Civilians living under military occupation are entitled to protection under the Geneva Conventions but Israel is accused of breaching their terms with its campaign in Gaza. EPA
Civilians living under military occupation are entitled to protection under the Geneva Conventions but Israel is accused of breaching their terms with its campaign in Gaza. EPA
Civilians living under military occupation are entitled to protection under the Geneva Conventions but Israel is accused of breaching their terms with its campaign in Gaza. EPA
Civilians living under military occupation are entitled to protection under the Geneva Conventions but Israel is accused of breaching their terms with its campaign in Gaza. EPA

Geneva Conventions: 'Strained' laws of war face brutal Gaza test as they turn 75


Tim Stickings
  • English
  • Arabic

The Geneva Conventions, the laws of war, turn 75 years old on Monday as conflicts in the Middle East and Europe put their high humanitarian ideals to a brutal test.

Amid the ruins of the Second World War, the four treaties of August 12, 1949, laid down rules for the humane treatment of civilians, medics, wounded soldiers and prisoners of war.

“Even wars have rules,” as the lettering says on the Red Cross headquarters overlooking a UN compound in Geneva.

During the post-9/11 “war on terror” the Geneva rules were written off as old-fashioned in some quarters as the US waged a new kind of war with Al Qaeda.

But amid the land battles and military occupations of 2024, they are once again a crucial measurement used to judge, often harshly, the legal scruples of Israel, Hamas, Russia and Ukraine.

Mirjana Spoljaric, the president of the Red Cross, told The National she was “extremely concerned about the precedent that the situation in Gaza is setting for other conflicts”.

“The Middle East sits on a precipice that already sees the misery Palestinians and Israelis have endured radiate outward,” she said at a press conference marking the anniversary in Geneva.

Around the world “humanitarian law is under strain – disregarded, undermined, to justify violence … the dehumanisation of both enemy fighters and civilian populations is a path to ruin and disaster”.

Philippe Lazzarini, the head of Palestinian aid agency UNRWA, said the rules of war were "broken day in, day out" by Israeli forces in Gaza,

The Red Cross headquarters in Geneva proclaims that 'even wars have rules' - but those conventions are under increasing strain at a time of global conflicts. Tim Stickings / The National
The Red Cross headquarters in Geneva proclaims that 'even wars have rules' - but those conventions are under increasing strain at a time of global conflicts. Tim Stickings / The National

In military camps and headquarters around the world the conventions “have got a place in people's minds”, said Andrew Clapham, an international law professor at the Geneva Graduate Institute and a former UN adviser.

“Most soldiers, officers, fighters and rebels have heard of the Geneva Conventions, and it carries some weight in the sense that they have a vague idea that they can rely on them if they're captured,” he told The National.

The Israel-Gaza war has brought to the surface a feeling of double standards, that it never seems to be the West or its allies hauled into war crimes courts.

Lawyers and campaigners have frequently opened the Geneva Conventions to condemn Israel for its campaign in Gaza and its settler policy in the occupied West Bank.

Switzerland's ambassador to Oman, Thomas Oertle, said the conventions were "as relevant as ever" but "often not respected".

But with Russia also in the crosshairs of war crimes lawyers, the months and years ahead may prove to be a bigger moment for the Geneva Conventions than the anniversary passing on Monday.

Then and now

The first Geneva Treaty was signed in 1864 when rules were adopted on the treatment of wounded soldiers. Principles were laid down that medical staff should be protected and the injured cared for regardless of nationality.

They were the brainchild of Red Cross founder Henri Dunant, a Swiss businessman who was appalled by the suffering he witnessed at an 1859 battle in Italy.

A second convention in 1906 covered shipwrecked personnel, while a third in 1929 set rules on the treatment of prisoners of war. But the Second World War made clear that it was not just soldiers who needed protection.

Russian prisoners of war line up for food at a camp in Lviv, Ukraine. The Geneva Conventions ask rival armies to treat each other's prisoners humanely. Getty Images
Russian prisoners of war line up for food at a camp in Lviv, Ukraine. The Geneva Conventions ask rival armies to treat each other's prisoners humanely. Getty Images

The fourth Geneva Conventions, signed on August 12, 1949, demands that civilians be treated equally and humanely when caught up in battle or living under military occupation.

One crucial section banned occupying powers from forcibly displacing civilians or moving their population into captured territory.

At the same time, the treaties of 1864, 1906 and 1929 were updated to make a set of four Geneva Conventions that remain in force today.

The idea behind them is that “even when barbarism seems all around, human rights must prevail,” former UN secretary-general Ban Ki-moon said in 2009.

