Fourth Geneva Convention in the context of "Geneva Convention"

The Geneva Conventions is a term used to collectively refer to the four Geneva Conventions of 1949 along with their two optional protocols (Additional Protocols I and II), which form the core of international humanitarian law and establish international legal standards for the treatment of non-combatants in war. Negotiated in the aftermath of the World War II, the Geneva Conventions of 1949 consist of four agreements, which replaced three earlier humanitarian conventions of 1906 and 1929 and added two new conventions. The First Geneva Convention addresses the treatment of sick and wounded field soldiers, Second Geneva Convention addresses the treatment of sick and wounded sailors, Third Geneva Convention addresses the treatment of prisoners or war, and Fourth Geneva Convention addresses the treatment of civilians during armed conflict.

Aside from the UN Charter, the Geneva Conventions are among the most widely ratified international agreements. The 1949 conventions were ratified, in their entirety or with reservations, by 196 countries. Much of the international humanitarian law contained in the Geneva Conventions has become customary international law, and therefore would apply to all states and non-state armed groups, even those that are not a party to the Geneva Conventions. The legal obligations created under the Geneva Conventions are somewhat different from other international treaties in that a breach of the Geneva Conventions by one party does not furnish a directly affected party with the option to cease complying with its treaty obligations.

Collective punishment is a punishment or sanction imposed on a group or whole community for acts allegedly perpetrated by a member or some members of that group or area, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator, as well as entire cities and communities where the perpetrator(s) allegedly committed the crime. Because individuals who are not responsible for the acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility. The punished group may often have no direct association with the perpetrator other than living in the same area and can not be assumed to exercise control over the perpetrator's actions. Collective punishment is prohibited by treaty in both international and non-international armed conflicts, more specifically Common Article 33 of the Fourth Geneva Convention and Article 4 of the Additional Protocol II.

In war, civilians are people who are not members of any armed force to the conflict. It is a war crime under the law of armed conflict to deliberately target civilians with military attacks, along with numerous other considerations to minimize civilian casualties during times of war. Civilians engaging in hostilities are considered unlawful combatants, and lose their protection from attack.

A civilian is slightly different from a non-combatant, because some non-combatants are not civilians (for example, people who are not in a military but support war effort or military operations, military chaplains, or military personnel who are serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is a civil war or an international one.

The Israeli Military Governorate was a military governance system established following the Six-Day War in June 1967, in order to govern the civilian population of the West Bank, the Gaza Strip, the Sinai Peninsula and the western part of Golan Heights. The governance was based on the Fourth Geneva Convention, which provides guidelines for military rule in occupied areas. East Jerusalem was the only exception from this order, and it was added to Jerusalem municipal area as early as 1967, and extending Israeli law to the area effectively annexing it in 1980. During this period, the UN and many sources referred to the military governed areas as Occupied Arab Territories.

The Egypt–Israel peace treaty led Israel to give up the Sinai Peninsula in 1982 and transform the military rule in the Gaza Strip and the West Bank into the Israeli Civil Administration in 1981. The Western part of Golan Heights was unilaterally annexed by Israel from Syria the same year, thus abolishing the Military Governorate system entirely.

Israeli settlements in the Israeli-occupied Palestinian territories of the West Bank and the Gaza Strip (former), as well as in the Syrian Golan Heights, are illegal under international law. These settlements are in violation of Article 49 of the Fourth Geneva Convention, and in breach of international declarations. In a 2024 advisory opinion by the International Court of Justice (ICJ) relating to the Palestinian territories, the court reaffirmed the illegality of the settlements and called on Israel to end its occupation, cease its settlement activity, and evacuate all its settlers.

The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the International Court of Justice and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories. Numerous UN resolutions and prevailing international opinion hold that Israeli settlements are a violation of international law, including UN Security Council resolutions 446 in 1979, 478 in 1980, and 2334 in 2016. In 2014, 126 Representatives at the reconvened Conference of the High Contracting Parties to the Geneva Conventions declared the settlements illegal, as well as the International Committee of the Red Cross.

Hooding is the placing of a hood over the entire head of a prisoner. Hooding is widely considered to be a form of torture; one legal scholar considers the hooding of prisoners to be a violation of international law, specifically the Third and Fourth Geneva Conventions, which demand that persons under custody or physical control of enemy forces be treated humanely. Hooding can be dangerous to a prisoner's health and safety. It is considered to be an act of torture when its primary purpose is sensory deprivation during interrogation; it causes "disorientation, isolation, and dread." According to the International Committee of the Red Cross, hooding is used to prevent a person from seeing, to disorient them, to make them anxious, to preserve their torturer's anonymity, and to prevent the person from breathing freely.

In 1997, the United Nations Committee Against Torture had concluded that hooding constituted torture, a position it reiterated in 2004 after the committee's special rapporteur had "received information on certain methods that have been condoned and used to secure information from suspected terrorists."

The Geneva Conventions, which were most recently revised in 1949, consist of seven individual treaties which are open to ratification or accession by any sovereign state. They are:

• The Geneva Conventions
  • First Geneva Convention
  • Second Geneva Convention
  • Third Geneva Convention
  • Fourth Geneva Convention
• Additional Protocols
  • Protocol I
  • Protocol II
  • Protocol III

The four 1949 Conventions have been ratified by 196 states, including all UN member states, both UN observers (the Holy See and the State of Palestine), as well as the Cook Islands. The Protocols have been ratified by 175, 170 and 80 states respectively. In addition, Article 90 of Protocol I states that "The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the [International Fact-Finding] Commission to enquire into allegations by such other Party, as authorized by this Article." 77 states have made such a declaration.

In the law of the US, Israel and the UK, an unlawful combatant, illegal combatant, or unprivileged combatant/belligerent is a person who directly engages in armed conflict and therefore is deemed not to be a lawful combatant protected by the Geneva Conventions.Critics, such as the International Committee of the Red Cross, point out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.

The Geneva Conventions apply in wars between two or more opposing sovereign states. They do not apply to civil wars between state forces, whether territorial or third state, and non-state armed groups. A state in such a conflict is legally bound only to observe Common Article 3 of the Geneva Conventions. All parties are otherwise completely free to either apply or not apply any of the remaining Articles of the Conventions. Article 5 of the Third Geneva Convention states that the status of detainees whose combatant status is in doubt should be determined by a competent tribunal. Until such time, they must be treated as prisoners of war. After a competent tribunal has determined that an individual is not a lawful combatant, the detaining power may choose to accord the individual the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so. An individual who is not a lawful combatant, who is not a national of a neutral state living in the belligerent territory, and who is not a national of a co-belligerent state, retains rights and privileges under the Fourth Geneva Convention and must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".