The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.
The Fourth Geneva Convention only concerns protected civilians in occupied territory rather than the effects of hostilities, such as the strategic bombing during World War II. The Additional Protocol I to the Geneva Conventions (AP-1) finally prohibits all intentional attacks on "the civilian population and civilian objects." It also prohibits and defines "indiscriminate attacks" as "incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated." This rule is referred to by scholars as the principle of proportionality. Until well after World War II ended in 1945, the norm of reciprocity provided a justification for conduct in armed conflict.
In 1993, the United Nations Security Council adopted a report from the Secretary-General and a Commission of Experts which concluded that the Geneva Conventions had passed into the body of customary international humanitarian law, thus making them binding on non-signatories to the Conventions whenever they engage in armed conflicts.
Part I. General provisions
This sets out the overall parameters for GCIV:
Article 2: Application of the Convention
Article 2 states that signatories are bound by the convention both in war, armed conflicts where war has not been declared, and in an occupation of another country's territory.
The scope of Article 2 is broad:
In the commentary to the article Jean Pictet writes:
Article 3: Conflicts not of an international character
Article 3 states that even where there is not a conflict of international character, the parties must as a minimum adhere to minimal protections described as: non-combatants, members of armed forces who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, with the following prohibitions:
(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 judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Article 4: Definition of protected persons
Article 4 defines who is protected person:
It explicitly excludes "Nationals of a State which is not bound by the Convention" and the citizens of a neutral state in the territory of a belligerent power or nationals of a co-belligerent state (i.e., allied nation) if that state has normal diplomatic relations "within the State in whose hands they are." Dr. Ola Engdahl wrote "[t]he purpose of excluding [these] nationals from the category of protected persons was that they could rely on diplomatic protection of the state of nationality. Persons are either protected persons under the convention or can benefit from the diplomatic protection of their state of nationality."
A number of articles specify how protecting powers, ICRC and other humanitarian organizations may aid protected persons.
The definition of protected person in this article is arguably the most important article in this section because many of the articles in the rest of GCIV only apply to protected persons.
Article 5: Derogations
Article 5 provides for the suspension of persons' rights under the convention for the duration of time that this is "prejudicial to the security of such State", although "such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention."
The common interpretation of article 5 is that its scope is very limited. Derogation is limited to individuals "definitely suspected of" or "engaged in activities hostile to the security of the State." In paragraph two of the article, "spy or saboteur" is mentioned.