The Continuing Necessity of Geneva Conventions in a Dangerous World

The Geneva Conventions, a cornerstone of international humanitarian law, hold profound significance in today’s world, marked by escalating conflicts and complex geopolitical dynamics.

As we observe the 75th anniversary of their adoption, the Conventions’ relevance is underscored by the ongoing challenges in ensuring the protection of civilians, prisoners of war, and the wounded during armed conflicts. Despite the universal agreement on these rules of war, their practical application more often than not faces violations, as evidenced by the numerous armed conflicts around the globe nowadays. The Conventions comprise over 400 articles that articulate comprehensive protections, including the prohibition of torture, the safeguarding of hospitals and medical staff, and the allowance of humanitarian aid.

In the face of modern warfare’s evolution, with advanced and much deadlier military technologies and cyber warfare, the Geneva Conventions’ adaptability is continually put to the test. The principles enshrined within them, such as the humane treatment of non-combatants and the respect for basic human rights, are as vital as ever. They serve as a moral compass, an ethical manual guiding combatants to maintain a minimum of civility amidst the chaos and carnage of war. The Conventions also act as a legal framework for accountability, offering a basis for prosecuting war crimes and ensuring that even in war, there are limits to how hostilities can be conducted.

Yet, the applicability of these Conventions is not devoid of challenges. In fact, enforcing the Geneva Conventions in contemporary times presents a complex array of challenges. The conventions, established to safeguard human rights during conflicts, face difficulties due to the changing nature of warfare, including the rise of non-state actors and asymmetric warfare which often blur the lines of combat and complicate accountability. Moreover, the international community’s response to violations has proven time and again inconsistent, with geopolitical interests sometimes influencing whether and how transgressions are addressed, as we see currently the differential treatment of worthy and unworthy victims. The proliferation of armed conflicts, particularly in Africa and the Middle East, and proxy wars with the involvement of multiple parties further strain the capacity to monitor and enforce strict compliance.

What’s more, the conventions themselves may need some adjustment and adaptation to address the realities of 21st-century conflicts. In fact, the nature of modern warfare, with its urban settings and advanced technologies, poses new challenges to the enforcement of the Geneva Conventions. The deliberate targeting of medical facilities, schools, and ambulances, as well as the killing of aid workers and civilians in times of conflict are flagrant violations. Such actions not only contravene the conventions but also erode the very principles of humanity that they aim to uphold. The international community faces a critical juncture in addressing these violations and ensuring that those responsible are held accountable, whether through national jurisdictions or global bodies like the International Criminal Court (ICC).

There is an increasingly troubling pattern of Geneva Conventions violations in various global conflicts. For instance, the ongoing wars in several parts of the globe have seen an increase in such breaches, as noted by the International Committee of the Red Cross (ICRC). On the occasion of the 75th anniversary of the Geneva Conventions, the ICRC highlighted the urgent need for renewed commitment to international humanitarian law, especially given the current disregard for the rules of war in these regions. Similarly, the United Nations has documented a significant rise in civilian casualties in armed conflicts, with over 33,443 civilian deaths recorded in 2023, marking a 72 percent increase from the previous year. This stark number reflects the dire state of civilian protection and underscores the widespread violations of the Conventions designed to safeguard non-combatants.

Improving the enforcement mechanisms of the Geneva Conventions is a multifaceted challenge that requires a concerted effort from the international community. The Geneva Conventions, which form the cornerstone of international humanitarian law, are designed to protect the vulnerable during times of war and to limit the barbarity of armed conflicts. Despite their widespread ratification, compliance is not universal, and violations are unfortunately common. To enhance enforcement, there needs to be a more robust system of accountability that includes monitoring, reporting, and adjudicating violations. This could involve strengthening international courts and tribunals, and ensuring they have the jurisdiction to prosecute war crimes effectively without any undue political interference.

Additionally, there is a need for greater political will among nations to uphold and respect the Conventions. States can enact national legislation that aligns with the Geneva Conventions, ensuring that violations are punishable under domestic law. Furthermore, military training programs should incorporate international humanitarian law to foster a culture of compliance among combatants. The role of civil society and non-governmental organizations is also crucial in advocating for adherence to the Conventions and in providing education on their importance. Lastly, the use of modern technologies and the internet can be leveraged to increase transparency and to disseminate information widely about the obligations and protections under the Geneva Conventions. By taking these steps, the international community can work towards a more effective enforcement of the Geneva Conventions, safeguarding human dignity even in the midst of conflict.

Ultimately, the path to improving humanitarian protection and promoting universal peace is a collaborative effort that spans across sectors and disciplines. It requires the engagement of governments, non-governmental organizations, the private sector, and civil society to create an environment where peace and protection are not only aspirational goals but tangible realities. By combining immediate humanitarian actions with long-term peace-building strategies, it is possible to create a more secure and stable world for all.

While we reflect on the legacy and impact of the Geneva Conventions, as we celebrate their 75th anniversary, it’s evident that they have played a pivotal role in shaping the conduct of hostilities and framed the treatment of individuals in times of war. Their continued importance and relevance are not just historical but practical, as they still provide a set of guidelines that, when adhered to, can partially mitigate the horrors of war. The ongoing dialogue about their relevance and the need for adherence to these Conventions is a testament to their enduring impact. As conflicts are continuously evolving in different parts of the world, the Geneva Conventions remain a crucial framework for protecting human dignity and limiting the barbarity of war.

The author is Chief of Governance and State-Building Section, United Nations.

The article reflects the author’s opinions, and not necessarily the views of the United Nations nor China Focus.