Geneva Convention: Ukraine accuses Russia of killing surrendering soldiers

Source: The post is based on the article “Geneva Convention: Ukraine accuses Russia of killing surrendering soldiers” published in “The Hindu” on 4th December 2023

Why in the News?

Ukraine has accused Russia of violating the Geneva Convention by executing two unarmed Ukrainian soldiers who had signaled their intention to surrender.

What is the Geneva Convention?

The Geneva Conventions are a set of treaties and protocols that countries must follow during wartime.

They aim to 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).

Treaties and Protocols: The convention consists of four treaties which were formalized in 1949 and three additional protocols which were formalized afterwards:

Four Geneva Conventions:

1) First: Protects wounded and sick soldiers on land during war.

2) Second: Protects wounded, sick and shipwrecked military personnel at sea during war.

3) Third: Applies to prisoners of war (POWs), detailing their humane treatment during their captivity.

4) Fourth: It offers protections to civilians, including those in the occupied territory.

Three additional protocols:

1) Protocol I (1977): Protecting victims in international conflicts, including wars of liberation and conflicts against racist regimes.

2) Protocol II (1977):Focuses on protecting victims in non-international armed conflicts, such as civil wars.

3) Protocol III (2005): It created an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems.

Which countries are signatories to the Geneva Convention?

1) The Geneva Conventions have been ratified by 196 states, including all UN member states. The three Protocols have been ratified by 174, 169 and 79 states respectively. 

2) India has ratified the Geneva Conventions. In addition, it has also ratified the third protocol of 2005. However, India did not ratify the additional protocols 1 and 2 of 1977.

What is the role of the International Committee for the Red Cross (ICRC)?

1) International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland. 

2) State parties to the Geneva Convention have given the ICRC the mandate to protect victims of international and internal armed conflicts.

What is the potential prosecution under the Geneva Convention for war crimes?

1) War Crimes’ refers to grave breaches of the Geneva Conventions including wilful killing, torture or inhuman treatment, including biological experiments among others.

2) Under Article 8 of the Rome Statute of the International Criminal Court (ICC), it is the ICC that has jurisdiction in respect of war crimes.

UPSC Syllabus: International Relations