 126, and in cases where diplomatic relations exist between the parties to the conflict and the neutral or non-belligerent power concerned , as well as the provisions of the Articles concerning the Protecting Powers. Where such diplomatic relations exist, the parties to the conflict on whom those persons are listed shall be permitted to exercise in respect of them the functions of Protecting Power provided for in this Convention, without prejudice to those functions which those parties normally exercise under the diplomatic and consular practice and treaties.

C. This article shall in no way affect the status of medical and religious personnel provided for in article 33 of this Convention.

Article 5

This Convention shall apply to the persons referred to in Article 4 from the moment they fall into the hands of the enemy until their final release and repatriation.

In the event that, in respect of persons who have taken part in hostilities and have fallen into the hands of the enemy, there is doubt that they belong to one of the categories listed in Article 4, such persons shall enjoy the protection of this Convention as long as they the position will not be determined by the competent court.

Article 6

In addition to the agreements specifically provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties will be able to conclude other special agreements on any issue which they would deem it appropriate to deal with in particular. No special agreement shall prejudice the position of prisoners of war established by this Convention, nor limit the rights which it accords them.

Prisoners of war shall continue to enjoy the benefits of these agreements for as long as the Convention is applicable to them, unless other conditions are expressly included in the above or later agreements, and likewise unless more favorable conditions are granted to them by one or the other Party to the conflict.

Article 7

In no event shall prisoners of war be able to waive, in whole or in part, the rights afforded to them by this Convention and the special agreements provided for in the preceding article, if any.

Article 8

The present Convention shall be applied with the assistance and under the control of the Protecting Powers entrusted with the protection of the interests of the parties to the conflict. To this end, the Protecting Powers will be able, in addition to their diplomatic or consular staff, to appoint delegates from among their own nationals or nationals of other neutral Powers. The appointment of these delegates must be subject to the consent of the power under which they will carry out their mission.

The Parties to the conflict will facilitate, to the maximum extent possible, the work of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall in no case exceed the scope of their mission as defined by this Convention; they must, in particular, take into account the pressing security needs of the State in which they exercise their functions.

Article 9

The provisions of this Convention shall not preclude humanitarian action which the International Committee of the Red Cross or any other impartial humanitarian organization may undertake to protect and assist prisoners of war, with the consent of the parties concerned to the conflict.

Article 10

The Contracting Parties may at any time enter into an agreement to entrust to some organization representing the full guarantee of impartiality and efficiency the duties imposed by this Convention on the Protecting Powers.

If prisoners of war are not, or have ceased to be, for any reason, the activities of any Protecting Power or organization referred to in the first paragraph, the Power in whose possession the prisoners of war are located must request the neutral State or such organization to assume the functions carried out, in accordance with this Convention, by the Protecting Power designated by the Parties to the conflict.

If protection cannot be secured in this manner, the Power in whose power the prisoners of war are held must apply to some humanitarian organization, such as. for example, the International Committee of the Red Cross, or, subject to the provisions of this article, accept an offer by such an organization to take over the humanitarian functions performed under this Convention by the Protecting Powers.

Any neutral Power, or any organization invited by the Power concerned, or offering itself for these purposes, must act with a sense of responsibility towards a Party to the conflict which has the protection of this Convention and give sufficient assurance that it is in be able to assume the relevant functions and perform them impartially.

The foregoing provisions may not be violated by special agreements between Powers when one of these Powers, even temporarily, is restricted in its ability to freely negotiate with another Power or its allies by virtue of the military situation, especially in cases where the whole or a significant part of the territory of this Power occupied.

Whenever a Protecting Power is mentioned in this Convention, that designation also means the organizations replacing it under this Article.

Article 11

The Protecting Powers, in all cases where they consider it beneficial to the interests of the protected persons, in particular in the event of a disagreement between the parties to the conflict concerning the application or interpretation of the provisions of this Convention, will use their good offices to settle the difference.

To this end, each of the Protecting Powers may, at the request of one of the Parties or on its own initiative, invite the Parties to the conflict to organize a meeting of their representatives, and in particular the authorities entrusted with the care of prisoners of war, possibly in a neutral, appropriately chosen territory. The parties to the conflict are obliged to give way to the proposals that will be made to them in this sense. The Protecting Powers may, if necessary, submit for the approval of the parties to the conflict a person belonging to a neutral Power or a person delegated by the International Committee of the Red Cross who will be invited to participate in this meeting.

