| Chapter Twelve of Pax Americana: The Military Industrial Complex and the War On Terror by Danny Quintana |
| The Geneva Conventions |
With the industrialization and urbanization of the planet came the ability to wage horrific war. As technology advanced, with each succeeding
generation, humans are able to kill in new and even more efficient methods. Until the 19th Century, we had learned better ways to kill each
other, but we had not yet learned mercy. Sometimes enlightened individuals are so motivated by horrific events, they convince others to make
a change in the way we view reality. Jean Henri Dunant, a Swiss businessman, was such an enlightened soul. After witnessing first hand the
effects of modern warfare at the battle of Solferino on June 21, 1859, Mr. Dunant became convinced that the indiscriminate, mass slaughter
of humans had to be stopped or rules adopted regarding the wounded.
The battle resulted in the victory of the allied French Army under Louis-Napoleon Bonaparte and Piedmontese Army under Victor Emmanuel II
against the Austrian Army under Emperor Franz-Joseph. Again, with modern armies and weapons from industrialization readily available,
between 270,000 and 300,000 soldiers fought in Solferino.
generation, humans are able to kill in new and even more efficient methods. Until the 19th Century, we had learned better ways to kill each
other, but we had not yet learned mercy. Sometimes enlightened individuals are so motivated by horrific events, they convince others to make
a change in the way we view reality. Jean Henri Dunant, a Swiss businessman, was such an enlightened soul. After witnessing first hand the
effects of modern warfare at the battle of Solferino on June 21, 1859, Mr. Dunant became convinced that the indiscriminate, mass slaughter
of humans had to be stopped or rules adopted regarding the wounded.
The battle resulted in the victory of the allied French Army under Louis-Napoleon Bonaparte and Piedmontese Army under Victor Emmanuel II
against the Austrian Army under Emperor Franz-Joseph. Again, with modern armies and weapons from industrialization readily available,
between 270,000 and 300,000 soldiers fought in Solferino.
Mr. Dunant arrived at the town on the same day the battle was taking place. When the casualties proved to be too much for the army medical
services, Dunant immediately began assisting the wounded. 2 Shocked and horrified at the sheer brutality of what modern war could do to
humans, Dunant spent the rest of his life trying to change the behavior of nations when they engage in major conflicts. 3
The First Geneva Convention For The Amelioration of the
Wounded and Sick in Armed Forces and Field
In 1863, four years after the battle of Solferino, Jean Henri Dunant, and a private Committee consisting of General Dufour, Gustave Moynier,
physicians Théodore Maunoir and Louis Appia, organized a international conference in Geneva, 16 countries sent their representatives. The
results of this international conference were impressive. The conference recommended that national relief societies be established and given
government protection and support. Wartime belligerent parties were to declare lazarets and field hospitals neutral. Similar protection was to
be extended to army medical staff, voluntary helpers and the wounded themselves. Finally, the representative governments choose a
common distinctive sign marking persons and objects to be protected. 4
“In 1864, the Federal Council convened a Diplomatic Conference in Geneva, with plenipotentiaries from 16 countries taking part,- this
conference drew up the "Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field", which was signed
on 22 August of that year and ratified by almost all the States in the years that followed. The Convention formalized the recommendations of
the 1863 conference and stated the principle-crucial for the whole undertaking-that wounded and sick soldiers must be taken in and cared for
without distinction of nationality.”5 The First Geneva Convention was a simple document with ten articles:
services, Dunant immediately began assisting the wounded. 2 Shocked and horrified at the sheer brutality of what modern war could do to
humans, Dunant spent the rest of his life trying to change the behavior of nations when they engage in major conflicts. 3
The First Geneva Convention For The Amelioration of the
Wounded and Sick in Armed Forces and Field
In 1863, four years after the battle of Solferino, Jean Henri Dunant, and a private Committee consisting of General Dufour, Gustave Moynier,
physicians Théodore Maunoir and Louis Appia, organized a international conference in Geneva, 16 countries sent their representatives. The
results of this international conference were impressive. The conference recommended that national relief societies be established and given
government protection and support. Wartime belligerent parties were to declare lazarets and field hospitals neutral. Similar protection was to
be extended to army medical staff, voluntary helpers and the wounded themselves. Finally, the representative governments choose a
common distinctive sign marking persons and objects to be protected. 4
“In 1864, the Federal Council convened a Diplomatic Conference in Geneva, with plenipotentiaries from 16 countries taking part,- this
conference drew up the "Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field", which was signed
on 22 August of that year and ratified by almost all the States in the years that followed. The Convention formalized the recommendations of
the 1863 conference and stated the principle-crucial for the whole undertaking-that wounded and sick soldiers must be taken in and cared for
without distinction of nationality.”5 The First Geneva Convention was a simple document with ten articles:
The United States, being preoccupied with the internal problems created by the Civil War, was not a party to the First Geneva Convention.
