Article
3 Common to the Four Geneva Conventions of 1949
Article
3, the text of which is repeated in all four Geneva Conventions,
is the only part of the conventions that applies explicitly to
internal armed conflicts. It has been called a "treaty in miniature,"
and sets forth the minimum protections and standards of conduct
to which the State and its armed opponents must adhere. The protections
it spells out are at the core of international humanitarian law.
Additional Protocol II of 1977 also covers internal armed conflicts,
but it is less widely accepted among States than the 1949 Conventions.
In
the case of armed conflict not of an international character occurring
in the territory of one of the High Contracting Parties, each
Party to the conflict shall be bound to apply, as a minimum, the
following provisions:
1.
Persons taking no active part in the hostilities, including members
of the armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all cases be treated humanely, without any adverse
distinction founded on race, color, religion or faith, sex, birth
of wealth, or any other similar criteria.
To
this end the following acts are and shall remain prohibited at
any time and in any place whatsoever with respect to the above-mentioned
persons: (a) violence to life and person, in particular murder
of all kinds, mutilation, cruel treatment and torture; (b) taking
of hostages; (c) outrages upon personal dignity, in particular
humiliating and degrading treatment; (d) the passing of sentences
and the carrying out of executions without previous judgement
pronounced by a regularly constituted court, affording all the
judicial guarantees which are recognized as indispensable by civilized
peoples.
2.
The wounded and sick shall be collected and cared for.
An
impartial humanitarian body, such as the International Committee
of the Red Cross, may offer its services to the Parties to the
conflict.
The
Parties to the conflict should further endeavor to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The
application of the preceding provisions shall not affect the legal
status of the Parties to the conflict.
|