Geneva Convention - Where, How Much and Who's Keynote?
Adopted August 12, 1949 and put into force nearly 14 months later, the Geneva Convention is just about as foreign to most people in most civilized countries as some of their respective customs. In fact, it almost sounds like you should be going to see the newest and greatest in vacuums! While you're there, you'll experience dramatic attempts to see the latest hepa-filter, lightest upright, and most silent sucker. As for the keynote speaker, well, likely you skip that part for the Dolby-digital-THX mastered presentation in full surround - history of the vacuum!Ask most people the question of last week's poll and they will have no idea what you are talking about. If they do have an idea, it is pretty guaranteed that they will have no specifics to relate to - only general thoughts that have been espoused in the media. Fact is: did you know that the first Geneva Convention was in 1864? That's right, it was the first treaty of international humanitarian law. In 1899 in the Hague it was signed the next convention, applying the Geneva convention to war action at sea. And in 1907 The Hague Convention determined combatants' categories. In 1929 these conventions were developed further and expanded one more time. In 1949 during the international conference it was adopted Geneva convention "Civil persons' protection during the war-time" as well transcribed three previous adapted conventions and submitted their texts. (http://www.redcross.lv/en/conventions.htm). So there is your brief history lesson - fact is, there is so much more to it, and it seems to grow to - a living document.
In Geneva 49, a full convention of countries came together to decide the treatment of Prisoners of War. After penning, ratification and enactment, they sent the original to the Swiss Confederation to be held in archive. Since then and up until 9-11 these laws have been the virtuous path of protection to those fighting in battle for their respective beliefs. In addition, treatment of civilians in occupied territories by the opposing Force. These laws applied, regardless of who the Forces were, as long as they were "The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances." (Article 1).
This meant that America - for example - would treat it prisoners well; knowing that, in turn, their POWs were being treated in like fashion as set by the Geneva Convention. As I recall, history has been full of war. Many times those fighting in the battles were left to "the birds." As told in the Red Cross link, Henry Dunant first sought to find a way to care for the injured - even if it meant caring for your enemy. As a Humanitarian, he set out to change the actions of war.
In the last two centuries (working on our third), America has been noble and upright in the fair treatment of any prisoner. I believe that we will continue to uphold these virtues set forth by common sense treatment of human life - even your enemies' lives. This is who we are. Civilized persons in civilized nations will act this way too. So, for that, the Geneva Convention continues to press on.
It then begs the question: What about nations, factions, sects, and individuals who do not subscribe to these beliefs? That is the real question behind the poll. We can answer this question by the convention:
Article 2 In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. . .Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. (Italics/bold mine.)
The bolded sentence is the kicker! I will be honest, I voted in the poll too - and I voted "no." I voted with the majority before the majority voted. That is to say that 67% of the 18 that voted stated that some or none of the Geneva Convention should apply to the War on Terrorism. Why is it that we think this way?
One answer: "Eye for an eye." Or, more clearly: "Those acting in the fashion of terrorism have no regard for live and therefore their lives should not be sustained, treated with respect nor overly cared for due to their horrid view of life."
So, after 9-11, here we are - in a pickle. The Terrorists do not care for their lives - and certainly do not care for others - even of their own kind, culture and religion. Fact is, their religion says that they can kill themselves or others and be rewarded for it. (And people say Christianity is bad... that is another subject.) When life is not regarded as sacred and worthy of protection, there are no humanitarian grounds by which to act.
But, we are bound by the convention. Therefore, we act as required by the convention:
Article 3 ”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 treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) Taking of hostages; (c) Outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.” (Bold is mine).
In conclusion, I believe that we should be fair, respect life and provide for common well-being. Thus, we should have, after reading through them, some form of the Geneva Conventions that have stood for nearly 150 years. But Terrorism is a war unlike any that have proceeded in history. Those acting as Terrorists do not care for “our” people - meaning anyone not in their little group. They have beheaded individuals from several nationalities, they have taken hostages, they have humiliated, scared, and otherwise treated cruelly any and all of those who stand in their way.
Yet, we sit back and take a scolding for Abu grab. Though, maybe, I do not condone the actions and treatment that resulted in photos to prove what our soldiers did; I do not believe it is of the level to warrant such unbalanced coverage in our world. America and its Allies should not have to make reparations to the countries of the Terrorists, nor apologize, nor severely discipline (as we have) our military that partook in these actions. It sets us up to be ridiculed and scorned even more. Further, it propagates the cause of Terrorism.
Granted, the journalists of the world no doubt love this! It creates a story and guarantees “flashy, bloody” news for years to come.
This is not how it should be! We should call to order a special meeting - yea, a Convention - and make an amendment to the Geneva Convention Guidelines to include Terrorism. New rules should be created and enacted that protect those in which terror is inflicted and puts a warrant out for the death of those who partake in this ideology. Terrorism is a different war. It is not a war of respectable and virtuous countries that differ and want to fight "morally." Thus, outlining the way we will respond to this "new kind of war” is necessary. Should humanitarianism be a part of the guide? - yes. How and how much - I leave that to be determined by others more knowledgeable than myself.