Jean Henri Dunant, one of the original founders of the International Red Cross and the primary author of the First Geneva Convention was
the first recipient of the Nobel Prize for peace in 1901. He died in poverty in 1910 after a successful life that brought about profound change
in the conduct war and the treatment of the unfortunate participants. 7
The success and support of the First Geneva Convention led to an expansion of the newly developing field of International Humanitarian Law.
In 1906, the protection of the wounded was soon extended to mariners at sea.8 Negotiations began at the turn of the last century and
cumulated with a series of international agreements that made the protection of combatants the law of the planet.The conventions and their
agreements are as follows:
* First Geneva Convention (1864): Treatment of battlefield casualties.
* Second Geneva Convention (1906): Extended the principles from the first convention to apply also to war at sea.
* Third Geneva Convention (1929): Treatment of prisoners of war.
* Fourth Geneva Convention (1949): Treatment of civilians during wartime.
This First Convention also mandated the foundation of the International Committee for the Red Cross. The text is given in the Resolutions of
the Geneva International Conference. The first three conventions were revised, a fourth was added, and the entire set was ratified in 1949;
the whole is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions". Later conferences have added provisions
prohibiting certain methods of warfare and addressing issues of civil wars. 9
Nearly 200 countries are "signatory" nations, in that they have ratified these conventions. 10 At the time the Geneva Conventions were
drafted, political organizations were dominated by the recent advent of the nation state. With the fall of the Roman Empire, Europe was cast
into a state of lawlessness and chaos that lasted over one thousand years. Pax Romana had one set of laws throughout the Roman Empire
that brought relative peace for a brief period of almost 200 years.11
After several centuries of conflict, the various nations of Europe organized primarily along language lines. With war being the ultimate human
sport, uniforms were required to properly distinguish the players. It would truly be embarrassing to shoot your own side in something as
important as hunting and killing a fellow human being on a small planet. These rules were important given the technological advancements
that resulted in the ability of humans to inflict horrendous harm on millions of people, plants and animals. Courageous individuals like Jean
Henry Dunant strived to try to contain the state to state violence.
Jean Henri Dunant, one of the original founders of the International Red Cross and the primary author of the First Geneva Convention was
the first recipient of the Nobel Prize for peace in 1901. He died in poverty in 1910 after a successful life that brought about profound change
in the conduct war and the treatment of the unfortunate participants. 7
The success and support of the First Geneva Convention led to an expansion of the newly developing field of International Humanitarian Law.
In 1906, the protection of the wounded was soon extended to mariners at sea.8 Negotiations began at the turn of the last century and
cumulated with a series of international agreements that made the protection of combatants the law of the planet.The conventions and their
agreements are as follows:
* First Geneva Convention (1864): Treatment of battlefield casualties.
* Second Geneva Convention (1906): Extended the principles from the first convention to apply also to war at sea.
* Third Geneva Convention (1929): Treatment of prisoners of war.
