[4]:561 Turner has argued that the Viet Minh might have prolonged the negotiations and continued fighting to achieve a more favorable position militarily, if not for Chinese and Soviet pressure on them to end the fighting. The Viet Minh never accepted ICC authority over such elections, stating that the ICC's "competence was to be limited to the supervision and control of the implementation of the Agreement on the Cessation of Hostilities by both parties. 2017. [2] His wartime experiences inspired Dunant to propose: The former proposal led to the establishment of the Red Cross in Geneva. [4]:559–60, On May 10, Phạm Văn Đồng, the leader of the Democratic Republic of Vietnam (DRV) delegation set out their position, proposing a ceasefire; separation of the opposing forces; a ban on the introduction of new forces into Indochina; the exchange of prisoners; independence and sovereignty for Vietnam, Cambodia, and Laos; elections for unified governments in each country, the withdrawal of all foreign forces; and the inclusion of the Pathet Lao and Khmer Issarak representatives at the Conference. On the other hand, many others viewed the North Vietnamese as a puppet of Communist International. Bedell Smith delivered a "unilateral declaration" of the U.S. position, reiterating: "We shall seek to achieve unity through free elections supervised by the United Nations to insure that they are conducted fairly.

[8] In addition, there was a widespread perception that the Diem government would collapse, leaving the Viet Minh free to take control of the area. [4]:593–4, Also on June 28, Tạ Quang Bửu, a senior DRV negotiator, called for the line of partition to be at the 13th parallel, the withdrawal of all French Union forces from the north within three months of the ceasefire, and the Pathet Lao to have virtual sovereignty over eastern Laos. One, the "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field", was the third version to replace the original convention of 1864. President George W. Bush, aided by Attorneys-General John Ashcroft and Alberto Gonzales and General Keith B. Alexander, claimed the power, as Commander in Chief of the Armed Forces, to determine that any person, including an American citizen, who is suspected of being a member, agent, or associate of Al Qaeda, the Taliban, or possibly any other terrorist organization, is an "enemy combatant" who can be detained in U.S. military custody until hostilities end, pursuant to the international law of war.[51][52][53]. Geneva, 12 August 1949", For example by the U.S. Supreme Court, see, "The Geneva Convention Relative to the Treatment of Prisoners of War", treaties.un.org: "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I)", treaties.un.org: "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (Protocol II)", "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (Protocol III)", "2016 Commentary on the Geneva Convention", "The Geneva Conventions of 1949 and their Additional Protocols", "How is the Term "Armed Conflict" Defined in International Humanitarian Law? The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties, and added two new conventions. The US sent a representative to the conferences, but did not sign the document[1], The Geneva Agreements of 1954 (also, "Geneva Accords") arranged a settlement which brought about an end to the First Indochina war. an israeli-palestinian initiative to end the conflict. The failure of reunification led to the creation of the National Liberation Front (better known as the Viet Cong) by Ho Chi Minh's government. [1] Specifically, the statement seemed to promise not only US acquiescence to the mandated elections, but aid in executing them. The "Convention relative to the Treatment of Prisoners of War" was not to replace these earlier conventions signed at The Hague, rather it supplemented them.[13][14]. While Laos and Cambodia got their independence, France chose to stay in Vietnam.

This ended with a war between French troops and the Vietnamese nationalists led by Ho Chi Minh. [1] It was intended to settle outstanding issues resulting from the Korean War and the First Indochina War. The possibility of retaining Hanoi and Haiphong or just Haiphong was dismissed, as the French believed it was preferable to seek partition with no Viet Minh enclaves in the south.[4]:585–7. "We have to make it clear to our people," Ho said that "in the interest of the whole country, for the sake of long-term interest, they must accept this, because it is a glorious thing and the whole country is grateful for that. Geneva, 12 August 1949", How "grave breaches" are defined in the Geneva Conventions and Additional Protocols, "Practice Relating to Rule 157. [dubious – discuss]. Despite helping create the agreements, they were not directly signed onto nor accepted by delegates of both the State of Vietnam and the United States. Geneva, 20 October 1868 – State Parties", "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. ", "Article 3 of the Convention (III) relative to the Treatment of Prisoners of War. [29], Conference among several nations that took place in Geneva from April 26->July 20, 1954; dealt with aftermath of Korean War and the First Indochina War, resulting in the partition of Vietnam-This conference 1954 divided Vietnam land into 2 countries. [39], The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3,[23] and additionally within the language of Protocol II. After the cessation of hostilities, a large migration took place. Representatives of 12 states and kingdoms signed the convention:[3][4], For both of these accomplishments, Henry Dunant became corecipient of the first Nobel Peace Prize in 1901. [8] Following their victory at Dien Bien Phu and given the worsening French security position around the Red River Delta, a ceasefire and partition would not appear to have been in the interests of the DRV.

The rationale for the limitation is to avoid conflict with the rights of Sovereign States that were not part of the treaties. Commentary (The Commentaries) is a series of four volumes of books published between 1952 and 1958 and containing commentaries to each of the four Geneva Conventions. The agreement was reached at the end of the Geneva Conference. The Geneva Conference was a conference involving several nations that took place in Geneva, Switzerland, from April 26 to July 20, 1954. Anthony Eden, leading the British delegation, favored a negotiated settlement to the conflict. Usually only the Geneva Conventions of 1949 are referred to as First, Second, Third or Fourth Geneva Convention. [4]:606, To put aside any notion specifically that the partition was permanent, an unsigned Final Declaration, stated in Article 6: "The Conference recognizes that the essential purpose of the agreement relating to Vietnam is to settle military questions with a view to ending hostilities and that the military demarcation line is provisional and should not in any way be interpreted as constituting a political or territorial boundary."[20]. [14] The negotiators were unable to agree on a date for the elections for reunification.


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