Chapter 8: Protection

of Civilians
Who are Civilians
 Who is a protected Civilian?
Article 4, Geneva Convention
Persons protected by the Convention are those who at a given moment and in
any manner whatsoever, find themselves, in case of a conflict or
occupation, in the hands of persons a Party to the conflict or Occupying
Power of which they are not nationals. Nationals of a State which is not
bound by the Convention are not protected by it. Nationals of a neutral
State who find themselves in the territory of a belligerent State, and
nationals of a co-belligerent State, shall not be regarded as protected
persons while the State of which they are nationals has normal diplomatic
representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in
Article 13. Persons protected by the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field of August 12, 1949, or by the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of August 12, 1949,or by the Geneva
Convention relative to the Treatment of Prisoners of War of August 12,
1949, shall not be considered as protected persons within the meaning of
the present Convention.
 3 Types of Civilians
1) civilians who find themselves on enemy
territory;
2) protected civilians whose territory is
occupied by the enemy;
3) enemys own territory and occupied
territories.
 THE PROTECTION OF THE
CIVILIAN POPULATION AGAINST
THE EFFECTS OF HOSTILITIES
Protection of the Civilian Population
Basic Rule: Article 49, Protocol I, ICRC

"In order to ensure respect for and protection of

the civilian population and civilian objects, the
Parties to the conflict shall at all times
distinguish between the civilian population and
combatants and between civilian objects and
military objectives and accordingly shall direct
their operations only against military objectives."
The Protection of Civilians
against Arbitrary Treatment
Report of the Secretary General on the protection
of Civilians in armed conflict
 The Protection of Civilians against
Arbitrary Treatment
A. Prevent and End Conflict

1) Prevent the outbreak, escalation, continuation

and recurrence of crisis, including but not limited
to armed conflict.
2) Address the root causes of conflict, promote
human rights and the rule of law, strengthen
governance and institutions and invest in
inclusive and sustainable development.

Secretary-Generals Reports on the Protection of Civilians in Armed Conflict

The Protection of Civilians against
Arbitrary Treatment
3) Improve the early-warning and early-
action mechanisms and ensure that we
have the capacity and political will to
intervene before it is too late.
4) Address illicit and irresponsible arms
transfers, which enable conflict and
undermine protection and peacebuilding
efforts.

Secretary-Generals Reports on the Protection of Civilians in Armed Conflict

 The Protection of Civilians against
Arbitrary Treatment
B. Enhance respect for international law and
promote good practice by parties to conflict

1) Enhance respect for IHL and IHR by encouraging

good practice by parties to conflict
2) Facilitate a global effort to mobilize Member
States, civil society and other stakeholders to
enhance respect for International Law and
strengthen the protection of civilians in conflict
 The Protection of Civilians against
Arbitrary Treatment
C. Protect the humanitarian and medical
mission and prioritize the protection of
civilians in United Nations peace operations

1) Facilitate humanitarian access and create

enabling environment for humanitarian action
 The Protection of Civilians against
Arbitrary Treatment
D. Prevent forced displacement and pursue
durable solutions for refugees and internally
displaced persons

1) Preventing and resolving conflict, strengthening

respect for international law and developing
operational policies and practices
2) Ensure that those who flee their homes receive
the protection and assistance they need
 The structure of Convention IV
a) Part II: rules benefiting all civilians
b) Part III: rules benefiting "protected
persons" (GC IV, Art 4)
i. Section II: rules protecting foreigners on a partys
own (= non-occupied) territory
ii. Section III: rules applicable to occupied territory
iii.Section I: rules common to the enemys own and
occupied territories
iv. Section IV: rules protecting civilian internees in
the enemys own and occupied territories
Part II: rules benefiting all civilians
a) aid and relief
b) special protection of women
c) special protection of children
d) special protection of journalists
e) restoring family links
f) fundamental guarantees
Part III: rules benefiting "protected
persons"
a) Who is a "protected civilian"?
GC IV, Art. 4
b) Rules on protected civilians
aa) foreigners on a partys own territory:
basically the rules protecting
foreigners in peacetime remain
applicable
Part III: rules benefiting "protected
persons"
bb) Right to leave (GC IV, Arts. 35-37, 48)
ART. 35. All protected persons who may desire to leave the territory at the
outset of, or during a conflict, shall be entitled to do so, unless their
departure is contrary to the national interests of the State. The applications
of such persons to leave shall be decided in accordance with regularly
established procedures and the decision shall be taken as rapidly as
possible. Those persons permitted to leave may provide themselves with
the necessary funds for their journey and take with them a reasonable
amount of their effects and articles of personal use.

