FORMATION OF INTERNATIONAL LEGAL STANDARDS OF HUMANE TREATMENT OF THE WOUNDED DURING WAR: GENESIS AND SIGNIFICANCE OF THE GENEVA CONVENTION OF 1864

Abstract

The article is devoted to the historical and legal analysis of the formation of international humanitarian norms based on the example of the Geneva Convention of 1864 – the first international treaty that initiated the legal codification of the principle of humanity in armed conflicts. The paper examines the prerequisites for its adoption, in particular the impact of the Battle of Solferino in 1859 and the activities of Henry Dunant, who initiated the creation of the Geneva Committee for the Relief of the Wounded, later transformed into the International Committee of the Red Cross. The author traces how the Convention transformed the moral ideas of compassion, mercy, and mutual assistance into binding international legal norms.Particular attention is paid to the analysis of specific articles of the Convention that defined the basic humanitarian principles: neutrality of hospitals (Art. 1), protection of medical and religious personnel (Art. 2), the right of civilians to assist the wounded (Art. 5), non-discriminatory provision of medical care (Art. 6), and the introduction of the distinctive emblem – the red cross on a white background (Art. 7). It is emphasized that these provisions laid the foundation for the concept of “protected persons” and became the cornerstone for the further development of the system of international humanitarian law, codified in the Geneva Conventions of 1906, 1929, and 1949, as well as in the Additional Protocols of 1977.The article underlines that the principles of the 1864 Convention remain relevant in the context of the ongoing Russian–Ukrainian war. Their implementation can be traced in the norms of Ukrainian national legislation, particularly in Article 438 of the Criminal Code, as well as in the activities of governmental and non-governmental organizations that ensure the protection of the wounded, medical personnel, and civilians.The author concludes that the Geneva Convention of 1864 became a historical turning point that affirmed the principle of humanity in law, transforming humanitarianism from a moral notion into a legal obligation of states.Its provisions serve as a moral and legal guideline for the modern world and have particular importance for Ukraine in the context of protecting war victims.