Editing Fourth Geneva Convention (section)

== Part I. General provisions ==
[[Image:Warsaw 1939 refugees and soldier.jpg|thumb|Warsaw 1939 refugees and soldier]]
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 conflict]]s where [[Declaration of war|war has not been declared]], and in an [[Military occupation|occupation]] of another country's territory.

{{blockquote|In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.}}

The scope of Article 2 is broad:

{{blockquote|Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations.}}

In the commentary to the article [[Jean Pictet]] writes:

{{blockquote|1=They [conventions] are coming to be regarded less and less as contracts concluded on a basis of reciprocity in the national interests of the parties and more and more as a solemn affirmation of principles respected for their own sake, a series of unconditional engagements on the part of each of the Contracting Parties ' vis-à-vis ' the others.<ref>{{cite web|title=Treaties, States parties, and Commentaries – Geneva Convention (IV) on Civilians, 1949–53: Commentary of 1958|url=https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp?action=openDocument&documentId=5AA133B15493D9D0C12563CD0042A15A|publisher=International Red Cross}}</ref>}}

=== 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-combatant]]s, members of armed forces who have laid down their arms, and [[combatants]] who are ''[[hors de combat]]'' (out of the fight) due to [[wound]]s, [[detention (imprisonment)|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 [[hostage]]s;
*(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
*(d) the passing of [[sentence (law)|sentences]] and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the [[judicial]] [[guarantee]]s which are recognized as indispensable by civilized peoples.

=== Article 4: Definition of protected persons ===
Article 4 defines who is ''[[Protected persons|protected person]]'':

{{blockquote|Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.}}

It explicitly excludes "Nationals of a State which is not bound by the Convention" and the citizens of a [[neutral country|neutral state]] in the territory of a belligerent power or nationals of a [[Co-belligerence|co-belligerent]] state (i.e., [[alliance|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."<ref>{{cite book|url=https://books.google.com/books?id=OzV4n3DphsAC&pg=PA106|title=Protection of Personnel in Peace Operations: The Role of the "safety Convention" Against the Background of General International Law|author=Ola Engdahl|date=2007|page=106|publisher=[[Brill Publishers]]|isbn=9-7890-0415-4667}}</ref> 

A number of articles specify how ''protecting powers'', ''[[International Committee of the Red Cross|ICRC]]'' and ''other [[humanitarian organization]]s'' 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.<ref>[https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp?action=openDocument&documentId=12409217CE36C309C12563CD0042A5E0 Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949. COMMENTARY OF 1958], p. 52 (derogations)</ref> 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.