Modern warfare

In a post-9/11 world far removed from 1949, Mr Ban warned in the same speech that more thinking was needed about how the laws of war applied to non-state fighters.

Former US president George W Bush ordered Geneva's prisoner of war rules not to be applied to Al Qaeda, whose militants were deemed “unlawful combatants”.

One White House legal memo said the need to prevent terrorist attacks “renders obsolete” Geneva's limits on questioning prisoners. It said some of the rules were “quaint”.

The US ruled that Al Qaeda fighters held at Guantanamo Bay were not entitled to be treated as prisoners of war under the Geneva Conventions. AFP
The US ruled that Al Qaeda fighters held at Guantanamo Bay were not entitled to be treated as prisoners of war under the Geneva Conventions. AFP

But a kind of warfare more familiar to the framers of 1949 is playing out today as Ukraine and Russia's armies do battle and Israeli troops occupy Gaza and the West Bank.

The International Court of Justice ruled last month that Israel's settlements in the West Bank were in breach of Geneva's rules on population transfer.

Judges in The Hague also reminded “all states” that the risk of the conventions being breached should loom large over their arms exports to Israel.

Ms Spoljaric said the world “must recommit” to laws of war described as “principles of humanity” shared across societies and religions.

“Some states and armed groups have sought an increasingly expansive view of what is permissible,” she said.

“Where are the peacemakers? Where are the men and women leading the negotiations and preserving the space to do so?” .

Red Cross president Mirjana Spoljaric speaks at a press conference marking the 75th anniversary of the Geneva Conventions. EPA
Red Cross president Mirjana Spoljaric speaks at a press conference marking the 75th anniversary of the Geneva Conventions. EPA

Criminal risk

What are the consequences of a breach? When the Geneva Conventions were signed there was no permanent court that could bring war criminals to justice.

The Nuremberg trials of Nazi war criminals, which introduced the idea of crimes against humanity into law, were held by a special Allied tribunal. It was another one-off court, the criminal tribunal for the former Yugoslavia, that found Serb commanders guilty of the 1995 genocide of Bosnian Muslims at Srebrenica.

The Yugoslavia trials fuelled an appetite for a permanent court, leading in 2002 to the establishment of the International Criminal Court.

The Nuremberg trials of Nazi war criminals introduced the idea of crimes against humanity into international law. Getty Images
The Nuremberg trials of Nazi war criminals introduced the idea of crimes against humanity into international law. Getty Images

The war crimes covered by the ICC include “grave breaches” of the Geneva Conventions, for example killing or torturing people entitled to their protection.

Suspected war criminals have found themselves hauled into national courts in countries such as Germany and Switzerland under a principle of 'universal jurisdiction'.

“We've seen people being prosecuted for crimes committed in Liberia or Gambia who were not thinking that they would ever be prosecuted,” Prof Clapham said.

“They sought to live in Switzerland and then found themselves being prosecuted, the same as happened to Syrians in Germany, and there are prosecutions in Sweden, France and elsewhere.”

Gaza and Ukraine

Last year, the ICC issued an arrest warrant for Russian President Vladimir Putin over the alleged abduction of Ukrainian children.

This year, prosecutor Karim Khan applied for warrants for Israel's Prime Minister Benjamin Netanyahu, its Defence Minister Yoav Gallant and three leaders of Hamas, of whom two are now dead.

Israel is accused of using starvation as a means of war in Gaza, including by blocking aid that the Geneva Conventions say must go to civilians.

Lawyers have repeatedly invoked the conventions in a back-and-forth over whether the case against the Israeli command can proceed.

An anti-Israel protester dressed as Benjamin Netanyahu marches in London. The Israeli Prime Minister faces a possible arrest warrant from the ICC. AFP
An anti-Israel protester dressed as Benjamin Netanyahu marches in London. The Israeli Prime Minister faces a possible arrest warrant from the ICC. AFP

While one argument is that only Israel can punish its citizens under a 1990s peace deal, pro-Palestinian lawyers counter that those accords are trumped by the Geneva Conventions.

The interim Oslo Accords “cannot diminish or prejudice the rights of those under occupation”, which are guaranteed the by Geneva Conventions, the Organisation of Islamic Co-operation said.

In a legal filing, the OIC went on to say that some states “apply double standards and support the brutal aggression against the Palestinian people, granting the Israeli occupation immunity”.

The perception of double standards is “very damaging, in the sense that there's a feeling of unfairness,” Prof Clapham said.

