Under the second Geneva convention wounded, sick, and shipwrecked persons as well as members of medical personnel and chaplains may in no circumstances renounce in part or in entirely the rights secured to them by the second Geneva Convention

Protocols

The 1949 conventions have been modified with three amendment protocols:

· Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts

· Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts

· Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem.

International Human Law and The Geneva Convention:

International Humanitarian Law (IHL) is the set of international rules and legal instruments that seek to minimize the destructive effects of war and prevent needless suffering. Enshrined in the Geneva Conventions, it does not concern itself with questions of war’s legality, but aims to regulate the way wars are fought once a conflict has started. Geneva Convention is a part of International Humanitarian law.

Above all, it is designed to provide legal protections on humanitarian grounds for those who are either not taking part in a conflict – such as civilians – or for the most vulnerable people who are no longer fighting (such as the wounded, the sick and prisoners).

Perhaps paradoxically, IHL represents a global attempt to humanize armed conflict.

Particularly since World War Two, the evolution of IHL has been deeply influenced by the development of human rights treaties such as the 1948 Universal Declaration of Human Rights, which have reinforced global consensus that everyone is entitled to basic human rights in both peace and war.

But IHL should not be confused with Human Rights Law, although the two regimes overlap, notably in areas such as the right not to be tortured. Certain human rights, such as the right of assembly, can be legally restricted during times of war. IHL, on the other hand, is – at least theoretically – universally applicable when fighting breaks out.

The reality is, of course, more complicated. In recent decades, the rise in the number of civil wars and ethnic insurgencies has complicated the application of the Geneva Conventions, the bulk of which govern cross-border international armed conflicts.

Although there are articles and protocols that apply to non-international armed conflict, many countries have been hesitant to implement IHL in the context of internal violence.

The U.S.-led “war on terror” has complicated matters even further amid arguments from some quarters that the fight against violent Islamist fundamentalism is an entirely new kind of conflict that simply falls outside the parameters of IHL.

The Second Geneva Convention

The Second Geneva Convention, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, is one of the four treaties of the Geneva Conventions. It was first adopted in 1906, after the Russo-Japanese war, but was significantly updated in 1929 and again in 1949. It adapts the main protections of the First Geneva Convention to combat at sea.

Personnel protected by the second Geneva Convention:

Personnel protected by the present Convention comprise the following five categories :

(a) Medical personnel of the navy and the merchant marine exclusively engaged in the care of the wounded, sick and shipwrecked (Articles 12 and 13) ;

(b)Personnel of the navy and the merchant marine exclusively engaged in the administration of medical services, including members of the crew of hospital ships ;

(c) Chaplains attached to the navy and the merchant marine ;

(d) The staff of National Red Cross Societies and other recognized relief societies, employed on the same duties as the personnel mentioned under (a) to (c) above and subject to military laws

and regulations.

(e) Personnel of relief societies of neutral countries who lead their assistance to a belligerent and are duly authorized to do so.

Essential provisions of the treaty:

The treaty is a lengthy document consisting of 63 articles. The most essential provisions of the treaty are:

· An article 12 and 18 requires all parties to protect and care for the wounded, sick, and shipwrecked.

· Article 21 allows appeals to be made to neutral vessels to help collect and care for the wounded, sick, and shipwrecked. The neutral vessels cannot be captured.

· Articles 36 and 37 protect religious and medical personnel serving on a combat ship.

· Article 22 states that hospital ships cannot be used for any military purpose, and owing to their humanitarian mission, they cannot be attacked or captured.

· Article 14 clarifies that although a warship cannot capture a hospital ship’s medical staff, it can hold the wounded, sick, and shipwrecked as prisoners of war.

There is currently 194 countries party to the 1949 Geneva Conventions, including this second treaty but also including the other three.

Essential articles explained:

Articles 12, 18: This Convention mandates that parties in battle take all possible measures to search for, collect, and care for the wounded, sick, and shipwrecked.” Shipwrecked” refers to anyone who is a drift for any reason, including those forced to land at sea or to parachute from aircraft.[1]

Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or ship- wrecked, shall be respected and protected in all circumstances, it being understood that the term ” shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft.

Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments ;they shall not willfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created. Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex.

Articles 21: Appeals can be made to neutral vessels, including merchant ships and yachts, to help collect and care for the wounded, sick, and shipwrecked. Those who agree to help cannot be captured as long as they remain neutral. The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead.

Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance. They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed.