If any such person is refused permission to leave the territory, he shall be

entitled to have such refusal reconsidered as soon as possible by an
appropriate court or administrative board designated by the Detaining
Power for that purpose.

Upon request, representatives of the Protecting Power shall, unless reasons

of security prevent it, or the persons concerned object, be furnished with the
reasons for refusal of any request for permission to leave the territory and
be given, as expeditiously as possible, the names of all persons who have
been denied permission to leave.
ART. 36. Departures permitted under the foregoing
Article shall be carried out in satisfactory conditions as
regards safety, hygiene, sanitation and food. All costs in
connection therewith, from the point of exit in the territory
of the Detaining Power, shall be borne by the country of
destination, or, in the case of accommodation in a
neutral country, by the Power whose nationals are
benefited. The practical details of such movements may,
if necessary, be settled by special agreements between
the Powers concerned.

The foregoing shall not prejudice such special

agreements as may be concluded between Parties to the
conflict concerning the exchange and repatriation of their
nationals in enemy hands.
ART. 37. Protected persons who are confined pending proceedings
or serving a sentence involving loss of liberty, shall during their
confinement be humanely treated.

As soon as they are released, they may ask to leave the territory in
conformity with the foregoing Articles.

ART. 48. Protected persons who are not nationals of the Power
whose territory is occupied,may avail themselves of the right to
leave the territory subject to the provisions of Article 35, and
decisions thereon shall be taken according to the procedure which
the Occupying Power shall establish in accordance with the said
Article.
Part III: rules benefiting "protected
persons"
cc) humane treatment
ART. 27. Protected persons are entitled, in all circumstances, to respect for their
persons, their honour, their family rights, their religious convictions and
practices, and their manners and customs. They shall at all times be humanely
treated, and shall be protected especially against all acts of violence or threats
thereof and against insults and public curiosity.

Women shall be especially protected against any attack on their honour, in

particular against rape, enforced prostitution, or any form of indecent assault.

Without prejudice to the provisions relating to their state of health, age and sex,
all protected persons shall be treated with the same consideration by the Party
to the conflict in whose power they are, without any adverse distinction based,
in particular, on race, religion or political opinion.

However, the Parties to the conflict may take such measures of control and
security in regard to protected persons as may be necessary as a result of the
war.
Part III: rules benefiting "protected
persons"
dd) forced labour
ART. 40. Protected persons may be compelled to work only to the same extent
as nationals of the Party to the conflict in whose territory they are.

If protected persons are of enemy nationality, they may only be compelled to do

work which is normally necessary to ensure the feeding, sheltering, clothing,
transport and health of human beings and which is not directly related to the
conduct of military operations.
ART. 51. The Occupying Power may not compel protected persons to serve
in its armed or auxiliary forces.No pressure or propaganda which aims at
securing voluntary enlistment is permitted.

The Occupying Power may not compel protected persons to work unless
they are over eighteen years of age, and then only on work which is
necessary either for the needs of the army of occupation, or for the public
utility services, or for the feeding, sheltering, clothing, transportation or
health of the population of the occupied country. Protected persons may not
be compelled to undertake any work which would involve them in the
obligation of taking part in military operations.The Occupying Power may
not compel protected persons to employ forcible means to ensure the
security of the installations where they are performing compulsory labour.

The work shall be carried out only in the occupied territory where the
persons whose services have been requisitioned are. Every such person
shall, so far as possible, be kept in his usual place of employment.Workers
shall be paid a fair wage and the work shall be proportionate to their
physical and intellectual capacities. The legislation in force in the occupied
country concerning working conditions, and safeguards as regards, in
particular, such matters as wages, hours of work, equipment, preliminary
training and compensation for occupational accidents and diseases, shall
be
ART. 95. The Detaining Power shall not employ internees as workers, unless they so desire.
Employment which, if undertaken under compulsion by a protected person not in internment,
would involve a breach of Articles 40 or 51 of the present Convention, and employment on work
which is of a degrading or humiliating character are in any case prohibited.

After a working period of six weeks, internees shall be free to give up work at any moment,
subject to eight days notice.

These provisions constitute no obstacle to the right of the Detaining Power to employ interned
doctors, dentists and other medical personnel in their professional capacity on behalf of their
fellow internees, or to employ internees for administrative and maintenance work in places of
internment and to detail such persons for work in the kitchens or for other domestic tasks, or to
require such persons to undertake duties connected with the protection of internees against
aerial bombardment or other war risks. No internee may, however, be required to perform tasks
for which he is, in the opinion of a medical officer, physically unsuited.

