Geneva Conventions: Basics and India’s Stance

A few weeks back, the pictures and video of a Kashmiri civilian, Farooq Ahmad Dar, tied to the front of a vehicle driven by Major Nitin Leetul Gogoi, had gone viral on internet, stirring a major controversy. It was claimed that such an action violated the Geneva Conventions, which lay down the International Humanitarian Law (IHL) during wartime. This article reviews the Geneva Convention in the light of this issue.

International Humanitarian Law (IHL) and the Geneva Conventions

International humanitarian law (IHL) is a set of rules that seek to protect persons who are not involved in hostilities during an armed conflict. It restricts the means and methods of warfare and therefore is also known as the law of war and the law of armed conflict.

The Geneva Conventions of 1949 comprise four treaties and three additional protocols that define the standards of international law for humanitarian treatment in war. The convention mandates the parties to the war to remain humane to non-combatants such as civilians and medical personnel, as well as to combatants who are no longer participating in hostilities, such as prisoners of war, or wounded in action. A major part of international humanitarian law is contained in the first four Geneva Conventions.

• First Geneva Convention: This deals with improving the condition of the wounded and sick soldiers in the field during the war. This convention contains 64 articles.
• Second Geneva Convention: This protects wounded and sick combatants while on board ship or at sea during the war. This convention contains 63 articles.
• Third Geneva Convention: This is associated to the treatment of Prisoners of War (POWs). It states that prisoners of war (POWs) must be treated humanely, provided adequate houses, receive sufficient food, clothing and medical care. This convention contains 143 articles.
• Fourth Geneva Convention: This is related to the protection of civilians in areas of armed conflict during the time of war. It contains 159 articles.

Additional Protocols of the Geneva Conventions

Besides above four conventions, there are 3 additional protocols to the Geneva Convention. First is Protocol-I of 1977 that provides for the Protection of Victims of International Armed Conflicts. It expands protection for the civilian population as well as military and civilian medical workers in international armed conflicts. It consists of 102 Articles. Second is Protocol-II of 1977 that deals with the Protection of Victims of Non-International Armed Conflicts. This involves protection of victims caught up in high-intensity internal conflicts such as civil wars. This consists of 28 Articles. Third is Protocol-III of 2005 which is about the Adoption of an Additional Distinctive Emblem, of the Red Crystal, in addition to the Red Cross and Red Crescent. The red crystal is an optional emblem, equal in status to the Red Cross and Red Crescent. It may be used under circumstances where another emblem could be perceived as having religious, cultural or political connotations.

India’s Stance

As of now, India has signed the 4 Conventions and Protocol III, but still has not acceded to Protocols I and II. Protocol-II is related to internal conflict, while Protocol-I is related to war against colonial domination. Therefore, India sees them impinging on its sovereignty.

Recent Controversy

The recent controversy raised a question – how the action of the army was a violation of Geneva Convention, if India has not signed on to Protocol II that deals with internal armed conflict?

Those who opposing action of Indian army claimed that answer of this issue lies in the Article 3, which is common to all the four Geneva Conventions to which India is a party.  All the four Geneva Conventions have a common Article 3. This article states that in the case of armed conflict, even if not of international character, the parties to the conflict must abide the following provisions:

1. Both combatants as well as non-combatants, present in the conflict area, who are no longer involved in the hostilities, must be treated humanely, without any distinction based on race, religion or faith, sex, birth or wealth, or any other similar criteria.
2. It prohibits any kind of violence to life and person, especially activities like mutilation, cruel treatment and torture; taking of hostages; outrages upon personal dignity, etc.

Major Nitin Leetul Gogoi replied that Article-3 of the Geneva Convention is applied on those combatants and non-combatants who are no longer involved in the hostile activities. But Farooq Ahmad Dar was involved in instigating a mob that was throwing stones to discourage people from voting, and was attacking election officials. So his action was just to combat the separatist activities, and therefore is justified.