Dapo Akande comments on whether the Geneva Convention applies to terrorists

Dapo Akande appeared on BBC Radio 4s programme Iconoclasts on 31 August, responding to comments made by political commentator and former talk radio host Charlie Wolf, who proposed that the Geneva Convention - or, to be more specific, the treaties and articles of the Fourth Geneva Convention (1949) - only apply to conflicts between warring states, and not to individuals committing crimes on behalf of terrorist organisations.

Dapo responded by agreeing in part to Charlies point that the Conventions in the main apply to conflicts between states, but added that there is a provision in all four of the 1949 Conventions - known as Common Article 3 - which applies to non-international conflicts; in other words, conflicts between states and non-state groups. So it would not be correct to say that the conventions only cover wars between states.

Dapo also responded to Charlies view that terrorists are not protected by the Conventions because they do not abide by the Conventions rules; they have not, in effect, earned the benefits of the Conventions. Dapo said that although some provisions for prisoners of war depend on whether the prisoners abide by the Conventions, these Conventions are very specific in saying that even if the other side is not obeying these rules, you still have to abide by them.

The full programme can be heard here.

Dapo Akande is co-director of ELAC, the Oxford Institute for Ethics, Law and Armed Conflict.