endobj . They have also expanded the list of fundamental guarantees applicable to all persons in the power of an adverse party. 0000105187 00000 n
Treaties, States, Parties, and Commentaries: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. International Committee of the Red Cross. Is this assertion equally true for armed conflicts of a non-international character? They can pitch the government against armed groups but they can also consist of armed groups fighting among themselves. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. <> Some provisions concerning the protection of populations against the Treaties and States Parties. . 0000013916 00000 n
(9QOg\5zc/j5hdPq #LM)o!!is1j8^E:Z/oYvwEUC#1rDf}/2Ug=+Sn5GQ1u>(u)X*N+ v Unfortunately, the statistics worsened. The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions.The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. Those responsible for grave breaches must be sought, tried or extradited, whatever nationality they may hold. }U'xmky?g~Gfha+"9.n+2iw+9#sYdI,B@|,j endobj Encyclopedia.com. They cover armed forces on land and at sea, prisoners of war, and civilians. For example, it protects hospital ships. The four Geneva Conventions of 12 August 1949 are international treaties, ratified or acceded to by virtually all States. The first, Protocol I, extended protection under the Geneva and Hague conventions to persons involved in wars of self-determination, which were redefined as international conflicts. [vOw Most of the roughly 4,000 people surveyed across the eight countries 75% say there should be limits to what combatants are allowed to do in the course of fighting. International Committee of the Red Cross. (Eds. This draft, which came to be known as the Tokyo Draft since it was presented at the International Conference of the Red Cross of 1934 in the Japanese capital, was to be the subject of a future diplomatic conference convened by Switzerland. That is to say that any armed conflict that it is not an inter-State conflict falls within the scope of common Article 3 of the Conventions. 3 GCI-IV). The Conventions and their Protocols call for measures to be taken to prevent or put an end to all breaches. They are inspired by the idea that even in the midst of hostilities, the dignity of the human person shall be respected. The new updates stated all prisoners must be treated with compassion and live in humane conditions. <> Henry Dunant Biographical. West's Encyclopedia of American Law. "1&|9i@}S fVZ*?~7LhKAN.} From a phenomenological perspective it is undoubtedly true that these types of conflicts that are pre-dominant today. 58 0 obj Hover to zoom. Protection is afforded to those who do not, or no longer, participate actively in hostilities, namely, wounded and sick members of armed forces in land warfare, the shipwrecked at sea, prisoners of war, and civilians. The four Geneva Conventions adopted on 12 August 1949 are an important part of international humanitarian law (IHL). In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems. According to Swedish researchers, 95 percent of all deaths in world war i were suffered by soldiers. Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (With the end of the cold war and the collapse of the Soviet Union, each of the newly independent states that succeeded the former Soviet Union has adhered to the conventions and, excepting Lithuania and Azerbaijan, the additional protocols.) The development of the Geneva Conventions was closely associated with the Red Cross, whose founder, Henri Dunant, initiated international negotiations that produced the Convention for the Amelioration of the Wounded in Time of War in 1864. However, the date of retrieval is often important. "Geneva Conventions, 1949 0000106614 00000 n
The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (19391945), which updated the terms of the two 1929 treaties and added two new conventions. 0000004482 00000 n
https://www.history.com/topics/world-war-ii/geneva-convention There can therefore be no doubt that the decision to draft the Geneva Conventions of 1949 was sealed by the tragedy of the Second World War and that the conventions were intended to fill the gaps in international humanitarian law exposed by the conflict. This convention provided for (1) the immunity from capture and destruction of all establishments for the treatment of wounded and sick soldiers and their personnel, (2) the impartial reception and treatment of all combatants, (3) the protection of civilians providing aid to the wounded, and (4) the recognition of the Red Cross symbol as a means of identifying persons and equipment covered by the agreement. Our editors will review what youve submitted and determine whether to revise the article. The Geneva Conventions, which were most recently revised in 1949, consist of seven individual treaties which are open to ratification or accession by any sovereign state. https://www.history.com/topics/world-war-ii/geneva-convention. And not only extreme violence by one combatant against another; much of it was directed against civilians, who had not paid such a heavy price for mankind's warmongering since the Thirty Years War. . 0000031301 00000 n