* Fourth Geneva Convention (1949): Treatment of civilians during wartime.
This First Convention also mandated the foundation of the International Committee for the Red Cross. The text is given in the Resolutions of
the Geneva International Conference. The first three conventions were revised, a fourth was added, and the entire set was ratified in 1949;
the whole is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions". Later conferences have added provisions
prohibiting certain methods of warfare and addressing issues of civil wars. 9
Nearly 200 countries are "signatory" nations, in that they have ratified these conventions. 10 At the time the Geneva Conventions were
drafted, political organizations were dominated by the recent advent of the nation state. With the fall of the Roman Empire, Europe was cast
into a state of lawlessness and chaos that lasted over one thousand years. Pax Romana had one set of laws throughout the Roman Empire
that brought relative peace for a brief period of almost 200 years.11
After several centuries of conflict, the various nations of Europe organized primarily along language lines. With war being the ultimate human
sport, uniforms were required to properly distinguish the players. It would truly be embarrassing to shoot your own side in something as
important as hunting and killing a fellow human being on a small planet. These rules were important given the technological advancements
that resulted in the ability of humans to inflict horrendous harm on millions of people, plants and animals. Courageous individuals like Jean
Henry Dunant strived to try to contain the state to state violence.
"The Battle of Solférino was a decisive engagement in the Italian Campaign in the
Franco-Austrian War. The geo-political context for the war was the nationalist struggle
to unify Italy, long divided between France, Austria, Spain and the Papal States. The
battle took place near the village of Solférino, Italy, a location between Milan and Verona.
The confrontation was between the Austrians, then marching across northern Italy, and
the French and Piedmontese forces who opposed their advance. The battle was a
particularly gruelling one, lasting over nine hours and resulting in over 40,000 casualties
and 6,000 deaths. Reports of wounded and dying soldiers being shot or bayoneted
added to the horror. In the end, the Austrian forces were forced to yield their positions." 1
Franco-Austrian War. The geo-political context for the war was the nationalist struggle
to unify Italy, long divided between France, Austria, Spain and the Papal States. The
battle took place near the village of Solférino, Italy, a location between Milan and Verona.
The confrontation was between the Austrians, then marching across northern Italy, and
the French and Piedmontese forces who opposed their advance. The battle was a
particularly gruelling one, lasting over nine hours and resulting in over 40,000 casualties
and 6,000 deaths. Reports of wounded and dying soldiers being shot or bayoneted
added to the horror. In the end, the Austrian forces were forced to yield their positions." 1
[the representative nations], Who, after having exchanged their powers, and found them in good and
due form, agreed to the following articles:
Article 1
Ambulances and military hospitals shall be recognized as neutral and, as such, protected and respected by the
belligerents as long as they accommodate wounded and sick. Neutrality shall end if the said ambulances or
hospitals should be held by a military force.
Article 2
Hospital and ambulance personnel, including the quarter-master's staff, the medical, administrative and transport
services, and the chaplains, shall have the benefit of the same neutrality when on duty, and while there remain
any wounded to be brought in or assisted.
Article 3
The persons designated in the preceding Article may, even after enemy occupation, continue to discharge their
functions in the Hospital or ambulance with which they serve, or may withdraw to rejoin the units to which they
belong. When in these circumstances they cease their functions, such persons shall be delivered to the enemy
outposts by the occupying forces.
Article 4
The material of military hospitals being subject to the laws of war, the persons attached to such hospitals may
take with them, on withdrawing, only the articles which are their own personal property. Ambulances, on the
contrary, under similar circumstances, shall retain their equipment.
Article 5
Inhabitants of the country who bring help to the wounded shall be respected and shall remain free. Generals of
the belligerent Powers shall make it their duty to notify the inhabitants of the appeal made to their humanity, and
of the neutrality which humane conduct will confer. The presence of any wounded combatant receiving shelter
and care in a house shall ensure its protection. An inhabitant who has given shelter to the wounded shall be
exempted from billeting and from a portion of such war contributions as may be levied.
