In this Article we are going to discuss about the Violation of Geneva Convention and the liabilities of Armed forces of different Countries. The Indian Armed forces is the military forces of the Independent India. Basically it consists of three professional uniformed services that is the Indian Army, Indian Navy and Indian Air Force.
The President of India is the Supreme commander of Indian Armed Forces but the executive authority and responsibility for National Security are in the hand of Prime Minister of India. The U.S.A Army is recognized under the Department of the Army, which is military department under the leadership of secretary of the Army.
Now we are going to discuss about the some Conventions who played major role for Settlement of Dispute and established Peace-:
The Hague Conventions of 1899 and 1907
Under this convention-:
• They establish the laws and customs of war in a strict sense.
• The rights and duties of neutral powers in case of war in land.
• The 1907 convention address the status of merchant ships at the outbreak of hostilities.
• The rights and duties of neutral powers in naval war.
The convention adopted on 29 July 1899 related to major issues such as the pacific settlement of international disputes and the laws and customs of war. Both conventions were failed to establish the peace between the countries, and Geneva Convention were held in 1949.
Geneva Convention 1949
The Geneva Convention and their protocol is the core of international humanitarian law, the body of international law regulates the conduct of armed conflicts and put the restriction on it. Under this convention it gives the protection for those people who are civilians, health workers and aid workers and also who are no longer participating in the hostilities, such as wounded, sick and shipwrecked soldiers and prisoner of war.
There are four updated version of Geneva Convention -:
I. First Geneva Convention (1864)-: protects wounded and sick soldier on land during war.
II. Second Geneva Convention (1907)-: protects wounded, sick and shipwrecked military personnel at sea during the war.
III. Third Geneva Convention (1929)-: this convention applies on prisoners of war.
IV. Fourth Geneva Convention (1949)-: this convention provides the protection of civilians, including in occupied territory.
Geneva Convention came into force on 21 October 1950. 74 states ratified the convention during the 1950s. Article 3 of this convention called common article, it play a major role, it talks about the humane treatment for all person in enemy hands, without any discrimination.
It specifically prohibits murder, mutilation, cruel, torture, humiliating and degrading treatment and unfair trail of hostages. It requires that the wounded, sick and shipwrecked be collected and cared for.
Violation of Geneva Convention by several countries.
• Article 13 of third Geneva Convention-: humane treatment of prisoners, prisoners of war must at all times be humanely treated. Any unlawful act or omission by the detaining power causing death or seriously endangering the health of a prisoner of war in its custody prohibited.
• So we can say that prisoners of war must be protected when he captured by the sovereign state and states has no power to violate the convention.
Pakistan may have violated Geneva Convention twice-:
I. Some Indian army were captured by the Pakistan army when the Indian army went for patrolling, after few days there body was founded and it found that they had been brutally murdered by the Pakistan army, but the Government of Pakistan denied they refuse to take the responsibility. After the investigation it was founded that act was done by the Pakistan army and he is liable for all the act and violate the Article 13 of Geneva Convention.
II. Second violation of Geneva convention(2019)-: in a video clip it was seen that IAF pilot wing commander Abhinandan Varthaman have given rise to suspicion that Pakistan violated the Geneva Convention. In a medical test the result determine that he was injected with drugs, Pakistan may violated the article 13 of third Geneva Convention that deal with prisoner of war of land.
There are others countries who also violated the Article 13 of third Geneva Convention such as Russia, Ukraine and Afghanistan.
We can say that the current situation of armed forces in India is better than earlier, India has world’s largest volunteer military personnel. It has third largest annual defence budget behind USA and China.
There are several acts who protect the rights of army personnel such as Army act 1950, Army rules 1954, Regulation for the army 1987, Police act 1861 and Indian reserve forces act 1888.
After dealing with all the provision of Geneva Convention, we can say that for the protection and respect of human dignity in armed conflict the Convention play a major role, it has helped to limit or prevent human suffering in past wars, and they remain relevant in contemporary armed conflicts.