States that [ ]

Provisions concerning the treatment of prisoners of war are contained in the Hague Conventions of 1899 and 1907. During the First World War, these rules revealed a number of shortcomings and inaccuracies. These shortcomings and inaccuracies were partly overcome by special agreements concluded between the belligerents in Bern in 1917 and 1918. In 1921, at the Geneva Conference of the International Red Cross, a desire was expressed to adopt a special convention on the treatment of prisoners of war. The International Red Cross prepared a draft convention, which was presented at the Diplomatic Conference in Geneva in 1929. The Convention did not replace, but completed and brought together the provisions of the Hague Rules. The most important innovations were the prohibition of reprisals and collective punishment for prisoners of war, the rules for organizing the work of prisoners of war, the appointment of representatives and control by the protecting powers

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    Subtitles

General provisions

Article 1: Makes direct reference to Articles 1, 2 and 3 of the Hague Convention on the Laws and Customs of War on Land of 18 October 1907 to determine who are lawful combatants and so qualify prisoners of war. In addition to the combatants defined by the Hague Conventions, some civilians are also defined in the section of the Convention entitled "Application of the Convention to Certain Classes of Civilians".

Articles 2, 3 and 4: Define prisoners of war as prisoners of the power that is holding them, and not as prisoners of the military unit that captured the prisoners of war, stipulate the right of prisoners of war to respect for their person and honor, stipulate the right of women to treatment appropriate to their sex and not allow differences in content between prisoners of war, with the exception of the maintenance of prisoners of war of different ranks in different conditions. Article 4 specifically places the material support of prisoners of war on the captive side: "the power that took the prisoners of war is obliged to take care of their maintenance." The provisions of this article are often hushed up in various studies [ what?] , with the goal of justifying the death of prisoners and their inadequate provision of food, clothing, housing and treatment, by the fact that these costs were not covered by contributions from the relevant state in whose armed forces the prisoners served at the time of captivity [ ] .

About being taken prisoner

Articles 5 and 6 talk about the rights of prisoners of war during their capture, about personal belongings, uniforms and money.

The 1949 Convention was further amended to define the rights of prisoners of war in the event of surrender, and not just during hostilities.

Evacuation and notification

Articles 7 and 8 govern the evacuation of prisoners of war from the combat zone, the duration of the day's march, and notification of the enemy through information bureaus

POW camps

Articles 9 and 10 regulate the requirements for premises where prisoners of war are kept, prohibit the keeping of prisoners of war near a war zone, in an unfavorable climate, in unsanitary or fire hazardous conditions.

Articles 11, 12 and 13 establish that the diet of prisoners of war must be equal to that of military personnel in barracks, allow the preparation of additional food if available, and prohibit food punishment. Prisoners of war may be recruited to work in the kitchen. Sufficient water supply must be established, tobacco smoking is allowed. The supply of clothing lies on the side that holds the prisoners of war, and its repair must also be ensured. For work, special overalls must be provided. In prisoner of war camps there should be shops selling food and household items.

Articles 14 and 15 oblige to have infirmaries in each camp and provide monthly medical examinations and adequate treatment, including free prosthetics.

Articles 16 and 17 stipulate the freedom to perform religious rites that do not violate public order and the promotion of sports and other hobbies in the camp.

Articles 18 and 19 define subordination to a responsible officer, salutation and the right to insignia.

Articles 20-23 establish a pay allowance corresponding to rank, service personnel from among prisoners of war corresponding to rank, the right to interpreters or interrogations in their native language for a prisoner of war. After the end of hostilities, the maintenance of the prisoner of war must be compensated by the party in whose service the prisoner of war is.

Article 24 stipulates the right of a prisoner of war to send a specified part of his funds to relatives.

Articles 25 and 26 establish restrictions on the transport of wounded prisoners of war, unless this is required by the military situation. In case of transfer to a new camp, prisoners of war must be notified in advance, have the right to take personal belongings with them, and their new postal address must be changed in a timely manner.

POW labor

Articles 27 to 34 establish the order of labor for prisoners of war. Equal working day with the local population, one day off a week, the responsibility of the state for work for private individuals, the inadmissibility of hard work for the level of development of a prisoner of war and the use of prisoners of war in dangerous or health-threatening work. The work of prisoners of war on military installations or in general related to military operations is not allowed. Officers are involved in the work at their request. The work of a prisoner of war must be paid according to tariffs and a share of earnings received in cash is determined.

External links

Articles 35 to 41 stipulate the right of prisoners of war to receive and send letters, powers of attorney, wills, telegrams and parcels, the procedure and norms must be published at the outbreak of hostilities.

Relations with authorities

Articles 42 to 67 describe the relations of prisoners of war with the authorities, their right to complain about the conditions of detention, including an immediate complaint to representatives of the protecting powers. When prisoners of war are brought to trial or liable, their rights and punishment must be determined by the envisaged liability for the military personnel of the captive party, however, a prisoner of war cannot be deprived of his rank. Also, the repatriation of a prisoner of war cannot be delayed in connection with a disciplinary punishment imposed on him, this is possible only in the event of a prosecution, which must be notified in advance to the party served by the prisoner of war. The sentence shall be immediately communicated to the Protecting Power; in the case of a death sentence, it shall not be put into effect for at least 3 months after its pronouncement. Thirty-day arrest - the maximum disciplinary punishment in terms of time and sanctions, cannot be extended and cannot follow one after another without a minimum three-day break.

