Insurgency

The Third Geneva Convention is probably the most recognized and important treaty concerning prisoners of war to ever be put down on paper that is recognized by the world over. Though this treaty is very thorough and complete in its wording regarding those that are affected and bound by its wording, there still is one major defect in the treaty that needs to be rectified and dealt with. This flaw is that there is no independent court body or commission that oversees abuses by parties against others in regards to their mistreatment or torture. Persons who find themselves at the hands of captors only have international courts or commissions as well as domestic courts to hear their cases. This can cause an untimely delay in hearing these cases,

What simile does Fitzgerald use to describe the way people came and went to Gatsby’s parties? (39)

Geneva Conventions are rules laid down by various member nations that are applied in times of armed conflict. The Geneva convention seeks to protect people the sick, civilians, the wounded, and prisoners of war. USA is a member nation of the Geneva Conventions, having signed the 1977 protocols. Under the Geneva Conventions, the torture and abuse of prisoners is barred. Waterboarding is a torture technique used on prisoners, hence, it is also

The Geneva Convention and its participants keep all prisoners of war on a uniformed playing field, to prevent

Geneva Convention Articles are expounded on in FM 2-22.3, which was a change from the previous version, FM 34-52, where some of the applicable articles were just introduced. FM 2-22.3 has included an appendix covering all the articles of the Third and Fourth Geneva Conventions. Although, these references can be found in numerous publications, by inserting them in the manual the authors reemphasize the importance of compliance with the Geneva Conventions and also reinforce the prohibition of torture, something that was not covered in FM 34-52.

The Geneva Conventions are a set of rules ,for countries that have taken part in the conventions, to conduct war by. They state how soldiers, sailors, POW’s, and civilians are to be treated during times of war between two opposing states or countries. They also show what is required to have the Conventions apply to each person. In the article “The President Is Not Bound by the Geneva Conventions in Dealing with Terrorists” by Jay Bybee, a united states appeals court judge, he talks about how terrorists should be treated under the rules of the Geneva Conventions. Bybee makes a point to say that terrorist groups like al-Qaeda are not a state so therefore the conventions do not apply to them.

Joint Publication (JP) 3-24 and Field Manual (FM) 3-24.2 have slightly different definitions of insurgency. JP 3-34 defines it as the organized use of subversion and violence by a group or movement that seeks to overthrow or force change of a governing authority. FM 3-24.2 defines it as a protracted politico-military struggle designed to weaken government control and legitimacy while increasing insurgent control. I have problems with both definitions. However, I disagree more with the joint publication. This paper will explain why.

In this essay, I will support the JP 3-24’s current definition of insurgency. It defines an insurgency as “The organized use of subversion and violence by a group or movement that seeks to overthrow or force change of a governing authority.” In CW4 Sicard’s COIN class we discussed that insurgencies mobilizes people and other resources to form an alternative to the state or government. As my historical example to defend this definition of insurgency, I will use the American Revolutionary War. The American Revolutionary War was essentially waged by insurgents, which were present in all the American colonies, which were still controlled by the British at the time. We were legally subjects of the British crown, but we wanted to break free

A range of legal and non-legal measures have been put into practice in order to help bring this practice to an end. The Geneva Conventions are a series of four treaties implemented between 1864 and 1949 to help limit its effects and to also control armed conflicts. In 1977, a number of additional protocols were also adopted into the Geneva Conventions in order to further recognise the issue of child soldiers by addressing the minimum age for recruitment or participation in armed conflict to 15 years. In addition, the Rome Statute of the International Criminal Court (1998) was established as a permanent court to try persons charged with committing war crimes, crimes against humanity and genocide particularly in conflicts in Uganda and Sudan. This is pivotal because the international prosecution of individuals in countries where they are unable or unwilling to punish is an effective way of achieving justice for the victim and society acting as a deterrent for future offenders. This is reflected in the case of Thomas Lubanga Dyilo (2006) whereby Dyilo was arrested for committing war crimes. Similarly, in the year 2000, the United Nations formulated an important treaty on child soldiers called The Optional Protocol to the Convention on the Rights of the Children on the Involvement of Children in Armed Conflict. This treaty sets the minimum age for

In recent studies and readings of wars, I would agree with the definition of Insurgency for JP 3-24 and FM 3-24.2. I want to focus on the definition part that says to overthrow, force, weaken, or change a government. This is crucial in defining why I support the term insurgency and what it means.

In 1864, Henri Dunant, the founder of the Red Cross, started the first Geneva Convention in Geneva, Switzerland. The second Convention was held in 1906, and the third Convention, which dealt with rules regarding the treatment of prisoners of war (“Geneva Convention” 180), was on July 27, 1929. More than forty representatives from different countries came together in Switzerland and signed the 1929 Convention (Wukovits 11). Consisting of ninety-seven articles, the document was very detailed on how prisoners of war were to be treated (11). A prisoner was read his rights and duties by his captor, and was able to communicate with his family (12). The prisoners’ food, clothing, and shelter also had to be similar to the captor’s troops (12). Articles 27 to 34 of the third

This Law of War compliance of all countries who put this together was to facilitate the restoration of peace between each other. It Accords with the seven Army Values, which is basically do the right thing. It even encourages our enemies to also follow the law of warfare. If we take care of their captured and wounded, they will soon follow. If they do not they are going against the Geneva and Hague Convention, and other countries will not be pleased. This Law of War even maintains and increases public support at home. If you know a loved one who is in the military, would you not feel more comfortable that they are being treated humanely. It allows Red Cross to enter and take care of our wounded and check on our Prisoners of War(POW). Furthermore, helps lower enemy resistance to surrender. By them knowing that we will not harm them if they surrender to the United States, puts us in accomplishing the mission faster. Lastly, it is the law of the United

In 1949, the Geneva Convention Relative to the Treatment of Prisoners of War was created to prohibit immoral, cruel and degrading punishment toward prisoners during wartime. The United States ratified this covenant and became a member of the Geneva Conventions. During Operation Iraqi Freedom, a series of human abuses occurred from October through December of 2003 where American military personnel have conducted acts of brutality and immoral behavior toward Iraqi detainees at the Abu Ghraib prison. The inhumane “interrogation method” of the American military have clearly violated Article 2 and 4 of the Geneva Conventions. Article 2.2 states “No exceptional circumstances whatsoever, whether a state

Irregular warfare has become the centre of much military and academic study in recent years, due mostly to the ongoing NATO operations in Afghanistan. However irregular warfare is by no means a recent revelation in the evolution of warfare and strategy, numerous examples exist throughout history in which irregular warfare tactics and strategy have been adopted and later analysed by academics and military professionals. This author will focus on the key issues that governments face in creating effective strategies for irregular warfare with a particular emphasis on counter-insurgency (COIN) and terrorism. Resources such as time, space, legitimacy and support present themselves as key issues in dealing with insurgency and terrorism and are

In the pursuit of positive peace for the global community, certain mechanisms are necessary in order to better protect human rights and resolve interstate conflicts. Prior to the events of World War II, a cogent set of laws defining those human rights, much less violations therein were never heard at an international scale. The International Criminal Court has the role as both appellate for justice and voice for peace in the international community but has not yet resolve the contradictory ends of both roles. That contradictory end is that many countries proclaim the necessity of the International Criminal Court as an advocate for conflict resolution and peace advocacy while being resist or outright antagonistic towards the court when their own state has committed those same crimes. To the ends of defending basic universal rights, the International Criminal Court (hereafter ICC) serves that capacity when state level systems cannot or will not act accordingly.