The Reasons Behind the USSR's Decision Not to Sign the Geneva Conventions

The decision of the Soviet Union (USSR) to not sign the Geneva Conventions, particularly the 1949 conventions, was influenced by a complex mix of ideological, historical, military, and legal factors. Understanding these reasons is essential to comprehending the USSR's stance on international humanitarian law.

Ideological Differences

The USSR's governance was characterized by a strong adherence to Marxist-Leninist ideology, which often prioritized state interests and revolutionary goals over international humanitarian norms. From this perspective, the Geneva Conventions were seen as potentially undermining revolutionary movements and the broader aims of the socialist state.

Historical Context

The Soviet leadership was deeply skeptical of Western motives, perceiving the Geneva Conventions as tools used by capitalist states to impose their values and control over socialist countries. This skepticism was particularly pronounced during the Cold War, a period marked by intense competition and distrust with Western powers. The USSR sought to maintain its independence on the global stage, rejecting what it considered Western hegemony in international law.

Military Strategy

The Soviet military doctrine emphasized the necessity of "total war," where strict adherence to humanitarian principles could limit military effectiveness and strategic options. Leaders believed that prioritizing human rights could hinder their ability to achieve their goals through military action, thereby limiting their strategic flexibility.

Internal Legal Framework

While the USSR recognized the importance of legal frameworks for governing the conduct of war, it had its own legal and military codes that governed the treatment of prisoners and war victims. These internal codes were designed to reflect the USSR's own values and were believed to be sufficient, if not more comprehensive, than the Geneva Conventions.

Political Considerations

The decision not to sign the Geneva Conventions allowed the USSR to assert its independence on the global stage and reject Western hegemony in international law. By maintaining its own legal standards, the USSR could present itself as a sovereign and self-reliant entity, free from external influences.

Specific Rejections and Internal Legal Measures

Some of the rules in the Geneva Conventions were in disagreement with Soviet policies. For example, the Geneva Conventions allowed prisoners of war officers to have servants, which was not officially permitted for Soviet officers. Instead, the USSR recognized the Hague Convention of 1907, a treaty with many of the same key provisions as the Geneva Conventions. In 1931, the USSR passed a law entitled “Положение о военнопленных” (Regulations for Prisoners of War), which provided a framework for the humane treatment of POWs.

This internal legal framework often mirrored or even exceeded the provisions of the Geneva Conventions. For instance, the distinction between officers and soldiers was less pronounced, making the treatment of POWs more egalitarian.

International Implications

Despite the USSR's rejection of the Geneva Conventions, it should be noted that the rules of the Convention were not conditional and Nazi Germany was required to follow them. However, Hitler's regime refused to do so, deciding that certain groups of people, such as "Untermenschen," were not worthy of humane treatment.

Conclusion

The decision of the Soviet Union not to sign the Geneva Conventions was a result of a multifaceted approach that prioritized state sovereignty, military strategy, internal legal frameworks, and ideological considerations over the humanitarian principles outlined in the conventions. Understanding this context provides insight into the complex political and legal landscape of the USSR during the interwar period and the Cold War.