Termination of captivity

Articles 68 to 74 stipulate that the seriously wounded and seriously ill must be sent to their country at a time when their position will allow safe transportation. They stipulate the composition of joint medical commissions, the right to repatriate victims of accidents at work, the impossibility of military service of the repatriated and the procedure for paying for the transportation of those who are subject to repatriation or transportation to neutral countries.

Article 75 establishes that prisoners of war must be repatriated as soon as possible after the conclusion of a reconciliation between the belligerents, and if the fate of the prisoners of war is not stipulated in the reconciliation agreement, the parties must resolve this issue as soon as possible.

Article 76 requires burial with honor for those who died in captivity, their graves must have all the necessary information and be properly maintained.

About the help desk

Articles 77 to 80 describe the operation of the Prisoner of War Information Bureau, the manner and frequency of the exchange of information by the belligerents, the participation of neutral countries and charitable organizations.

Separate categories of civilians

Article 81 stipulates the right of certain categories of civilians, such as marketers, suppliers, correspondents, to use the rights of a prisoner of war when captured by the enemy, if they have identity cards from the same units.

Implementation of the Convention

Articles 82 to 97 describe the procedure for the implementation and operation of the convention, establish the obligation of its implementation for all countries that have signed the convention. They establish the procedure for familiarizing prisoners of war with the text of the convention, the procedure for exchanging translations of the text, the procedure for monitoring the implementation of the convention by the protecting powers, the procedure for resolving contradictions, the procedure for putting the convention into effect after ratification, and the inadmissibility of refusing to comply with the convention in case of war.

States Parties and Signatory States

53 countries have signed and ratified the Convention. The countries that have signed and ratified the convention are referred to as the states parties to the Convention (eng. State parties). Not all countries involved in World War II signed the Convention; including the convention was not signed by the USSR. Japan has signed the Convention but has not ratified it, thus being a "Signatory State". There are 9 such signatory states.

the USSR

The USSR did not sign the Geneva Convention on Prisoners of War. According to the documents, in 1929 the USSR signed the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field - one of the two Geneva Conventions of 1929, but did not sign the Prisoners of War Convention:

On July 27, 1929, the Geneva Conference worked out a convention on the maintenance of prisoners of war. The government of the USSR did not take part in the drafting of this convention, nor in its ratification.

Instead of joining the Convention on March 19, 1931, the Central Executive Committee and the Council of People's Commissars of the USSR adopted the “Regulations on Prisoners of War”, which generally repeated the Convention, but also had a number of differences. The Soviet government did not consider it necessary to sign the Convention because it joined the Hague Conference, which contains all the most important provisions that the Geneva one did.

The question of the impact of the refusal of the USSR to join the convention on the fate of Soviet prisoners of war in Nazi captivity

During the Second World War, both the USSR and Germany on the Eastern Front did not adhere to the requirements of the Hague and Geneva Conventions in relation to the captured enemy. The ideological guidelines and propaganda of both states dehumanized the image of the enemy, additionally exploiting the information received about the terrible conditions of being in enemy captivity, in the hope that such information would force the soldiers to fight without thinking about the possibility of surrendering: 511, 519. Only since 1943 did the process of exchanging correspondence and other improvements in the situation of prisoners of war on both sides gradually begin.

The fact that the USSR did not sign the Geneva Convention on Prisoners of War was widely known, as Nazi Germany used it to justify the inhuman treatment of Soviet prisoners of war:

The Soviet Union did not accede to the agreement of July 27, 1929 regarding the treatment of prisoners of war. As a result, we are not obliged to provide Soviet prisoners of war with supplies that would correspond to this agreement both in quantity and in quality.

Nuremberg Proceedings Document D-225

Falsification by Yu. G. Veremeev

Third Geneva Convention (1929)

Introduced a new provision, establishing that its conditions apply not only to citizens of countries that have ratified the convention, but to all people, regardless of their citizenship (not only to the military, but also to the civilian population).

The experience of the First World War and the practice of applying the 1906 Convention required certain clarifications and changes to be made more in line with the changed conditions of the war. Therefore, in the summer of 1929, a New Convention for the Amelioration of the Condition of the Wounded and Sick in Combat Operations was concluded. The 1929 convention had a similar title to that of 1906 and referred to both 1864 and 1906 in the introductory part. Geneva military wounded

The 1929 Convention has grown to 39 articles.

For the first time, a provision appeared in it that after each clash, if circumstances permit, a local truce or at least a temporary ceasefire should be declared in order to make it possible to carry out the wounded.