Article 6
Wounded or sick combatants, to whatever nation they may belong, shall be collected and cared for.
Commanders-in-Chief may hand over immediately to the enemy outposts enemy combatants wounded during an
engagement, when circumstances allow and subject to the agreement of both parties. Those who, after their
recovery, are recognized as being unfit for further service, shall be repatriated. The others may likewise be sent
back, on condition that they shall not again, for the duration of hostilities, take up arms. Evacuation parties, and
the personnel conducting them, shall be considered as being absolutely neutral.
Article 7
A distinctive and uniform flag shall be adopted for hospitals, ambulances and evacuation parties. It should in all
circumstances be accompanied by the national flag. An armlet may also be worn by personnel enjoying neutrality
but its issue shall be left to the military authorities. Both flag and armlet shall bear a red cross on a white ground.
Article 8
The implementing of the present Convention shall be arranged by the Commanders-in-Chief of the belligerent
armies following the instructions of their respective Governments and in accordance with the general principles
set forth in this Convention.
Article 9
The High Contracting Parties have agreed to communicate the present Convention with an invitation to accede
thereto to Governments unable to appoint Plenipotentiaries to the International Conference at Geneva. The
Protocol has accordingly been left open.
Article 10
The present Convention shall be ratified and the ratification exchanged at Berne, within the next four months, or
sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the Convention and thereto
affixed their seals. Done at Geneva, this twenty-second day of August, in the year one thousand eight hundred
and sixty-four. 6
due form, agreed to the following articles:
Article 1
Ambulances and military hospitals shall be recognized as neutral and, as such, protected and respected by the
belligerents as long as they accommodate wounded and sick. Neutrality shall end if the said ambulances or
hospitals should be held by a military force.
Article 2
Hospital and ambulance personnel, including the quarter-master's staff, the medical, administrative and transport
services, and the chaplains, shall have the benefit of the same neutrality when on duty, and while there remain
any wounded to be brought in or assisted.
Article 3
The persons designated in the preceding Article may, even after enemy occupation, continue to discharge their
functions in the Hospital or ambulance with which they serve, or may withdraw to rejoin the units to which they
belong. When in these circumstances they cease their functions, such persons shall be delivered to the enemy
outposts by the occupying forces.
Article 4
The material of military hospitals being subject to the laws of war, the persons attached to such hospitals may
take with them, on withdrawing, only the articles which are their own personal property. Ambulances, on the
contrary, under similar circumstances, shall retain their equipment.
Article 5
Inhabitants of the country who bring help to the wounded shall be respected and shall remain free. Generals of
the belligerent Powers shall make it their duty to notify the inhabitants of the appeal made to their humanity, and
of the neutrality which humane conduct will confer. The presence of any wounded combatant receiving shelter
and care in a house shall ensure its protection. An inhabitant who has given shelter to the wounded shall be
exempted from billeting and from a portion of such war contributions as may be levied.
Article 6
Wounded or sick combatants, to whatever nation they may belong, shall be collected and cared for.
Commanders-in-Chief may hand over immediately to the enemy outposts enemy combatants wounded during an
engagement, when circumstances allow and subject to the agreement of both parties. Those who, after their
recovery, are recognized as being unfit for further service, shall be repatriated. The others may likewise be sent
back, on condition that they shall not again, for the duration of hostilities, take up arms. Evacuation parties, and
the personnel conducting them, shall be considered as being absolutely neutral.
Article 7
A distinctive and uniform flag shall be adopted for hospitals, ambulances and evacuation parties. It should in all
circumstances be accompanied by the national flag. An armlet may also be worn by personnel enjoying neutrality
but its issue shall be left to the military authorities. Both flag and armlet shall bear a red cross on a white ground.