The four Geneva Conventions are dated 12 August 1949. They contain stringent rules to deal with what are known as "grave breaches". It specifically prohibits murder, mutilation, torture, cruel, humiliating and degrading treatment, the taking of hostages and unfair trial.It requires that the wounded, sick and shipwrecked be collected and cared for.It grants the ICRC the right to offer its services to the parties to the conflict.It calls on the parties to the conflict to bring all or parts of the Geneva Conventions into force through so-called special agreements.It recognizes that the application of these rules does not affect the legal status of the parties to the conflict.Given that most armed conflicts today are non-international, applying Common Article 3 is of the utmost importance. Since the early 1920s, the ICRC had considered various projects - one of which was designed to protect the civilian population against the effects of war, in particular aerial warfare. 1 GCI-IV) or common Article 3 (Art. <>stream
It is therefore very important to preserve this precious humanitarian acquis obtained through the universal acceptance of the Conventions. Although the convention was not original, the disregard of humanitarian principles during the war made the restatement of its principles particularly important and timely. 0000016203 00000 n
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Principles of the Geneva Convention of6 July 1906, the Geneva Convention of27 July 1929 relative to the Treatment of Prisoners of War, and to established a Convention for the This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions. hbbd``b`~$A6`${@2l %PDF-1.6
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The discovery of the Nazi concentration camps and the extent of the mass extermination carried out within their walls added yet another layer of horror to the tragedy that the world lived through from 1939 to 1945. 2023 A&E Television Networks, LLC. Lectures on the Geneva Convention of 12 August 1949, Paperback by Department $16.76 . Two additional protocols to the 1949 agreement were approved in 1977. endobj Overcoming its apprehension, the ICRC organised a Preliminary Conference of National Red Cross Societies in Geneva to study the conventions protecting victims of war in September 1945, followed by a Conference of Government Experts in 1947. 0000010954 00000 n
Read more about what we do and who we are. . It contains 64 articles. 53 0 obj They stipulate that:combatants must not pose as civiliansindiscriminate attacks are not allowedacts of violence - or threats to commit them - whose primary purpose is to spread terror are prohibitedobjects indispensable to the survival of communities must not be destroyed In closing, therefore, I would like to reiterate our call for worldwide adherence to existing instruments of humanitarian law, in particular the Additional Protocols of the Geneva Conventions. The Geneva Conventions cover all of these situations. medical personnel, facilities and equipment, wounded and sick civilians accompanying military forces, civilians who take up arms to fight invading forces, hospital ships cannot be used for any military purpose nor captured or attacked, captured religious leaders must be returned immediately, all sides must attempt to rescue any shipwrecked personnel, even those from another side of the conflict, theyre only required to give their name, rank, birth date and serial number when captured, they must receive suitable housing and adequate amounts of food, they must not be discriminated against for any reason, they have the right to correspond with family and receive care packages, the Red Cross has the right to visit them and examine their living conditions. endstream 306 0 obj
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The Geneva Convention was a series of international diplomatic meetings that produced a number of agreements, in particular the Humanitarian Law of Armed Conflicts, a group of international laws for the humane treatment of wounded or captured military personnel, medical personnel and non-military civilians during war or armed conflicts. The fourth convention contained little that had not been established in international law before World War II. It was amended and extended by the second Geneva Convention in 1906, and its provisions were applied to maritime warfare through the Hague conventions of 1899 and 1907. ." 0000104949 00000 n
And, continues to protect people? 0000031583 00000 n
There are 196 state parties to the But when asked if they had ever heard of the Geneva Conventions, slightly less than half said they knew such rules existed. In these circumstances, ratification by the prior state entity means little. Geneva Conventions. . Although this places the 1977 Additional Protocols among the most widely accepted legal instruments in the world, we cannot be satisfied with this situation. 0
In 1977, Protocols I and II were added to the Conventions of 1949. Corrections? In addition, we exchanged 16,326 messages between Ethiopian and Eritrean POWs and their families. For a discussion, see, e.g., V. Chetail, The contribution of the International Court of Justice to international humanitarian law, in 85(850) International Review of the Red Cross (2003); R. Nieto-Navia, International Peremptory Norms (Jus Cogens) and International Humanitarian Law, in L. C. Vorah et al. 272 0 obj
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In a number of cases (e.g., in Yugoslavia, Rwanda, and Somalia), the United Nations Security Council declared that internal conflicts amounted to a threat to or a breach of international peace and security, which thus made its resolutions on the conflicts binding on the combatants. It is composed of 159 articles. "International Law and Justice in America's War on Terrorism." . 3938, August, 1950) will be referred to hereinafter as the Sick and Wounded, Maritime Prisoner of War and Civilian, These articles are said to be common to all four Geneva Conventions, e.g. The Encyclopedia is a project of the Geneva Academy of International Humanitarian Law and Human Rights launched on 2 December 2013. Facing economic, social, and political oppression, thousands of German Jews wanted to flee the Third Reich but found few countries willing to accept them. The Geneva Conventions and their Additional Protocols are at the core of international humanitarian law, the body of international law that regulates the conduct of armed conflict and seeks to limit its effects. In this ground-breaking commentary, over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today.Particular attention is paid to the changing nature of armed conflicts and It was enacted in 1948 and provided more than $15 billion to help finance rebuilding efforts on the continent. qTTXP)slPzeQD6"aq5TBOhJRNr $lC'W)\CaAS[*\WKe|h"T%J
