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Do Geneva conventions still have a force?


Celebrate Geneva Conventions

The 75th anniversary celebrations reflected this “alternative moral and ethical landscape”. The 15 member states of the United Nations Security Council was invited to a celebration in Geneva in August.

Only the Russian Federation did not send a representative. Since March 2023, when Switzerland has taken over European sanctions, Russia has considered it a “hostile” nation. The absence of Russia and increased violations in the world seemed to put a brake on the celebrations.

The increase in violations causes some researchers to the effectiveness of international humanitarian law. Samuel Moyn, professor of law and history at the University of Yale, argues that even conceiving the possibility of a human war increases the possibilities that countries will go to war.

An absence of international humanitarian law could be dissuasive on war, suggests Moyn. Countries could hesitate before entering an armed conflict if it would cause an ineality violence. Professor of the Harvard Law School David Kennedy angry the delegates of the Red Cross in Geneva years ago when he made a similar argument.

Questioning international humanitarian law, such as criticizing human rights, goes against deeply anchored liberal values. As the currency of the Red Cross for the states of the 75th anniversary, international humanitarian law is: “The only set of rules on which we all agree.”

Continuous relevance of international humanitarian law

Professor Andrew Clapham of the Graduate Institute in Geneva maintains that international humanitarian law and Geneva conventions are still playing an important role. Clapham believes that the capacity of international courts of justice and the international criminal court to keep offenders responsible as a sidewalk.

“Talking about violations must give people’s reflection, especially by leading to examples of increases in compliance”, ” He wrote.

A simple example would be limits to the capacity of leaders, such as Russian President Vladmir Putin, to travel to countries where they could be arrested or prosecuted, within the framework of the obligations of this country under the Geneva Conventions. Clapham maintains that some actors change their behavior in order to avoid being caught in this net.

In a speech to the members of the United Nations Security Council during the August celebrations, Clapham reminded them that the Geneva conventions force them to do more to thwart war. “Each state that authorizes the transfer of weapons is forced to avoid contributing or facilitating violations of the Geneva conventions,” he said.

Geneva conventions, moreover, have led to other efforts to promote human rights during the war. In 1998, my wife, Elisabeth Decrey Warner Geneva CallAn NGO seeking to protect civilians in armed conflicts. He worked with other groups, such as Fight for humanity For armed state actors to accept humanitarian protocols.

Although only nation states can sign the treaties, it is in the interest of all parties, they support, to respect the basic rules of conventions.

Bring more parties to international agreements

The Call of Geneva is at the origin revolutionary Engagement acts What leaders of non -state actors could sign to demonstrate that they would respect certain aspects of international humanitarian law, such as prevention of famine during armed conflicts. Non -state actors are important groups or organizations that participate in international affairs.

They can be in the private sector such as Nestlé or Goldman Sachs, or public organizations such as Doctors Without Borders Or Human Rights Watch. Armed state actors include groups that are considered terrorist organizations, such as Islamic State, al-Qaeda or Colombian guerrillas. Many groups have signed the acts and generally followed their provisions, even beyond what they could legally do.

In the United States, there are many discussions that no one is above the law. States, like individuals, should not be superior to the law.

In 1949, 196 countries voluntarily ratified the Geneva Conventions. But not all states fulfill their obligations. The ambivalent 75th anniversary of conventions highlights the current sweetness of international law as well as the general decline of the United Nations influence and the role of multilateralism – when several nations are suitable for pursuing a common objective.

“The only set of rules on which we all agree” has been fractured. What can we all agree with now? Targeting civilians, refusing them the necessities of life, the torture of the innocent people should be raised on the agenda of each state.

Geneva conventions are a set of rules. Beyond these rules are fundamental values ​​that all governments should respect. They are essential to our common humanity. The 75th anniversary of the conventions, so deaf, should recall this community.

A version of this story had previously appeared in Coupon.


Three questions to consider:

1. What are the Geneva conventions?

2. What are two international institutions that can continue the violations of the Geneva conventions?

3. How can the treaties on human rights still have power when the countries violate them?




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