PODCAST: explore the Geneva Conventions and what are subject to penal sanctions in this day and age. High Contracting Parties are obligated to search for individuals alleged to have committed or ordered these grave breaches, and bring them before their own courts, regardless of nationality. Alternatively, they may hand such persons over for trial to another High Contracting Party if a prima facie case has been made out.
The specific acts constituting grave breaches vary slightly depending on the Convention and the protected persons or property involved, but generally include actions that cause severe harm or deprivation.
Here are the grave breaches as defined in the Geneva Conventions:
- First Geneva Convention (for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field):
- Wilful killing
- Torture or inhuman treatment, including biological experiments
- Wilfully causing great suffering or serious injury to body or health
- Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly
- Second Geneva Convention (for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea):
- Wilful killing
- Torture or inhuman treatment, including biological experiments
- Wilfully causing great suffering or serious injury to body or health
- Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly
- Third Geneva Convention (relative to the Treatment of Prisoners of War):
- Wilful killing
- Torture or inhuman treatment, including biological experiments
- Wilfully causing great suffering or serious injury to body or health
- Compelling a prisoner of war to serve in the forces of the hostile Power
- Wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention
- Fourth Geneva Convention (relative to the Protection of Civilian Persons in Time of War):
- Wilful killing
- Torture or inhuman treatment, including biological experiments
- Wilfully causing great suffering or serious injury to body or health
- Unlawful deportation or transfer or unlawful confinement of a protected person
- Compelling a protected person to serve in the forces of a hostile Power
- Wilfully depriving a protected person of the rights of fair and regular trial prescribed in this Convention
- Taking of hostages
- Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly
These definitions highlight the grave nature of these acts and the international commitment to prosecute those responsible for them.
The sources provided do not explicitly use the term “scorched earth tactics.” However, they do address the destruction of property and resources during armed conflict, which aligns with the concept of such tactics.
Specifically, the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits certain destructive actions:
• Destruction of Property: Any destruction by the Occupying Power of real or personal property belonging to private persons, the State, other public authorities, or social/co-operative organizations is prohibited.
• Exception for Military Operations: This prohibition applies unless such destruction is rendered absolutely necessary by military operations.
Additionally, the First Geneva Convention addresses the destruction of medical supplies:
• Medical Material and Stores: The material and stores of fixed medical establishments of the armed forces shall not be intentionally destroyed. While these may be used by commanders in the field in cases of urgent military necessity, arrangements must be made for the welfare of the wounded and sick housed within them. Similarly, the material of mobile medical units that fall into enemy hands must be reserved for the care of the wounded and sick.