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cx Later conventions also required humane treatment, adequate feeding, and delivery of relief supplies and forbade pressure on prisoners to supply more than a minimum of information. 55 0 obj trailer Yet it was not to be. It defines humanitarian protections for prisoners of war. Today the Geneva Conventions remain the cornerstone of contemporary international humanitarian law. The rules help draw a lineas much as is possible within the context of wars and armed conflictsbetween the humane treatment of armed forces, medical staff and civilians and unrestrained brutality against them. }^TNsO_}]SzKAC0YOE>or|n*ntV{. https://www.britannica.com/event/Geneva-Conventions, American Red Cross - Summary of the Geneva Conventions of 1949 and Their Additional Protocols, Cornell Law School - Legal Information Institute - Geneva Conventions and their additional protocols, The British Red Cross - Geneva Conventions, International Committee of the Red Cross - The Geneva Conventions of 1949 and their Additional Protocols, Geneva Convention - Children's Encyclopedia (Ages 8-11). A committee was formedwhich included Dunant and an early iteration of the Red Crossin Geneva to explore ways to implement Dunants ideas. 0000067597 00000 n
They contain the essential rules protecting persons who are not or no longer taking a direct part in hostilities when they find themselves in the hands of an adverse party. Some highlights of these rules are: Male and female prisoners of war received expanded protections in the Convention of 1949 such as: Articles were also put in place to protect wounded, sick and pregnant civilians as well as mothers and children. <>stream
The Geneva Conventions of 1949: origins and current significance 12-08-2009 Statement Ceremony to celebrate the 60th anniversary of the Geneva Conventions. To remedy these After four years of Red Cross-sponsored negotiations, two additional protocols to the 1949 conventions, covering both combatants and civilians, were approved in 1977. Over 190 states follow the Geneva Conventions because of the belief that some battlefield behaviors are so heinous and damaging, they harm the entire international community. The latter was to give a view on revising the two existing Geneva Conventions, on the " wounded and sick " and " prisoners of war " , and above all on preparing a new convention on the condition and protection of civilians in times of war. Address by Philip Spoerri, Director of International Law, ICRC. However, when stating the fact that this progress made in 1949 can only be explained on the background of the horrific sufferings incurred by the second world war, we should not forget that improvements in the protection of victims of war (in particular civilians) had actually been under discussion well before the outbreak of war. The diplomatic conference opened on 21 April in the presence of representatives from 64 countries, covering almost every State in the world at that time. <> through the exchange of Red Cross messages. Hitlers aim was to split the Allies in their drive toward Germany. Most online reference entries and articles do not have page numbers. However, since they were adopted warfare has changed considerably. Yet, customary law cannot replace the legal certainty gained by ratification of treaties. The Geneva Conventions are a series of international treaties concluded in Geneva between 1864 and 1949. 46 44 0000104836 00000 n
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<> The purpose of these visits is to prevent enforced disappearances, extra-judicial executions, torture and other cruel, inhuman or degrading treatment or punishment, to monitor the material conditions of detention and to restore family links i.a. I93. 0000091824 00000 n
Text of the Geneva Conventions as adopted by the Diplomatic Conference on August n t h , 1949, with the names of Signatory States and particulars of thc reservations made: (a) Geneva Convention for the Amelioration of the Condition of t h e Wounded -and Sick in Armed Forces in the Field of August ~ a t h 1949. . 17 Jan. 2023 . These persons are, as mentioned before, the wounded and sick, the shipwrecked, the prisoners of war and civilians, including those civilians living under occupation. The agreements were agreed upon by 12 nations and kingdoms in 1949 after the Second World War. The Convention also recognizes the distinctive emblems. These matters are mainly regulated by the Hague Conventions of 1907 and the two Additional Protocols to the Geneva Conventions of 1977. . GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949 PART I GENERAL PROVISIONS Article 1. This appears as a strong indicator that people in war-affected countries want to see better respect for and implementation of the law. See, N. Melzer. The Geneva Conventions of 1949 and their 1977 Additional Protocols constitute the heart of international humanitarian law. Germany signed the Convention of 1929, however, that