For the first time in this Convention, identification tokens are mentioned, which should consist of two halves. When a dead soldier is found, one half is left on the corpse, and the second must be transferred to the appropriate authorities in charge of personnel records. Moreover, in relation to the dead soldiers of the enemy, these halves must be transferred to the military authorities of the side to which the deceased belonged.

In contrast to the 1906 Convention, the new one limits the presence of armed persons in medical institutions to sentries or pickets. It is no longer allowed to have armed units. It is possible to store weapons and ammunition of the wounded and sick only temporarily until it becomes possible to hand them over to the appropriate services. But under the protection of the Convention now falls veterinary personnel located in a medical institution, even if he is not part of the latter.

Some measures of protection and patronage have been returned to the local residents, who, on their own initiative or at the call of the military authorities, take part in the collection and treatment of the wounded. The occupying authorities may also provide them with certain material resources for this purpose.

The 1929 Convention specifies who belongs to the personnel protected by the Convention and who, if they fall into the hands of the enemy, are not referred to as prisoners of war, but are returned to their troops. In addition to those who are engaged in the collection, transportation, treatment of the wounded, priests, administrative staff of medical institutions, soldiers of the combat troops, specially trained to provide first aid, soldiers used to carry and transport the wounded, have now come under the protection of the Convention. In our opinion, these are company and battalion medical instructors, orderlies, orderlies-drivers. Now, if they fell into the hands of the enemy at the moment when they were engaged in this business and had the appropriate identification cards in their hands, then they are also not taken prisoner, but treated like the personnel of medical institutions.

Convention allows them to be kept in the hands of the enemy only to perform the duties of caring for their wounded, and for the time required for this. Then these personnel, together with weapons, means of transport, equipment, are transported in a safe way to their troops.

In the 1929 Convention, the former meaning of the "red cross on a white background" emblem was retained. Those. this badge is the hallmark of the medical service of all armies. However, given that in non-Christian countries the cross is perceived not as a medical sign, but as a symbol of Christianity (i.e. a symbol of a hostile religion), the new Convention determined that instead of the red cross, a red crescent, red lion and sun.

The Convention also clarified that in order to recognize persons as belonging to personnel protected by the Convention, it is not enough that the person wears an identifying armband. He must also be provided by the military authorities of his army with an appropriate photo identification card, or at the very least, an entry in his soldier's record book. The identity documents of personnel protected by the Convention must be the same in all belligerent armies.

Unfortunately, the Convention itself did not offer a model for such a certificate, leaving this issue to the agreement of the belligerents. The Second World War will show that in modern conditions opponents cannot agree on anything during the war. Such certificates never appeared in any of the countries affected by the war. This gave a formal reason to take medical personnel prisoner along with all other soldiers and officers.

The Geneva Conventions for the Protection of Victims of War are international multilateral agreements on the laws and customs of war aimed at protecting the victims of armed conflicts. They were signed on August 12, 1949 at the United Nations Diplomatic Conference, which met in Geneva from April 21 to August 12, 1949. Entered into force on October 21, 1950.

The Geneva Conventions include four universal international treaties:

1) Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field- obliges its participants to gather on the battlefield and provide assistance to the wounded and sick of the enemy, and any discrimination against the wounded and sick on the grounds of gender, race, nationality, political opinion or religion is prohibited. All the wounded and sick who fell into the power of the enemy must be registered, and their data reported to the state on whose side they fought. Medical establishments, medical personnel and transport for the transport of the wounded, sick and medical equipment shall be protected and attack is prohibited.

2) Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea - establishes rules for the treatment of the sick and wounded during naval warfare, similar to the rules provided for by the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

3) Convention on the Treatment of Prisoners of War- Establishes rules to be followed by belligerents in the treatment of prisoners of war.

4) Convention for the Protection of Civilian Persons in Time of War- provides for humane treatment of the population located in the occupied territory and protects their rights.

On June 8, 1977, two Additional Protocols were adopted to the Geneva Conventions under the auspices of the International Committee of the Red Cross: Protocol I relating to the protection of victims of international armed conflicts, and Protocol II relating to the protection of victims of non-international armed conflicts.

On December 8, 2005, the Geneva Convention was adopted Additional Protocol III on the introduction of a distinctive emblem in addition to the Red Cross and Red Crescent.

The Geneva Conventions are a development of international legal norms on the protection of victims of war, previously enshrined in the Hague Conventions of 1899 and 1907. and conventions signed at Geneva in 1864, 1906 and 1929.

The Geneva Conventions enshrined the basic principle of modern international law: wars are waged against the armed forces of the enemy; military operations against the civilian population, sick, wounded, prisoners of war, etc. prohibited.