Article 8
The implementing of the present Convention shall be arranged by the Commanders-in-Chief of the belligerent
armies following the instructions of their respective Governments and in accordance with the general principles
set forth in this Convention.
Article 9
The High Contracting Parties have agreed to communicate the present Convention with an invitation to accede
thereto to Governments unable to appoint Plenipotentiaries to the International Conference at Geneva. The
Protocol has accordingly been left open.
Article 10
The present Convention shall be ratified and the ratification exchanged at Berne, within the next four months, or
sooner if possible. In faith whereof, the respective Plenipotentiaries have signed the Convention and thereto
affixed their seals. Done at Geneva, this twenty-second day of August, in the year one thousand eight hundred
and sixty-four. 6
Rules for the proper conduct of this game we call war, like the Geneva
Conventions, resulted from the change in the global society which
developed in the last two centuries. Yet despite these “rules”, the last
two centuries were the most violent in our brief human history. In the
latter part of the 19th century and first decades of the 20th,international
agreements on the laws of war raised the hope that when conflict broke
out, there would be certain standards of conduct which would be
respected by all parties, and which would reduce the horror and the
devastating impact of war on the individuals, communities and nations
involved. Yet despite this codification of laws to govern war, the 20th
century was the most war-ravaged century in history. While wars became
more frequent and more brutal, the majority of the horrific crimes
perpetrated against innocent people were committed with impunity. What
has been missing is the means to enforce legal standards, a commitment
from states and organizations to participate in ensuring that these
standards are met, and a clear indication that no nation and no
individual may be above the law. 12
Conventions, resulted from the change in the global society which
developed in the last two centuries. Yet despite these “rules”, the last
two centuries were the most violent in our brief human history. In the
latter part of the 19th century and first decades of the 20th,international
agreements on the laws of war raised the hope that when conflict broke
out, there would be certain standards of conduct which would be
respected by all parties, and which would reduce the horror and the
devastating impact of war on the individuals, communities and nations
involved. Yet despite this codification of laws to govern war, the 20th
century was the most war-ravaged century in history. While wars became
more frequent and more brutal, the majority of the horrific crimes
perpetrated against innocent people were committed with impunity. What
has been missing is the means to enforce legal standards, a commitment
from states and organizations to participate in ensuring that these
standards are met, and a clear indication that no nation and no
individual may be above the law. 12
 | |  | |  |
The collapse of the Soviet Union and the end of the two superpower competition raised hopes that long term global peace would now be
possible. It briefly appeared that war, which as Clausewitz defined it, politics by other means, would end. The world economy continues to be
rapidly integrated into one unit. Despite the massive global poverty that exists, wars between nations appears to be a failed relic of the
last century. Like human sacrifice, slavery, women not having the right to vote, and child labor, war
between nations is another failed idea of history.
With the end of state to state violence, that is more attributable to the economics of glottalization, in this century, the Geneva Conventions war
rules are inadequate for the problems of international violence caused by a handful of individuals. At the time the Geneva Conventions were
drafted, international criminals whom are mistakenly called “terrorists”, were not contemplated. If the United States in it’s “War on Terror” was
fighting another nation like NAZI Germany or the former Soviet Union, where wearing uniforms is a required part of the game, the Geneva
Conventions would be a good legal framework for the protection of the rights of individuals. Now it is important to create a new legal paradigm
to deal with the issues of international criminal actions that threaten modern civilization, such as it is. Despite the rules of international
conflicts, the reality of war speaks volumes. At the start of the 20th century 20% of those killed in war were civilians. Today the reverse is true:
80% of those killed in war are civilians. 13
possible. It briefly appeared that war, which as Clausewitz defined it, politics by other means, would end. The world economy continues to be
rapidly integrated into one unit. Despite the massive global poverty that exists, wars between nations appears to be a failed relic of the
last century. Like human sacrifice, slavery, women not having the right to vote, and child labor, war
between nations is another failed idea of history.