didnt prevent them from carrying out horrific acts on and off the battlefield and within their military prison camps and civilian concentration camps during World War II. The Geneva Conventions protect all those who take no active part in hostilities,namely, civilians and combatants who are wounded, sick, shipwrecked or captured.In the view of the International Committee of the Red Cross (ICRC), 'the terms "direct and active refer to the same quality and degree of individual participation in hostilities'. The universal ratification of the Geneva Co nventions, together with their Additional Protocols, would establish a firm legal framework for the protection of war victims, wherever or whoever they may be. In the decades following World War II, the large number of anticolonial and insurrectionary wars threatened to render the Geneva Conventions obsolete. UB:Ve0Ekx pSX(LB0:BUHmcG}qS;Sq5St~5^NiiP-~i0SIs|
^UTh=$ {| Protocol II was the first-ever international treaty devoted exclusively to situations of non-international armed conflicts. In the two decades that followed the adoption of the Geneva Conventions, the world witnessed an increase in the number of non-international armed conflicts and wars of national liberation. 0000003470 00000 n
The Geneva Conventions of 1949 before the United States Senate - Volume 49 Issue 4 Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites. The task I have set myself for the next 20 minutes is to provide a brief reflection on the history of the Geneva Conventions of 1949 and on their current relevance. Text of Additional Protocol I (international conflicts) and its Commentary>Text of Additional Protocol II (non-international conflicts) and its Commentary>Text of Additional Protocol III (additional distinctive emblem) and its Commentary>. They protect people who do not take part in the fighting (civilians, medics, aid workers) and those who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war). This French phrase included in Protocol I to the Geneva Conventions is a simple and clear term of art. During these conventions, world leaders from countries like the United States, England, and Switzerland implemented protections for wartime. endobj Please refer to the appropriate style manual or other sources if you have any questions. <> Approximately 150 states are party to Protocol I; more than 145 states are party to Protocol II, though the United States is not. 2 common GCI-IV Only common Article 3 applies in armed conflicts not of an international character. The categories of persons entitled to prisoner of war status were broadened in accordance with Conventions I and II. Let us know if you have suggestions to improve this article (requires login). ." Yet, the question still rises frequently: Are the Conventions still relevant today; are they still relevant in contemporary wars? The current situation is unsatisfactory as it creates a patchwork of treaty obligations with the Protocols applicable in some conflicts but not in others. Geneva, 6 July 1906. International Committee of the Red Cross. They include traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervenes alongside the government. Thank you for being here this morning to mark the 60th anniversary of the Geneva Conventions. The bulk of the Convention deals with the status and treatment of protected persons, distinguishing between the situation of foreigners on the territory of one of the parties to the conflict and that of civilians in occupied territory. 0000001805 00000 n
Whats 70 years old? At the request of the international community, the ICRC has tried to remedy this situation by identifying the rules of customary humanitarian law that apply regardless of the ratification record of treaty law. Understandably, common Article 3 was the subject of the most intense and drawn-out discussions of the whole conference. However, very few provisions of the Geneva Conventions deal with weapons or the conduct of hostilities (see below). Sources. The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. 2. 56 0 obj https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/geneva-conventions-1949, "Geneva Conventions, 1949 The protocol also enabled the establishment of fact-finding commissions in cases of alleged breaches of the convention. These 9 weapons are banned from modern warfarePoisonous Gases. There are five types of chemical agent banned for use in warfare. Non-Detectable Fragments. The Convention on Certain Conventional Weapons bans the use of non-metallic fragment in war because they cant be found by using X-rays.Land Mines. Incendiary Weapons. Blinding Laser Weapons. Expanding Ordnance. Poisoned Bullets. Cluster Bombs. More items Article 3, common to the four Geneva Conventions, marked a breakthrough, as it covered, for the first time, situations of non-international armed conflicts. 3 GCI-IV). With a world community that, in 2000, comprised more than 180 sovereign states, a major overhaul of the Geneva Conventions remained elusive. By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. 52 0 obj . These four treaties related to (1) the treatment of prisoners of war; (2) the alleviation of the suffering of wounded and sick combatants in the field; (3) the alleviation of the suffering of the wounded, sick, and shipwrecked members of the armed forces at sea; and (4) the protection of civilian persons during war. Whatever developments may occur in the future, these should build upon these existing rules. The first two were adopted in 1977, more than 30 years ago, and the third more recently in 2005 introducing a new protective emblem, the Red Crystal. endobj And all of them have now been accepted by virtually every State in the world. Retrieved January 17, 2023 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/geneva-conventions-1949. . The U.S. Navys decisive victory in the air-sea battle (June 3-6, 1942) and its successful defense of the major base located at read more, The Zoot Suit Riots were a series of violent clashes during which mobs of U.S. servicemen, off-duty police officers and civilians brawled with young Latinos and other minorities in Los Angeles. <>stream