“The big test now is of course the request for arrest warrants against the Israeli Prime Minister and Minister of Defence, and how not just the ICC deals with it but how western states deal with it.

“Everything that they said about the arrest warrant for Putin somehow is then tempered when they talk about their allies. That is going to be a big test.”

The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE. 

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Read part two: how climate change drove the race for an alternative 

Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

The five pillars of Islam

1. Fasting

2. Prayer

3. Hajj

4. Shahada

5. Zakat 

The years Ramadan fell in May

1987

1954

1921

1888

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
The five pillars of Islam

1. Fasting 

2. Prayer 

3. Hajj 

4. Shahada 

5. Zakat 

The years Ramadan fell in May

1987

1954

1921

1888

Know before you go
  • Jebel Akhdar is a two-hour drive from Muscat airport or a six-hour drive from Dubai. It’s impossible to visit by car unless you have a 4x4. Phone ahead to the hotel to arrange a transfer.
  • If you’re driving, make sure your insurance covers Oman.
  • By air: Budget airlines Air Arabia, Flydubai and SalamAir offer direct routes to Muscat from the UAE.
  • Tourists from the Emirates (UAE nationals not included) must apply for an Omani visa online before arrival at evisa.rop.gov.om. The process typically takes several days.
  • Flash floods are probable due to the terrain and a lack of drainage. Always check the weather before venturing into any canyons or other remote areas and identify a plan of escape that includes high ground, shelter and parking where your car won’t be overtaken by sudden downpours.

 

Not Dark Yet

Shelby Lynne and Allison Moorer

Four stars

The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.

Read part three: the age of the electric vehicle begins

Read part two: how climate change drove the race for an alternative 

Read part one: how cars came to the UAE

Bharat

Director: Ali Abbas Zafar

Starring: Salman Khan, Katrina Kaif, Sunil Grover

Rating: 2.5 out of 5 stars

How to help

Send “thenational” to the following numbers or call the hotline on: 0502955999
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The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE. 

Read part four: an affection for classic cars lives on

Read part three: the age of the electric vehicle begins

Read part one: how cars came to the UAE

 

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%3Cp%3E%3Cstrong%3EName%3A%20%3C%2Fstrong%3EPyppl%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EEstablished%3A%20%3C%2Fstrong%3E2017%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EFounders%3A%20%3C%2Fstrong%3EAntti%20Arponen%20and%20Phil%20Reynolds%26nbsp%3B%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20UAE%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ESector%3A%3C%2Fstrong%3E%20financial%20services%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EInvestment%3A%3C%2Fstrong%3E%20%2418.5%20million%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EEmployees%3A%3C%2Fstrong%3E%20150%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EFunding%20stage%3A%3C%2Fstrong%3E%20series%20A%2C%20closed%20in%202021%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EInvestors%3A%3C%2Fstrong%3E%20venture%20capital%20companies%2C%20international%20funds%2C%20family%20offices%2C%20high-net-worth%20individuals%3C%2Fp%3E%0A
Cricket World Cup League 2

UAE squad

Rahul Chopra (captain), Aayan Afzal Khan, Ali Naseer, Aryansh Sharma, Basil Hameed, Dhruv Parashar, Junaid Siddique, Muhammad Farooq, Muhammad Jawadullah, Muhammad Waseem, Omid Rahman, Rahul Bhatia, Tanish Suri, Vishnu Sukumaran, Vriitya Aravind

Fixtures

Friday, November 1 – Oman v UAE
Sunday, November 3 – UAE v Netherlands
Thursday, November 7 – UAE v Oman
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Dr Afridi's warning signs of digital addiction

Spending an excessive amount of time on the phone.

Neglecting personal, social, or academic responsibilities.

Losing interest in other activities or hobbies that were once enjoyed.

Having withdrawal symptoms like feeling anxious, restless, or upset when the technology is not available.

Experiencing sleep disturbances or changes in sleep patterns.

What are the guidelines?

Under 18 months: Avoid screen time altogether, except for video chatting with family.

Aged 18-24 months: If screens are introduced, it should be high-quality content watched with a caregiver to help the child understand what they are seeing.

Aged 2-5 years: Limit to one-hour per day of high-quality programming, with co-viewing whenever possible.

Aged 6-12 years: Set consistent limits on screen time to ensure it does not interfere with sleep, physical activity, or social interactions.

Teenagers: Encourage a balanced approach – screens should not replace sleep, exercise, or face-to-face socialisation.

Source: American Paediatric Association
About Karol Nawrocki

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• A nationalist, his campaign slogan was Poland First. "Let's help others, but let's take care of our own citizens first," he said on social media in April.