With the end of state to state violence, that is more attributable to the economics of glottalization, in this century, the Geneva Conventions war
rules are inadequate for the problems of international violence caused by a handful of individuals. At the time the Geneva Conventions were
drafted, international criminals whom are mistakenly called “terrorists”, were not contemplated. If the United States in it’s “War on Terror” was
fighting another nation like NAZI Germany or the former Soviet Union, where wearing uniforms is a required part of the game, the Geneva
Conventions would be a good legal framework for the protection of the rights of individuals. Now it is important to create a new legal paradigm
to deal with the issues of international criminal actions that threaten modern civilization, such as it is. Despite the rules of international
conflicts, the reality of war speaks volumes. At the start of the 20th century 20% of those killed in war were civilians. Today the reverse is true:
80% of those killed in war are civilians. 13
------------------------------------------------------------------------------------------------
1.Wikipedia, Battle of Solferino, at:http://en.wikipedia.org/wiki/Battle_of_Solf%E9rino
2. A Memory of Solferino, by Jean Henry Dunant,
at:www.icrc.org/WEB/ENG/siteeng0.nsf/htmlall/p0361?OpenDocument&style=Custo_Final.4
&View=defaultBody2
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Henry Dunant 1828-1910, at:www.icrc.org/WEB/ENG/siteeng0.nsf/htmlall/p0361?
OpenDocument&style=Custo_Final.4&View=defaultBody2#a2
8. * Second Geneva Convention (1906): Extended the principles from the first convention to apply
also to war at sea, at:www.informationheadquarters.com/War/Geneva_conventions.shtml
9. Ibid.
10. Ibid.
11. Pax Romana is the Latin for "Roman Peace." The Pax Romana lasted from about 27 B.C. (with
Augustus) until A.D. 180 -- the death of Marcus Aurelius. Some date the Pax Romana from A.D. 30
and the reign of Nerva. Others date it as early in the reign of Augustus as the year A.D. 14. The
Pax Romana was a period of relative peace in the Roman Empire and cultural achievement,
especially in the area of building (e.g., Hadrian's Wall) and Silver Age Latin literature. At:
http://ancienthistory.about.com/library/bl/bl_paxromana.htm
12. Coalition for an International Criminal Court at:www.iccnow.org/Introduction.html
13. See Movement for the Abolition of War at:www.abolishwar.org.uk/home.shtml
1.Wikipedia, Battle of Solferino, at:http://en.wikipedia.org/wiki/Battle_of_Solf%E9rino
2. A Memory of Solferino, by Jean Henry Dunant,
at:www.icrc.org/WEB/ENG/siteeng0.nsf/htmlall/p0361?OpenDocument&style=Custo_Final.4
&View=defaultBody2
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Henry Dunant 1828-1910, at:www.icrc.org/WEB/ENG/siteeng0.nsf/htmlall/p0361?
OpenDocument&style=Custo_Final.4&View=defaultBody2#a2
8. * Second Geneva Convention (1906): Extended the principles from the first convention to apply
also to war at sea, at:www.informationheadquarters.com/War/Geneva_conventions.shtml
9. Ibid.
10. Ibid.
11. Pax Romana is the Latin for "Roman Peace." The Pax Romana lasted from about 27 B.C. (with
Augustus) until A.D. 180 -- the death of Marcus Aurelius. Some date the Pax Romana from A.D. 30
and the reign of Nerva. Others date it as early in the reign of Augustus as the year A.D. 14. The
Pax Romana was a period of relative peace in the Roman Empire and cultural achievement,
especially in the area of building (e.g., Hadrian's Wall) and Silver Age Latin literature. At:
http://ancienthistory.about.com/library/bl/bl_paxromana.htm
12. Coalition for an International Criminal Court at:www.iccnow.org/Introduction.html
13. See Movement for the Abolition of War at:www.abolishwar.org.uk/home.shtml
| mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly". Martin Luther King,Letter From a Birmingham City Jail 1963 |