The Geneva Conventions apply in the event of a declared war or any armed conflict, even if one of the belligerents does not recognize the state of war, and in the event of an occupation of a territory, even if that occupation meets with no armed resistance. The parties to the Geneva Conventions are obliged to comply with their provisions, if the opposing party does not participate in the Geneva Conventions, but will also comply with them in their actions. The provisions of the Geneva Conventions are also binding on neutral countries.

The Geneva Conventions provide for the obligation of member countries to search for and punish persons who have committed or ordered to commit acts that violate the provisions of these conventions. Such persons are subject to the court of the country in whose territory they committed the crimes, or the court of any country party to the Geneva Conventions, if it has evidence of their guilt.

A serious violation of the Geneva Conventions is the intentional killing of the wounded, sick, prisoners of war and the civilian population, torture and inhuman treatment of them, including biological experiments, damage to health, forcing prisoners of war to serve in the enemy army, taking hostages, serious destruction of property not caused by military necessity and etc. Persons guilty of serious violations of the Geneva Conventions are treated as war criminals and should be prosecuted.

The Geneva Conventions provide for the procedure for investigating allegations of violations and oblige parties to enact laws providing for effective criminal punishment of perpetrators.

More than 190 states, that is, almost all countries of the world, have joined the Geneva Conventions. The Geneva Conventions for the Protection of War Victims were signed on behalf of Ukraine on December 12, 1949 (ratified on July 3, 1954), additional protocols on December 12, 1977 (ratified on August 18, 1989).

The most important provisions for the protection of civilians:

It is forbidden to use weapons against civilians;

any acts of terror, including the taking of hostages, are prohibited;

It is forbidden to use civilians as human shields;

· It is forbidden to use starvation among the civilian population as a method of warfare;

It is forbidden to involve civilians in forced labor in favor of the occupying army;

· it is forbidden to resettle civilians on the territory of the occupying country, on the territory of other countries.

The most important provisions for the protection of non-military objects:

· it is forbidden to attack medical institutions and vehicles (stationary and mobile hospitals, hospitals, infirmaries, ambulances, trains, ships, planes); during the war, all these objects must have special designations: red cross, red crescent, red crystal;

· it is forbidden to attack objects and vehicles of civil defense (indicated by the international sign of civil defense);

It is prohibited to attack objects of life support of the population;

· it is forbidden to attack objects that have historical and cultural value (including all places of worship, regardless of religion and confession);

· it is forbidden to attack objects and installations containing dangerous forces, the destruction of which can lead to an ecological catastrophe - nuclear power plants, dams of large reservoirs, large chemical enterprises, warehouses of highly toxic substances, etc. (marked with a special sign).

Literature

1. Law of Ukraine "On the Civil Defense of Ukraine": Decree of the Supreme Council for the sake of Ukraine No. 2974-ХІІ dated February 3, 1993.

2. About the approval of the Regulations on the Civil Defense of Ukraine: Decree to the Cabinet of Ministers of Ukraine No. 299 dated January 10, 1994.

3. About the single sovereign system of defense and response to supra-divine situations of man-caused and natural character: Decree to the Cabinet of Ministers of Ukraine No. 1198 dated April 3, 1998.

4. The Law of Ukraine "On the defense of the population and territories in the supremacy of situations of man-made and natural character": Decree of the Supreme Council for the sake of Ukraine No. 1809-ІІІ dated 8 March 2000.

5. Law of Ukraine "On the legal ambush of a civilian zakhist": Decree of the Supreme Council for the sake of Ukraine No. 1859-VІ dated March 24, 2004.

6. Code of civil defense of Ukraine: Decree of the Supreme Council for the sake of Ukraine No. 5403-VI dated July 2, 2012.

7. About the approval of the Regulations on the single state system of civil defense: Decree to the Cabinet of Ministers of Ukraine No. 11 dated September 9, 2014.

8. Concerning the confirmation of the Classification signs of epidemiological situations: Order of the Ministry of Supervisory Situations of Ukraine No. 1400 dated December 12, 2012.

9. About the ratification of the Geneva Conventions on 12 September 1949 about the defense of the victims of the war: Decree of the Presidium of the Supreme Council for the sake of the Ukrainian RSR on 3 September 1954.

10. About Ratifіkatsіya Dodasitogo Protocol to Genevous Convertsіy Vіd 12 Serpnya 1949 r., Scho stupid of the sacrifice of the mine-world zvrumnyy conflineiv (Protocol I), i Dodato Protocol to Genevous Convertsi Vіd 12 Serpnya 1949 r., SHO STROUND SKISTRABLE SAFES OF SIDS OF CONFLIVER SOFTLIVE INTERIVE INDICES ( Protocol II): Decree of the Presidium of the Verkhovna Rada of Ukraine No. 7960-XI dated 18 April 1989.

11. Law of Ukraine "On the protection of Ukraine until the Geneva Conventions on the defense of the victims of war on 12 April 1949": Decree of the Supreme Council for the sake of Ukraine No. 3413-IV on 8 February 2006.

