By Jean S. Pictet
Read Online or Download The Geneva Conventions of 12 August 1949. Commentary. Volume I: For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. PDF
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Additional info for The Geneva Conventions of 12 August 1949. Commentary. Volume I: For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
Sample text
L Accordingly the essential motive which had brought sixty-four nations together at Geneva, was left unexpressed solely on account of non-essential additions that parties on both sides were resolved to make. See Firzal Record of tile Diplomatic Conference of Geneva, 1949, Vol. , 164-168, 181-182. PREAMBLE 23 The Preamble having been finally abandoned (apart from the dry introductory formula reproduced at the beginning of this Chapter), it may be asked why there should be so much to say on the subject.
The use of the words "and to ensure respect" was, however, deliberate: they were intended to emphasize and strengthen the responsibility of the Contracting Parties. l It is for the State to supervise their execution. Furthermore, if it is to keep its solemn engagements, the State must of necessity prepare in advance, that is to say in peacetime, the legal, material or other means of loyal enforcement of the Convention as and when the occasion arises. It follows, therefore, that in the event of a Power failing to fulfil its obligations, the other Contracting Parties (neutral, allied or enemy) may, and should, endeavour to bring it back to an attitude of respect for the Convention.
Furthermore, although the Convention, as a concession to legal form, provides that in certain circumstances a Contracting Power may legally be released from its obligations, it leaves the Power in question completely free to continue to honour its signature, whatever grounds the adverse Party may afford it for failing to do so. ARTICLE 3 - CONFLICTS NOT O F AN INTERNATIONAL CHARACTER l In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions : ( 1 ) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treaied humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