The Detaining Power shall take entire responsibility for all working conditions, for medical
attention, for the payment of wages, and for ensuring that all employed internees receive
compensation for occupational accidents and diseases. The standards prescribed for the said
working conditions and for compensation shall be in accordance with the national laws and
regulations, and with the existing practice; they shall in no case be inferior to those obtaining for
work of the same nature in the same district.Wages for work done shall be determined on an
equitable basis by special agreements between the internees, the Detaining Power, and, if the
case arises, employers other than the Detaining Power, due regard being paid to the obligation
of the Detaining Power to provide for free maintenance of internees and for the medical
attention which their state of health may require. Internees permanently detailed for categories
of work mentioned in the third paragraph of this Article shall be paid fair wages by the Detaining
Power. The working conditions and the scale of compensation for occupational accidents and
diseases to internees, thus detailed, shall not be inferior to those applicable to work of the same
nature in the same district.
Part III: rules benefiting "protected
persons"
ee) prohibition of collective punishment

ART. 33. No protected person may be punished for an offence he or she

has not personally committed. Collective penalties and likewise all
measures of intimidation or of terrorism are prohibited. Pillage is
prohibited.

Reprisals against protected persons and their property are prohibited.

Part III: rules benefiting "protected
persons"
ff) visits by the Protecting Power and by the ICRC
GC IV, Arts 9-10, 30 and 143

gg) if interned: civilian internees

GC IV, Arts 41-43, 68 and 78-135
 REFUGEES AND
DISPLACED PERSONS IN
IHL
III. Refugees and Displaced Persons in
International Humanitarian Law
Who are DISPLACED
PERSONS?
civilians fleeing within their own country,
e.g., from armed conflict. IHL protects those
displaced because of an international armed
conflict, e.g., grants them the right to receive
items essential to survival.
Who are REFUGEES?
those who fled their country.
Protection of Civilians
Prohibition of population displacements
Same protection as other civilians

References:
Document No. 26, African Union, Convention for
the Protection and Assistance of Internally
Displaced Persons in Africa
Document No. 50, ICRC, Sixtieth Anniversary of
the Geneva Conventions
Document No. 56, UN, Guiding Principles on
Internal Displacement
Protection of Civilians:

Persons fleeing into a third country because

of an armed conflict

protected by the OAU Convention, the 1984

Cartagena Declaration and UN General
Assembly Resolutions
Protection of Civilians
Refugees are protected by IHL if:

a. the third country is the adverse party in an

international armed conflict (GC IV, Art. 44);
b. the third country is affected by another
armed conflict.
Protection of Civilians
Persons fleeing persecution:
a. protected by IHL if the third country is
subsequently affected by an armed conflict

b. Otherwise, protected by the OAU

Convention, the 1984 Cartagena Declaration
and UN General Assembly Resolutions
The principle of non-refoulement in IHL

The practice of not forcing refugees or

asylum seekers to return to a country in
which they are liable to be subjected to
persecution
Special Rules on Occupied
Territories
 The place of rules on military
occupation in contemporary IHL
inter-State rules, which apply to situations
arising between two States, but which also
govern relations between individuals and a
State and between individuals
sources
Human Rights, Arts 42-56
GC IV, Sections I, III and IV
the contributions of Protocol I: Arts 44(3), 63,
69, 73 and 85(4)(a)
The applicability of the rules of IHL
concerning occupied territories
a. Independently of jus ad bellum
b. in the case of armed conflict (GC IV, Art.
2(1))
c. c) in the case of belligerent occupation
encountering no resistance (GC IV, Art. 2(2))
d. absence of sovereignty of the occupying
power
e. Beginning of the occupation;
f. annexation does not make the IHL of military
occupation inapplicable
Protected Persons
a. nationals of the occupied power
b. nationals of third States (except of co-
belligerent States)
c. refugees, even if they are nationals of the
occupying power
Philosophy of the rules on occupied
territories
a. protected interests of the territorys
population: its life must continue as
normally as possible;
b. protected interests of the occupying
power: security of the occupying forces;
 Legal Order of an Occupied
Territory
the principle concerning legislation: occupying
powers must leave local legislation in force
exceptions to the prohibition to legislate
the occupying power may legislate to ensure its
security.
the occupying power may adopt legislation essential for
the implementation of IHL.
the occupying power may adopt legislation essential for
the implementation of International Human Rights Law
the occupying power may legislate where necessary to
maintain public order.
Special rules on criminal law
penal laws in force are applied by existing local
tribunals

legislation introduced by the occupying power

Protection of Persons Deprived of Liberty

the principle: unlike combatants, civilians

may not be deprived of their liberty
indicted or convicted persons
judicial guarantees
detention in the occupied territory
humane treatment
handing over to local authorities at the end of
the occupation
 Civilian Internees
decision on internment or assignment to
residence (GC IV, Art. 78)
detailed rules on their treatment (GC IV, Arts 79-
135)

Re-interned prisoners of war (GC III, Art.