Speaking about the protection of victims of war, they mean the provision by the parties to the conflict of international legal protection for certain categories, that is, granting them a status that would guarantee humane treatment of them and exclude violence, bullying, mockery of a person, etc.

VICTIMS OF WAR - prisoners of war, the wounded and sick, members of the armed forces, shipwrecked at sea, as well as the civilian population, including those in the occupied territories.

Each of the categories of war victims listed above is protected by one of the four relevant Geneva Conventions of 1949 and Additional Protocols of 1977.

According to these international legal instruments, the victims of war must in all circumstances be protected and treated humanely without any discrimination based on race, colour, religion or creed, sex, origin or property or any other similar criteria.

Any encroachment on their life and physical integrity, in particular murder, mutilation, cruel inhuman treatment, torture, torment, infringement of human dignity, insulting and degrading treatment, condemnation and application of punishment for minor offenses, including collective punishment, is prohibited.

Children enjoy special protection and patronage.

Women are expected to be treated with special respect.

War prisoners must be treated humanely. It is forbidden to kill them, as well as to subject them to physical mutilation, scientific and medical experiments. They are considered to be in the power of the enemy, who bears full responsibility for their fate. Therefore, belligerents must protect prisoners of war from any acts of violence or intimidation, from insults, respect their personality and honor, treat female prisoners of war no worse than men, and not use any physical torture or coercion on prisoners of war in order to obtain any information (a prisoner of war is obliged state only your surname, first name, rank, date of birth and personal number).

The work of prisoners of war must be paid, but they cannot be involved in military work that is dangerous to health and humiliating.

Prisoners of war can settle in special camps for them. They must be provided with food, clothing and medical care.

Collective punishment is prohibited. Prisoners of war may be individually subjected to disciplinary and criminal punishment, but only once for the same misdemeanor or crime.

The escape of a prisoner of war is not considered a criminal act; if it fails, it can only entail a disciplinary sanction. After the end of the war, states must release and return to their country of citizenship or permanent residence all prisoners of war by way of general repatriation on the basis of special agreements. However, partial repatriation can be carried out under agreements and before the end of the war.

Members of the armed forces of the belligerents, in case of injury or illness, shall enjoy special protection.

The Geneva Conventions of 1949 and their Additional Protocols of 1977 oblige the belligerents to provide medical assistance and care for the wounded and sick of the enemy, categorically prohibit killing them, leaving them without help. They must be searched for, selected and provided with the same conditions as for their wounded and sick.

The belligerents are obliged to report the names of the wounded, sick and dead, to bury them, to protect them from robbery, to allow the local population (and at sea - the military and merchant ships of neutral countries) to pick up the wounded and sick, to care for them without fear of persecution, to allow enemy hospital ships to leave seized ports.

Medical formations (sanitary detachments, hospitals, trains, ships, aircraft) cannot be objects of military operations, they are inviolable. The distinctive emblem of the Sanitary Services is a white flag with a red cross and a red crescent. Hospital ships must be painted white with appropriate emblems. The belligerents must bring to the attention of the Central Information Agency for Prisoners of War in Switzerland as soon as possible all data on the wounded, sick and prisoners of war in their possession, and on their death.

International law distinguishes between combatants (fighting) and non-combatants (not fighting).

The personnel of the armed forces of a party to the conflict, as well as the personnel of the militia and volunteer detachments that are part of these armed forces and are directly involved in military clashes, are automatically combatants and enjoy the rights defined by international treaties.

Members of other militias and volunteer corps, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, are combatants and enjoy rights under international treaties, if they respond the following conditions:

Have at their head a person responsible for their subordinates,

have a distinctive and clearly visible from a distance distinctive sign,

openly carry weapons

· observe in their actions the laws and customs of war.

Combatants include:

personnel of the regular armed forces and paramilitary or armed organizations included in them, personnel of militias and volunteer detachments included in the armed forces;

· partisans, militias and volunteer units, including organized resistance movements, if they meet the 4 requirements above;

· the population of the unoccupied territory, which, when the enemy approaches, spontaneously takes up arms to fight the invading troops;

· armed participants in national liberation movements fighting against colonialism, racism and foreign domination in the exercise of their right to self-determination (only for countries participating in Additional Protocol I of 1977).

Military journalists, quartermasters, military medical staff and military lawyers are considered non-combatants, despite being part of the armed forces.

Combatants who fall into the power of the enemy are entitled to the status of a prisoner of war. War correspondents and others on duty may not be combatants, but may be eligible for prisoner of war status. At the same time, the right to use weapons is reserved only for combatants. If civilians take part in hostilities, they lose their status and due protection.