Lectures on the Geneva Convention of 12 August 1949, Paperback by Department $16.76 . A few figures from recent international armed conflicts may suffice to illustrate how the Geneva Conventions remain relevant for war victims. While the 1949 Geneva Conventions have been universally ratified, the Additional Protocols have not. The Conventions also confirm and strengthen the role of the medical mission medical personnel, medical units and transports must be respected and protected in all circumstances. But if you see something that doesn't look right, click here to contact us! 0000091513 00000 n
The events of World War II showed the disastrous consequences of the absence of a convention for the protection of civilians in wartime. 0000008450 00000 n
Described as a miracle by the then ICRC president, Paul Ruegger, the fourth Convention finally closed one of the most serious gaps exposed by the Second World War and all other wars before it. Geneva Conventions, 1949. "The Geneva Conventions of 12 August 1949: From the 1949 Diplomatic Conference to the Dawn of " International Affairs 76. More than 180 states have become parties to the Geneva Conventions of 1949. endobj The importance of the Geneva Conventions and their additional protocols was reflected in the establishment of war-crimes tribunals for Yugoslavia (1993) and Rwanda (1994) and by the Rome Statute (1998), which created an International Criminal Court. It grants the ICRC the right to offer its services to the parties to the conflict. Two additional $11.99 + $4.99 shipping . From this overview you can see that common Article 3 is not just an article like any other but indeed a mini-Convention within the Conventions. The International Court of Justice has called common Article 3 a reflection of elementary considerations of humanity. The horrific suffering Dunant saw impacted him so greatly he wrote a first-hand account in 1862 called A Memory of Solferino. 59 0 obj ZZJ+!%Q@+h In order to fully appreciate the relevance of the Geneva Conventions today, they have to be looked at in the proper perspective. The following four conventions were adopted as a result of these proceedings: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; Geneva Convention relative to the Treatment of Prisoners of War; Geneva Convention relative to the Protection of Civilian Persons in Time of War. According to common Article 3, the parties to an internal armed conflict commit to respecting peoples fundamental rights. Free It provides for the general protection of civilian populations from the effects of hostilities (but does not contain rules limiting the use of weapons) and governs the status and treatment of protected persons civilians on the territory of one of the parties to the conflict of which they are not nationals, and civilians in occupied territory.For more information on the history of the 1949 Geneva Conventions, see the ICRC Commentary to the Geneva Conventions, 1952. x.w+}'#3: `f3 8%6@[s& bm NXA>[)rG\gqVCI&}zP ubo\,6gQ\ Q-tCHGCG0A$ 0#3Ch*@R3a5 PU( \B&4?U?|Zop++0y(W;54#0+gQ y>/
The real value of the Conventions lies not alone in the good they help to achieve, but maybe even more so in the yet greater evil they have helped to prevent. GENEVA CONVENTIONS, a series of international agreements drafted for the amelioration (improvement)of the treatment of the sick and wounded, in parti, Copyright, International 0000076315 00000 n
This Convention replaced Hague Convention of 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention. The first two conventions elaborated on the principle that the sick and wounded have neutral status. Omissions? They revise and build on previous treaties, reaffirming established principles and adapting them to the conditions of modern warfare, and establish new rules. See, N. Melzer, Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, 2009, p. 43. Such rules include the humane treatment of civilians and of prisoners of war. 2: In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of What do the Geneva Conventions say about prisoners of war? The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. At the same moment, 18 government delegations also signed the four new Conventions. In the course of the conflict between Eritrea and Ethiopia, the ICRC visited, in the year 2000 alone, over 1,000 Ethiopian POWs and 4,300 civilian internees. 0000010183 00000 n
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Built at a cost that possibly exceeded $9 billion in todays dollars, the 280-mile-long line included dozens of fortresses, underground read more, The Marshall Plan, also known as the European Recovery Program, was a U.S. program providing aid to Western Europe following the devastation of World War II. International Committee of the Red Cross. The Protocol stated all people not taking up arms be treated humanely and there should never be an order by anyone in command for no survivors.. Bugnion, Francis. According to the American Red Cross, the new articles also added provisions to protect: Article 9 of the Convention specified the Red Cross has the right to assist the wounded and sick and provide humanitarian aid.
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