12 August 1949
The Geneva Conventions, are comprised of four treaties and three protocols, which establish the standards of international law for the treatment of civilians and combatants during wartime. While the Geneva Conventions were adopted before 1949 they gave no priority to civilians during warfare. However, the events of the Second World War alerted many to the horrific consequences of war on the dignity and lives of people, including those not necessarily participating in hostilities. To this end the Conventions were revised in 1949.
The Conventions set out rules for humanitarian conduct during warfare for armed forces on land and sea, prisoners of war and civilians. While the first and second Conventions provide for the treatment of wounded and sick armed forces on land and sea, the third Convention provides rules for the treatment of prisoners of war who are captured during wartime. This convention, dealing with jus in bello, demands that prisoners of war be treated humanely without suffering losses to their dignity. The fourth Convention relates to the protection of civilians during warfare to mitigate the damage done to those not partaking in hostilities, who do not belong to the armed forces or who are subject to loss of territory, which has been taken by an occupying power.
In 2012 South Africa adopted the Implementation of the Geneva Conventions Act, which gives domestic force to the 1949 Geneva Conventions. The Act criminalises a number of offenses under the category of war crimes; and obligates authorities to prosecute those suspected of war crime violations. While a benefit of the Geneva Conventions Act of 2012 would be the ability to investigate and prosecute for apartheid-related crimes, this may may conflict with South Africa's previously adopted International Criminal Court Act.
References
The Geneva Conventions [Online]. Available: https://www.cfr.org/human-rights/geneva-conventions/p8778. |The Geneva Conventions and South African Law[Online]. 2013. Available: https://www.issafrica.org/publications/policy-brief/the-geneva-conventions-and-south-african-law