Mercenaries - persons acting in order to obtain material rewards, who are not citizens of either of the parties to the conflict, who do not permanently reside on their territory and who are not persons sent to perform official duties, cannot claim the status of combatant and prisoner of war. In a number of countries, mercenarism is recognized as a crime and subject to criminal prosecution. A distinction should be made between mercenaries and volunteers: the latter participate in the conflict for ideological reasons and are combatants.

According to the First Additional Protocol to the Geneva Conventions, mercenaries do not receive the status of combatant and prisoner of war, but nevertheless they must be treated humanely in accordance with Art. 3 common to all Geneva Conventions.

The rights and obligations of prisoners of war are regulated by the IV Hague Convention of 1907 and the III Geneva Convention.

Any combatant who has fallen into the power of an enemy state, as well as non-combatants who are part of armed formations, has the status of a prisoner of war. Violation by this person of international norms for the conduct of hostilities is not a basis for depriving him of this status, except in cases of espionage. However, for the commission of international crimes (but not for participation in hostilities), a prisoner of war can be prosecuted.

Under international law, any member of the armed forces of a party to a conflict who falls into the hands of an adverse party while engaged in espionage is not entitled to prisoner of war status and may be treated as a spy, then if he can be prosecuted.

Unlike a spy, an intelligence officer, i.e. a member of the armed forces of a party to the conflict who, on behalf of that party, collects or attempts to collect information in territory controlled by an adverse party, is not considered a person engaged in espionage if, in doing so, it wears the uniform of its armed forces. Thus, in the event of capture, the scout has the right to the status of a prisoner of war.

A member of the armed forces of a Party to the conflict who does not reside in territory occupied by an adverse Party and who engages in espionage in that territory shall not lose his right to prisoner of war status and may not be treated as a spy, except by those when it is captured before it has rejoined the armed forces to which it belongs.

Accordingly, from the point of view of international law, only front-line scouts wearing the uniform of their armed forces can be considered scouts. All undercover intelligence officers are, by definition, spies.

International law contains norms protecting journalists in time of war.

Two categories of journalists can work in a zone of armed conflict:

war correspondents (art. 4.A (4) III of the Geneva Convention of 1949) and

· journalists on dangerous professional missions in areas of armed conflict (Article 79 I of the Additional Protocol to the Geneva Conventions of 1949).

According to Art. 4 III of the Geneva Convention of 1949, war correspondents must meet the following conditions:

· to be representatives of mass media;

have accreditation in the armed forces;

accompany military formations;

Not to be members of military formations.

The same article states that war correspondents, when taken prisoner, enjoy the same protection as prisoners of war.

Journalists who are on dangerous professional assignments in areas of armed conflict do not receive accreditation in the armed forces, although they can accompany military formations - at least there is no direct prohibition on such escort. Such journalists have the status of a civilian and, as a result, are protected from attack, unless they commit any act inconsistent with their civilian status. It should be noted that the provision of art. 79 I of the Additional Protocol to the Geneva Conventions of 1949 is referential and is disclosed in the articles that deal with the protection of the civilian population.

The protection of journalists implies not only the need to take certain actions, but also the obligation not to resort to certain types of actions in relation to them. So, civilians in accordance with Art. 51 (2) I of the Additional Protocol to the Geneva Conventions of 1949 (including journalists) must not be the object of attack, in accordance with Art. 52 of the Protocol, civilians have the right to have their property treated with respect if it is not of a military nature.

Issues related to the protection of the civilian population and civilian objects in time of armed conflict are governed by the Fourth Geneva Convention and the Additional Protocols of 1977.

According to these documents, it is prohibited:

making the civilian population, its individual representatives or peaceful objects the targets of strikes;

· inflict indiscriminate strikes (not aimed at a specific military target or with weapons that do not allow the possibility of an indiscriminate strike), as well as strikes, as a result of which an excess number of civilian casualties can be expected in comparison with the military successes achieved;

· use starvation among the civilian population as a means of war;

· strike at objects that are important for the life support of the civilian population;

strike at structures with significant energy potential (such as dams, dams, nuclear power plants), if the release of this energy can lead to significant losses among the civilian population (except when such structures provide direct support to the armed forces and there is no other reasonable a way to terminate this support);

At the same time, the presence of a civilian population in a certain place is not an obstacle to the conduct of military operations in that place. The use of the civilian population as human shields is expressly prohibited.

The protocol also states that when planning and conducting military operations, it is necessary to constantly take care to avoid civilian casualties or, in extreme cases, to minimize them.

