In
international humanitarian law, individuals are accorded a range
of "protections" from the effects of hostilities. Individuals
accorded such "protections" are called "protected
persons" within the specified limits of protection given them
by international humanitarian law. They fall into several distinct
categories. Historically the first group of individuals protected
by international treaties were combatants and not civilians. Early
treaties dealt with the treatment of casualties, protections for
medical personnel and facilities, and humane conditions for prisoners
of war.
In 1949, the four Geneva Conventions enunciated the first comprehensive
set of rules protecting combatants and noncombatants in international
armed conflicts. The first three conventions referred to the protection
of combatants and related personnelwounded and sick in the
field; wounded, sick, and shipwrecked at sea; and prisoners of warand
the fourth to the protection of civilians. A combatant in simplest
terms is a member of an armed forcea person who takes an active
part in hostilities, who can kill, and who, in turn, is a lawful
military target. A combatant can acquire the status of a protected
person under a number of circumstancesfor example, if captured
or wounded.
The four conventions require that protected persons be humanely
treated "without any adverse distinction founded on race, color,
religion or faith, sex, birth or wealth, or any other similar criteria."
Protected persons may not be willfully killed, injured, or used
for medical experiments. Captured and detained persons must be given
the food, clothing, shelter, and medical and spiritual care they
require. No one may be deprived of the right to a fair trial. Protected
persons may not be tortured, coerced, used as human shields or face
collective punishments.
The conventions do allow for some distinctions. They provide that
"women shall be treated with all the regard due to their sex,"
and that female prisoners of war have treatment equal to that given
men. The Fourth Geneva Convention also provides that women be protected
against "rape, enforced prostitution, or any form of indecent
assault." Additionally, it establishes "particular protection
and respect" for groups of individuals such as the wounded
and sick, expectant mothers, aged persons, children, ministers of
religion, and medical personnel.
The Fourth Geneva Convention further divides protected civilians
into thr
ee categories: aliens in the territory of a party to the conflict,
persons in occupied territory, and internees. These three groups
are provided with protections that vary according to membership
in one group or another, but all must be given the basic protection
codified in Article 27: respect, protection, and humane treatment
under all circumstances.
Additional Protocol I of 1977 supplies an ingredient missing from
the Fourth Convention. Specifically, Article 51 states that any
civilian "enjoys general protection against dangers arising
from military operations" and forbids direct attacks against
them as well as so-called indiscriminate attacks, which do not distinguish
between civilians and combatants. Additional Protocol I also elaborates
on Fourth Convention provisions that relief actions be undertaken
if a civilian population is not adequately provided with the basic
supplies essential to its survival.
Civil Conflicts: The first explicit treaty provision covering protected
persons in noninternational armed conflictsoften called internal
armed conflicts or civil conflictsis found in Common Article
3 of the 1949 Geneva Conventions. The basic principle is to require
humane treatment without adverse discrimination. It prohibits violence
to life and person, the taking of hostages, and outrages upon personal
dignity. The article calls for basic judicial and procedural guarantees
and an obligation to collect and care for the wounded and sick.
This principle of humane treatment under all circumstances is further
developed in the 1977 Additional Protocol II, which extended to
internal armed conflict many of the rules found in Protocol I and
the 1949 Conventions. Protocol II covers the civilian population,
both as a group and as individuals; the essence of the protection
is the prohibition against making civilians the object of attack.
Attacks are prohibited against dams, dikes, and nuclear power stations
if they may result in severe civilian losses. Also banned are attacks
on objects necessary for the survival of the civilian population.
Additionally, terrorism and starvation of civilians are prohibited
as methods of combat. So is forced displacement, unless undertaken
for security or imperative military reasons. Relief operations are
to be undertaken when the civilian population is suffering "undue
hardship." An important caveat is that technically Protocol
II applies only to internal armed conflicts in States that have
ratified it. Thus Common Article 3 is the applicable law for most
instances of noninternational armed conflict.
(See international vs. internal
armed conflict; sexual violence.)

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