Where is R2P grounded in international law? Anne-Marie Judson A ...

convention or not. This responsibility is relayed in paragraph 138 of the World
Summit outcome document which states; that each individual member state has the
responsibility to protect its populations from genocide, war crimes, ethnic cleansing,
and crimes against humanity. This responsibility entails the prevention of such crimes
including incitement which would suggest includes following through and persecuting
those who have committed these crimes. The state must also ensure that it is
preventing these crimes by integrating this Convention into local jurisdiction and
education.
The second Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and
Shipwrecked members of Armed Forces at Sea (1949) 238 extends these responsibilities of the
state in that it includes naval forces, and shipwrecked persons in the event of forced
landing at sea from aircraft or from any other cause. Anyone on board a warship can
demand the wounded, sick or shipwrecked from offshore military hospital ships so
long as they can show they have the facilities to protect the sick and provide medical
care. Conditions to this request are that the wounded no longer play a part in combat
or warfare from the time of transfer. This convention enforces as a war crime attack
on a military hospital ship that has been built and/or is equipped with medical
equipment to assist the wounded. Medical transporters are included by air or by sea,
so long as they are exclusively employed for the wounded, sick and shipwrecked for
transport of medical personnel and equipment. To attack any of these vehicles is a
war crime. 239
The third Geneva Convention relative to the Treatment of Prisoners of War (1949) 240 applies
to prisoners of war and acceptable minimum provisions. This convention applies to
the same protected persons as Convention I and II. Prisoners of war may fall into the
following categories: members of the armed forces as well as militias or volunteer
corps, other groups of militias, volunteer corps or resistance movements. A war crime
under this convention includes removing sums of money, articles for personal use,
including clothing, drinking bottles, gas masks, helmets and the like from a prisoner of
238 United Nations. (1949). The Geneva Convention for the Amelioration of the Conditions of the
Wounded, Sick and Shipwrecked members of the Armed Forces at Sea. United Nations.
239 See articles 14, page 4, Chapter iii, article 22, page 5, Chapter v, articles 38 to 40 pages 6 to 7
240 United Nations . (1949). The Geneva Convention relative to the Treatment of Prisoners of War.
United Nations.
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