Considering the protection of victims of armed conflicts, the following conclusions can be drawn:

1. Victims of war must in all circumstances be protected and treated humanely without discrimination of any kind.

2. Members of the armed forces of the belligerents, in case of injury or illness, shall enjoy special protection.

3. The civilian population is inviolable.

3. The Geneva Conventions and modern armed conflicts

At the core of the Geneva Conventions is the notion of respect for the life and dignity of the individual. People affected by the conflict must receive assistance and care without any discrimination. The conventions also reaffirm and reinforce the role of medical professionals: medical personnel, medical units and ambulances must be respected and protected under all circumstances. This is a prerequisite for them to be able to pick up the wounded and sick and provide assistance to them. The principles on which these rules are based are as ancient as armed conflict itself.

However, the question still often arises: are the Conventions still relevant, do they matter for modern wars?

The fact that international humanitarian law has not lost its significance is confirmed by the results of a public opinion poll, in which people in countries affected by war were asked what they consider acceptable behavior during hostilities; they were also asked questions about the effectiveness of the Geneva Conventions. This study is called “Our world. A look from hotspots was conducted by Ipsos in Afghanistan, Haiti, Georgia, the Democratic Republic of the Congo, Colombia, Liberia, Lebanon and the Philippines. This study was specially commissioned by the ICRC on the occasion of the 60th anniversary of the Geneva Conventions.

Most of the roughly 4,000 people polled in those eight countries - 75% - say that the actions that combatants are allowed to do in combat should be subject to some kind of restriction. And when asked if they had ever heard of the Geneva Conventions, slightly less than half of the respondents answered that they were aware of the existence of such norms. Of these, about 56% believe that the Geneva Conventions limit the suffering of civilians in times of war.

These results suggest that the key ideas underlying the Geneva Conventions and IHL in general enjoy broad support among people who live in countries suffering from conflict or situations of violence.

However, the survey also showed that the impact of these norms on the situation on the ground is felt much less than the support of the population for the norms themselves. This presumably means that people in war-torn countries would like to see greater enforcement and enforcement of the rule of law.

In order to analyze the question of the relevance of the Geneva Conventions in international (interstate) and non-international armed conflicts, several examples can be given for each case.

In analyzing further the question of the relevance of the Conventions, it should be remembered that for the most part the Geneva Conventions govern international armed conflicts, including situations of military occupation. While such conflicts and occupations do indeed - fortunately - do not occur as often as they used to, we can only observe that they have not completely disappeared. Recent examples of conflicts where the Conventions have been fully applied are the conflict in Afghanistan (2001-2002), the war in Iraq (2003-2004), the conflict in southern Lebanon (2006) and the conflict between Russia and Georgia ( 2008) Therefore, to the extent that international conflicts and cases of occupation continue to occur and will continue to occur, the Conventions remain valid and relevant. Therefore, it is very important to preserve this invaluable humanitarian experience, which was obtained thanks to the fact that all the states of the world have acceded to the Conventions. Whatever changes take place in the future, they must be based on these already existing norms.

To give just one example of such an experience, the regulation of detention conditions has played a huge role in saving the lives and health of many prisoners. It is on the basis of these provisions of the Geneva Conventions that the ICRC can carry out its work in the field, including visits to detainees. The purpose of such visits is to prevent enforced disappearances, extrajudicial executions, torture and other cruel, inhuman or degrading treatment or punishment, to monitor the physical conditions of detention and to restore family ties, for example, through the exchange of Red Cross messages.

A few figures relating to recent international armed conflicts may be sufficient to show how relevant the Geneva Conventions remain to the victims of war. During the conflict between Eritrea and Ethiopia, in 2001 alone, ICRC delegates visited over a thousand Ethiopian prisoners of war and 4,300 civilian internees. In addition, we facilitated the exchange of 16,326 messages between Ethiopian and Eritrean prisoners of war and their families. The ICRC also arranged for 12,493 Ethiopian civilians to cross the front lines safely. In cooperation with the Eritrean Red Cross, the ICRC distributed humanitarian aid to more than 150,000 civilians affected by the conflict and provided surgical supplies for the treatment of 10,000 injured, in cooperation with the Ministry of Health.

In Iraq, from April 2003 to May 2004, ICRC delegates visited 6,100 prisoners of war and 11,146 civilian internees and detainees held by the occupying powers. In addition, 16,000 Red Cross messages were handed over. Even in the rather short conflict between Russia and Georgia in 2008, a number of prisoners of war were helped by the protective provisions of the Third Geneva Convention and the status it conferred. Based on this Convention, ICRC delegates were able to visit these prisoners of war.

However, not every positive impact of the Geneva Conventions can be quantified. The true value of the Conventions lies not only in the good they help to do, but perhaps even more so in the even greater evil they help to prevent. For example, we know from experience that the distinctive emblems of the red cross and red crescent have protected countless hospitals, medical units and their personnel, as well as vast numbers of the wounded and sick. In recent years, we have unfortunately witnessed too many egregious violations of inviolability and distinctive emblems and medical missions, however, without the norms contained in the Conventions, the situation would be much worse. Worse for the victims and much harder for those who try to provide them with help and protection.

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