An analysis of the topic of the war in vietnam and the violations of the geneva convention

Countries that havent signed the geneva convention

Of the 50 million persons killed, it was estimated that 26 million were in the armed forces while 24 million were civilians. The Geneva Conventions apply to conflicts between the countries that are now party to them. The above information should certainly facilitate the identification and the return of children to their families and country. John B. If it is decided that he is not entitled to POW status, and he does not benefit from more favourable treatment in accordance with the IV Gen. But the administration still resisted application of the Geneva Conventions. This would allow a party to the conflict to take age of the combatant into consideration while giving privileged treatment. Protocol II also codifies the principle according to which the civilian population as such as well as individual civilians, shall not be the object of attack [7]. The Geneva Conventions regime does not out-law the war or make the war illegal. In other words, the occupying power must not do anything to hamper the normal working of the administrative services responsible for the identification of children. It would also have had the benefit that Australia would not have to deal with the fact that the US had made clear that it did not interpret the application of the Convention as generously as did Australia and many other countries. All possible facilities for the education of children shall be ensured. To take care of such cases, paragraph 3 of Art. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.

They shall be allowed to attend schools either within the place of internment or outside. Part II contains the rules relating to hospitals and safety zones and localities, protection of wounded and sick, evacuation, protection of civilian hospitals and its staff, land, air and sea transport, consignment of medical supplies, food and clothing, family news etc.

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Paragraph 4 of Art. Evacuation of Children The Convention Art.

An analysis of the topic of the war in vietnam and the violations of the geneva convention

The children are properly identified, and even when they commit offences, their age and development of faculties are taken into consideration while awarding punishment. Of particular importance is the Additional Protocol One. The regulations confined themselves to a statement of the principle that the occupying Power must maintain law and order, and to a few elementary rules enjoining respect for family rights, for the lives of persons for private property and collective punishment. The establishment of Information Bureau for the purpose of recording and giving information about the protected persons including children is the hallmark of guarantee that protected persons will not disappear without trace as happened during Second World War. Notwithstanding the above, it is seen, that children are still taking part in hostilities and continue to be the innocent victims of armed conflict which, unfortunately, are many. The above information should certainly facilitate the identification and the return of children to their families and country. I explicitly prescribes that children, if arrested, detained or interned for reasons related to the armed conflict, shall be held in quarters separate from the quarters of adults except when they form part of the family and are accommodated as family. This traditional concept was profoundly modified by the events of first world war. The Bush administration stumbled by straining to avoid application of the Geneva Conventions as a whole and refusing to adopt even the minimum international standards set forth in Common Article 3 and Article Under Art. For various reasons it would also be very difficult if not impossible for a foreign national to bring an action in an Australian court alleging that he had suffered injury as the result of a violation of the Conventions. For the same reason, pregnant women, and mothers of infants and young children are also included in the special category of internees to be considered for release, repatriation and accommodation in a neutral country. Regarding non-repatriated children, it is provided that children under fifteen years, pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the state concerned. Article 16 of III Gen. Any such evacuation shall be supervised by the Protecting Power in agreement with the parties concerned; namely the party arranging for the evacuation, the party receiving the children and any parties whose nationals are being evacuated.

Execution of death penalty is prohibited. See Sandra Singer, note 2 p.

Geneva convention attendees

For the sake of brevity the four Geneva Conventions and the two Protocols hereinafter will be referred to as I Gen. It is very difficult for a belligerent on the other side of a conflict in which Australian troops are involved to bring any sort of legal proceedings based on an alleged violation of the Geneva Conventions. The Geneva Conventions regime does not out-law the war or make the war illegal. The Geneva Conventions consist of four separate treaties originally signed by 59 countries in Geneva, Switzerland. Geneva Conventions of and In , the Swiss government arranged a conference of 35 states to review and update improvements to the First Geneva Convention. Age of Children The Geneva Conventions regime does not define a child or lays down any uniform particular age for the purpose of giving special protection to child, although the concept of children has an important place in the fourth Geneva Convention and the two protocols. Any such evacuation shall be supervised by the Protecting Power in agreement with the parties concerned; namely the party arranging for the evacuation, the party receiving the children and any parties whose nationals are being evacuated. An interpretation that seeks to sidestep what appear to be self-evident obligations by legal sleight of hand is not a defensible interpretation of the treaty. However it may increase its activity of visits and fact-finding missions in times of conflict and peace in the cause of implementation.

For various reasons it would also be very difficult if not impossible for a foreign national to bring an action in an Australian court alleging that he had suffered injury as the result of a violation of the Conventions. However it may increase its activity of visits and fact-finding missions in times of conflict and peace in the cause of implementation.

The children, as members of civilian population are also protected by these provisions - the very object of which is to alleviate the sufferings caused by international armed conflicts. The Detaining Power shall provide maintenance for the support of those dependent on the internees Art.

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Obama, Bush, and the Geneva Conventions