Articles 36-37: Religious (chaplains), medical, and hospital personnel serving on combat ships must be respected and protected. If captured, they are to be sent back to their side as soon as possible. This provision is new.

Neither the 1899 Convention nor that of 1907 contained a provision granting protection to the personnel of hospital ships. It has, nevertheless, never been disputed that such personnel enjoy full security and are exempt from capture. It was still more necessary to specify that the crew of such medical ships were also entitled to immunity. The liberal conception adopted in 1864 and 1907 has been maintained completely, and the religious, medical and hospital personnel assigned to a hospital ship, likewise the crew, may not be either captured or retained. The liberal conception adopted in 1864 and 1907 has been maintained completely, and the religious, medical and hospital personnel assigned to a hospital ship, likewise the crew, may not be either captured or retained.

The protection of the personnel and crew is strengthened by two additional references. Such persons are to be protected through- out the time they are in the service of the hospital ship, and so may not be retained if they have had to leave their ship temporarily or to land. Similarly, their immunity may not be suspended if at any time there are no wounded or sick on board, for the ship must be able to move freely, even with no passengers, and must be ready to put to sea at any moment. The protection of the personnel and crew is strengthened by two additional references. Such persons are to be protected through- out the time they are in the service of the hospital ship, and so may not be retained if they have had to leave their ship temporarily or to land. Similarly, their immunity may not be suspended if at any time there are no wounded or sick on board, for the ship must be able to move freely, even with no passengers, and must be ready to put to sea at any moment. It should also be noted that the personnel of hospital ships are given constant protection because they are exclusively assigned to hospital duties. Lifeboat crews, on the other hand, will sometimes consist of part-time volunteers, that is to say, persons who are normally engaged in some other activity and take up rescue duties only in case of need.

The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected ;they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall after- wards be sent back as soon as the Commander-in-Chief, under whose authority they are, considers it practicable. They can also take their personal property while leaving.

Article 22: Hospital ships cannot be used for any military purpose. They cannot be attacked or captured. The names and descriptions of hospital ships must be conveyed to all parties in the conflict.[2] Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. This provision extends to hospital ships the immunity which Article 12 confers on the wounded, sick and shipwrecked. Hospital ships are entitled to protection regardless whether or not they are carrying victims on board. They are protected not only because they carry wounded persons, but also in their capacity as an instrument ready to assist the victims. Hospital ships are entitled to immunity “at all times “, in all circumstances. They will therefore be protected even if they are lying in a port where the installations may be considered to be military objectives. In such a case, however, although the hospital ship is still legally entitled to protection, in fact its security will be impaired. If the port installations were bombed, the hospital ship would also inevitably be endangered. The attacker must take every precaution in order to reduce risks to a minimum, but at the same time the commander of the ship must evaluate the danger involved and must not expose his ship more than is absolutely necessary.

Article 14: While a warship cannot capture a hospital ship’s medical staff, it can hold the wounded, sick, and shipwrecked as prisoners of war, providing they can be safely moved and that the warship has the facilities to care for them.All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment.

Conclusion:

The second Geneva convention is formed for the protection of the wounded, sick and the shipwrecked. It is actually formed for the protection of the people at sea while at war. It gives the belligerent parties strict guidelines on how to treat people at war specially those people who are not actively engaged in warfare and are at sea. It is very much necessary that all the parties abide by these international laws regarding warfare.

BIBLIOGRAPHY

· ‘What is the Geneva Convention?’ retrieved from : http://wiki.answers.com/Q/What_is_the_Geneva_Convention [Accessed on 1st April.2013]

· ‘Geneva Conventions” retrieved from: http://en.wikipedia.org/wiki/Geneva_Conventions.[Accessed on:26^th March,2013]

· ‘International Humanitarian Law’ retrieved from: http://www.trust.org/alertnet/crisis-centre/subtopic/international-humanitarian-law?gclid=CKbrx5C8nrYCFct56wodgHsAKg.[Accessed on:26^th March,2013]

· ‘Second Geneva Conventions’ retrieved from: http://en.wikipedia.org/wiki/Second_Geneva_Convention. [Accessed on:26^th March,2013]

· Article12,Second Geneva Conventions 1949 and Article 18, Second Geneva Conventions 1949.

· Article21,Second Geneva Conventions 1949.

· Articles 36,37 Second Geneva Conventions 1949.

· Article22,Second Geneva conventions 1949

· Article14,Second Geneva Conventions 1949.