International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 118. Although[246] since the seventeenth century several hundreds of
special treaties have been concluded between different States regarding
the tending of each other's wounded and the exemption of army surgeons
from captivity, no general rule of the Law of Nations on these points
was in existence until the second half of the nineteenth century other
than one prohibiting the killing, mutilation, or ill-treatment of the
wounded. A change for the better was initiated by Jean Henry Dunant, a
Swiss citizen from Geneva, who was an eye-witness of the battle of
Solferino in 1859, where many thousands of wounded died who could, under
more favourable circumstances, have been saved. When he published, in
1861 and 1863, his pamphlet, _Un Souvenir de Solférino_, the Geneva
_Société d'utilité publique_, under the presidency of Gustave Moynier,
created an agitation in favour of better arrangements for the tending of
the wounded on the battlefield, and convoked an international congress
at Geneva in 1863, where thirty-six representatives of nearly all the
European States met and discussed the matter. In 1864 the Bundesrath,
the Government of the Federal State of Switzerland, took the matter in
hand officially, and invited all European and several American States to
send official representatives to a Congress at Geneva for the purpose of
discussing and concluding an international treaty regarding the wounded.
This Congress met in 1864, and sixteen States were represented. Its
result was the international "Convention[247] for the Amelioration of
the Condition of Soldiers wounded in Armies in the Field," commonly
called "Geneva Convention," signed on August 22, 1864. By-and-by States
other than the original signatories joined the Convention, and finally
the whole body of the civilised States of the world, with the exception
of Costa Rica, Monaco, and Lichtenstein, became parties. That the rules
of the Convention were in no wise perfect, and needed to be supplemented
regarding many points, soon became apparent. A second International
Congress met at the invitation of Switzerland in 1868 at Geneva, where
additional articles[248] to the original Convention were discussed and
signed. These additional articles have, however, never been ratified.
The First Hague Peace Conference in 1899 unanimously formulated the wish
that Switzerland should shortly take steps for the assemblage of another
international congress in order to revise the Geneva Convention. This
Congress assembled in June 1906, thirty-five States having sent
representatives, and on July 6, 1906, a new Geneva Convention[249] was
signed by Great Britain, Germany, Argentina, Austria-Hungary, Belgium,
Bulgaria, Chili, China, Congo Free State, Korea, Denmark, Spain, the
United States of America, Brazil, Mexico, France, Greece, Guatemala,
Honduras, Italy, Japan, Luxemburg, Montenegro, Norway, Holland, Peru,
Persia, Portugal, Roumania, Russia, Servia, Siam, Sweden, Switzerland,
and Uruguay.
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