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• Met Donald Trump at the White House and received his backing.

Signs%20of%20%20%20%20%20%20%20heat%20stroke
%3Cul%3E%0A%3Cli%3EThe%20loss%20of%20sodium%20chloride%20in%20our%20sweat%20can%20lead%20to%20confusion%20and%20an%20altered%20mental%20status%20and%20slurred%20speech%3C%2Fli%3E%0A%3Cli%3EBody%20temperature%20above%2039%C2%B0C%3C%2Fli%3E%0A%3Cli%3EHot%2C%20dry%20and%20red%20or%20damp%20skin%20can%20indicate%20heatstroke%3C%2Fli%3E%0A%3Cli%3EA%20faster%20pulse%20than%20usual%3C%2Fli%3E%0A%3Cli%3EDizziness%2C%20nausea%20and%20headaches%20are%20also%20signs%20of%20overheating%3C%2Fli%3E%0A%3Cli%3EIn%20extreme%20cases%2C%20victims%20can%20lose%20consciousness%20and%20require%20immediate%20medical%20attention%3C%2Fli%3E%0A%3C%2Ful%3E%0A
Total eligible population

About 57.5 million people
51.1 million received a jab
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Where are the unvaccinated?

England 11%
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Northern Ireland 14% 

UAE currency: the story behind the money in your pockets
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Price: From Dh825,900

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Los Angeles Galaxy 2 Manchester United 5

Galaxy: Dos Santos (79', 88')
United: Rashford (2', 20'), Fellaini (26'), Mkhitaryan (67'), Martial (72')

MOUNTAINHEAD REVIEW

Starring: Ramy Youssef, Steve Carell, Jason Schwartzman

Director: Jesse Armstrong

Rating: 3.5/5

UK's plans to cut net migration

Under the UK government’s proposals, migrants will have to spend 10 years in the UK before being able to apply for citizenship.

Skilled worker visas will require a university degree, and there will be tighter restrictions on recruitment for jobs with skills shortages.

But what are described as "high-contributing" individuals such as doctors and nurses could be fast-tracked through the system.

Language requirements will be increased for all immigration routes to ensure a higher level of English.

Rules will also be laid out for adult dependants, meaning they will have to demonstrate a basic understanding of the language.

The plans also call for stricter tests for colleges and universities offering places to foreign students and a reduction in the time graduates can remain in the UK after their studies from two years to 18 months.

The years Ramadan fell in May

1987

1954

1921

1888

While you're here
COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
Who is Mohammed Al Halbousi?

The new speaker of Iraq’s parliament Mohammed Al Halbousi is the youngest person ever to serve in the role.

The 37-year-old was born in Al Garmah in Anbar and studied civil engineering in Baghdad before going into business. His development company Al Hadeed undertook reconstruction contracts rebuilding parts of Fallujah’s infrastructure.

He entered parliament in 2014 and served as a member of the human rights and finance committees until 2017. In August last year he was appointed governor of Anbar, a role in which he has struggled to secure funding to provide services in the war-damaged province and to secure the withdrawal of Shia militias. He relinquished the post when he was sworn in as a member of parliament on September 3.

He is a member of the Al Hal Sunni-based political party and the Sunni-led Coalition of Iraqi Forces, which is Iraq’s largest Sunni alliance with 37 seats from the May 12 election.

He maintains good relations with former Prime Minister Nouri Al Maliki’s State of Law Coaliton, Hadi Al Amiri’s Badr Organisation and Iranian officials.

Zakat definitions

Zakat: an Arabic word meaning ‘to cleanse’ or ‘purification’.

Nisab: the minimum amount that a Muslim must have before being obliged to pay zakat. Traditionally, the nisab threshold was 87.48 grams of gold, or 612.36 grams of silver. The monetary value of the nisab therefore varies by current prices and currencies.

Zakat Al Mal: the ‘cleansing’ of wealth, as one of the five pillars of Islam; a spiritual duty for all Muslims meeting the ‘nisab’ wealth criteria in a lunar year, to pay 2.5 per cent of their wealth in alms to the deserving and needy.

Zakat Al Fitr: a donation to charity given during Ramadan, before Eid Al Fitr, in the form of food. Every adult Muslim who possesses food in excess of the needs of themselves and their family must pay two qadahs (an old measure just over 2 kilograms) of flour, wheat, barley or rice from each person in a household, as a minimum.

How to donate

Send “thenational” to the following numbers or call the hotline on: 0502955999
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Updated: August 13, 2024, 6:39 AM`