Aspectos gerais da guerra e as Convenções de Genebra de 1949: estrutura, efetividade e perspectivas

• Autor(a) principal: Lopes, Alexandre Eduardo Bedo
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33746
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Guerra; Conflito armado internacional; Convenções de Genebra de 1949; Direito internacional humanitário; Efetividade; War; International armed conflict; Geneva Conventions of 1949; International humanitarian law; Effectiveness

The Geneva Conventions of 1949 are the most important tools to minimize the devastating effects caused by wars to the people who are related to them, whether as combatants or the civilian persons affected. Considering the undeniable importance of these treaties, it is necessary to study them under various aspects, which was intended to accomplish in this work through the logical and systematic methods and technique of indirect documentation, without, however, exhaust the subject, because this is not its intention. Thus, after being approached generic concepts relating to the wars, the scope of the Geneva Conventions, were explained the structure and basic content of the four conventions and their three Additional Protocols. In addition, we examined the major wars fought over the 62 years of existence of the Conventions, in order to investigate whether or not they are fully observed by the signatory States that are in combat. Finally, we explained the main challenges and paradigms of these treaties, comparing them with possible solutions and prospects. It concluded with this work that the Geneva Conventions and their Protocols, although they provided better treatment to millions of prisoners of war, wounded and sick combatants and have saved thousands of lives in numerous armed conflicts hatched in recent years, they are striking and constantly flouted, especially as regards the treatment of prisoners of war (with an increasing number of incidents of torture, humiliation and executions) and the protection of civilian persons (increasingly hit in the fighting). Also this research monograph surmised that the effectiveness of the Conventions is directly linked to the adoption of various measures and to the occurrence of many factors, including: better regulation of the distinction between combatants and civilians; extension to non-international conflicts of the same protections and guarantees provided to international conflicts; correct framework for new types of fighters such as terrorists, more disclosure of the contents of the treaties to combatants and civilians, more adherence to the Additional Protocols by the signatories of the Conventions, among others