eli5: what happens if the Geneva convention is broken? my friend tried to explain to me but I still can’t understand
In: 320
In the past, nothing really happens if the victor breaks the conventions until they fall out of power and are prosecuted for their actions in the past. Think japan and Germany. In a more interconnected world though, sanctions(normally financial penalties) are dished out globally and international committees will put in place actions to curb their advancement and economy. Think Russia.
If the loser does it then in theory they should be punished but at that point they have probably lost greater stakes such as their entire country.
To put things in perspective though, almost all countries have participated in war crimes including the US and China. They go under the radar until they don’t.
True ELI5:
You are bullied(breaking Geneva conventions) all through primary school and you want to fight back in highschool. In highschool, If your bully still intimidates you and is stronger, you will be bullied the same and nothing will happen. Parents and teachers(sanctions) might intervene and scare the bully but if your bully smells blood you are screwed until you find the strength(fall of bully) to beat him. Then you sit down with him and go through what happened in primary school and dish out punishment(bully pays you money every year until you die)
If You never become stronger than the bully, no punishment ever and you will remain bullied
Nothing per se.
International “laws” isn’t actually laws as there isnt an executive branch. An international court can announce that an act is a violation but that’s where it ends. Other countries can denounce the act, apply sanctions and other diplomatic approaches (for instance, kicked Russia out of G7) but that’s on each member individually.
Depends on which country is breaking it and how powerful they are. At minimum it will get them a strongly worded letter from the UN. Other countries can impose sanctions or use other tools at their disposal as a form of punishment. If the country in question loses the war some soldiers or top generals can be prosecuted for war crimes in some neutral jurisdiction (like the ICC).
In many cases the Geneva conventions are enforced within the armed forces of the signatories. Those that have agreed to these treaties have also agreed to enforce them as laws within their militaries.
In the United States, for example, doing things that would violate the Geneva Conventions generally violate the Uniform Code of Military Justice. Those that do so are tried and punished under the UCMJ.
Of course, sometimes there are disputes. In general if a sovereign nation disputes a treaty violation there is no way to enforce it beyond what pressure the international community is willing to bring.
I promise not to tickle you until you pee yourself on the condition you offer me the same promise.
We are held to it by our honesty, but also if you start tickling me, you broke your promise so now I don’t need to keep mine.
Then since you broke your promise, others hold you accountable too. It may be through fines, sanctions, global pressures to stop or make amends, etc…
But the biggest guy on the block can tickle as much as he likes, and no one can tickle him back.
I promise not to tickle you until you pee yourself on the condition you offer me the same promise.
We are held to it by our honesty, but also if you start tickling me, you broke your promise so now I don’t need to keep mine.
Then since you broke your promise, others hold you accountable too. It may be through fines, sanctions, global pressures to stop or make amends, etc…
But the biggest guy on the block can tickle as much as he likes, and no one can tickle him back.
There are very few cases where breaking the Geneva Conventions led to a person getting arrested, tried, and convicted.
But that’s not the point of the Geneva Conventions.
It’s a tit for that agreement where two combatants agree not to go beyond a certain point in a conflict.
In wars where the Geneva Conventions did not apply, (the Pacific in WWII), the barbarity and atrocities by ALL sides were grotesque. And each side claimed justification for escalating the violence.
What do you lose by violating the Geneva Conventions?
Your soul. Your humanity. Your honor.
Nothing. It’s like at a big party and someone is being a dick. Other countries will be like “you’re being a jerk right now” but then everybody gets drunk and forgets about it.
Imagine that you and I are at war.
Let’s set some ground rules: no attacking civilians; no bombing hospitals; no torturing prisoners. If we both break the rules, we know what will happen: even the winner of the war will end up losing more than they could ever possibly gain. We both are trying to win, so we don’t want that. So I follow these rules because if I break them, so will you. You do the same.
After some time, the tides are turning. You’re starting to win this one. I don’t stand a chance. Maybe now I should break the rules, to temper your victory and make you think twice about doing this again? But of course I can’t – if I have to surrender, my fate will be in your hands, and I’m hoping you’ll be lenient. So I stick to the rules.
But what keeps you from breaking the rules? You’re gonna win either way, right? But other countries are watching closely, and nobody wants to live in a world where someone else can get away with breaking the rules. Lots of countries who hadn’t wanted to take sides before, might suddenly get interested in backing the underdog, rather than let a bully win.
So, what happens if someone violates the rules of war? Their enemies may do the same, and the consequences of *that* are far worse than any punishment from the UN or anyone else.
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