Modification de Sources of the law of armed conflict
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The first deals with military personnel, i.e. soldiers wounded or sick in the war on land. The Second Geneva Convention deals with wounded, sick or shipwrecked soldiers in the theatre of maritime warfare. The difference between the first and second conventions is therefore one of theatre of war and not of assigned personnel. The personnel are the same, they are military personnel, the situation that gives rise to protection is the same, injury, illness and shipwreck status as far as maritime theatre is concerned. What differentiates the two is therefore the theatre, once on land and once on sea. The reason for separating the two conventions is that the organization of care for the wounded and sick is relatively different on land and at sea for reasons that can be understood relatively quickly. At sea, the protection of the wounded and sick is done in hospital ships, and this protection cannot be decentralized much since there is no firm land. | The first deals with military personnel, i.e. soldiers wounded or sick in the war on land. The Second Geneva Convention deals with wounded, sick or shipwrecked soldiers in the theatre of maritime warfare. The difference between the first and second conventions is therefore one of theatre of war and not of assigned personnel. The personnel are the same, they are military personnel, the situation that gives rise to protection is the same, injury, illness and shipwreck status as far as maritime theatre is concerned. What differentiates the two is therefore the theatre, once on land and once on sea. The reason for separating the two conventions is that the organization of care for the wounded and sick is relatively different on land and at sea for reasons that can be understood relatively quickly. At sea, the protection of the wounded and sick is done in hospital ships, and this protection cannot be decentralized much since there is no firm land. | ||
The Third Geneva Convention deals with the protection of prisoners of war. It is already significantly longer and more extensive than the first two. It should be noted that there is an overlap in application between Conventions I, II and III; this means that if an opposing soldier has been captured without injury or illness, Convention III applies, whereas if the same soldier has been captured or | The Third Geneva Convention deals with the protection of prisoners of war. It is already significantly longer and more extensive than the first two. It should be noted that there is an overlap in application between Conventions I, II and III; this means that if an opposing soldier has been captured without injury or illness, Convention III applies, whereas if the same soldier has been captured or surrenders with injuries or illness, Convention I and Convention III apply at the same time, or, as the case may be, Convention II is Convention III. Convention IV deals with the protection of civilians. | ||
The first three are not new in the sense that there are older Geneva Conventions than the 1949 Geneva Convention simply needs to be revised. Convention IV, on the other hand, is entirely new, as civilians were not protected by IHL until 1949 with the exception of a few scattered provisions, particularly in the law of war occupation of the 1907 Hague Regulations. | The first three are not new in the sense that there are older Geneva Conventions than the 1949 Geneva Convention simply needs to be revised. Convention IV, on the other hand, is entirely new, as civilians were not protected by IHL until 1949 with the exception of a few scattered provisions, particularly in the law of war occupation of the 1907 Hague Regulations. |