4(B)(1))
 Protection of private property
a. rights covered by the concept of property:
broader in common law than in civil law
traditions;
b. prohibition of pillage (GC IV, Art. 33(2);
HR, Arts 28 and 47 [CIHL, Rule 52]);
c. prohibition of confiscation of private
property (HR, Art. 46(2) [CIHL, Rule
51(c))
d. limited admissibility of requisitions (HR,
Art. 52)
 Specific Prohibitions
Deportations (GC IV, Art. 49(1))
Transfer of the occupying powers own
population (GC IV, Art. 49(6) [CIHL, Rule
130])
destruction of property, except when
rendered absolutely necessary by military
operations
Protection of economic, social
and cultural rights

food and medical supplies

Public health and hygiene
children and their education
protection of workers
cultural property
 The End of the Applicability of the
Rules on Occupied Territories
a. during an occupation according to
Convention IV (Art. 6 (3)), but not to
Protocol I (Art. 3(b));
b. in the case of self-government
c. In case of a peace treaty
d. Should the occupying power retreat
e. by UN Security Council determination
f. protection of persons who remain
detained or are not yet re-established
(GC IV, Art. 6(4))
TRANSMISSION OF
INFORMATION
Internment Cards
ART. 106. As soon as he is interned, or at the latest not
more than one week after his arrival in a place of
internment, and likewise in cases of sickness or transfer
to another place of internment or to a hospital, every
internee shall be enabled to send direct to his family, on
the one hand, and to the Central Agency provided for by
Article 140, on the other, an internment card similar, if
possible, to the model annexed to the present
Convention, informing his relatives of his detention,
address and state of health. The said cards shall be
forwarded as rapidly as possible and may not be delayed
in any way.
Notification
ART. 136. Upon the outbreak of a conflict and in all cases of occupation,
each of the Parties to the conflict shall establish an official Information
Bureau responsible for receiving and transmitting information in respect of
the protected persons who are in its power.

Each of the Parties to the conflict shall, within the shortest possible period,
give its Bureau information of any measure taken by it concerning any
protected persons who are kept in custody for more than two weeks, who
are subjected to assigned residence or who are interned. It shall,
furthermore, require its various departments concerned with such matters to
provide the aforesaid

Bureau promptly with information concerning all changes pertaining to these

protected persons, as, for example, transfers, releases, repatriations,
escapes, admittances to hospitals, births and deaths.
ART. 137. Each national Bureau shall immediately forward information
concerning protected persons by the most rapid means to the Powers of
whom the aforesaid persons are nationals, or to

Powers in whose territory they resided, through the intermediary of the

Protecting Powers and likewise through the Central Agency provided for in
Article 140. The Bureaux shall also reply to all enquiries which may be
received regarding protected persons. Information Bureaux shall transmit
information concerning a protected person unless its transmission might be
detrimental to the person concerned or to his or her relatives. Even in such
a case, the information may not be withheld from the Central Agency which,
upon being notified of the circumstances, will take the necessary
precautions indicated in Article 140.

All communications in writing made by any Bureau shall be authenticated by

a signature or a seal.
ART. 138. The information received by the national Bureau and
transmitted by it shall be of such a character as to make it possible
to identify the protected person exactly and to advise his next of kin
quickly. The information in respect of each person shall include at
least his surname, first names, place and date of birth, nationality,
last residence and distinguishing characteristics, the first name of
the father and the maiden name of the mother, the date, place and
nature of the action taken with regard to the individual, the address
at which correspondence may be sent to him and the name and
address of the person to be informed.

Likewise, information regarding the state of health of internees who

are seriously ill or seriously wounded shall be supplied regularly and
if possible every week.
Correspondence
ART. 107. Internees shall be allowed to send and receive letters and cards. If the
Detaining Power deems it necessary to limit the number of letters and cards sent by
each internee, the said number shall not be less than two letters and four cards
monthly; these shall be drawn up so as to conform as closely as possible to the
models annexed to the present Convention. If limitations must be placed on the
correspondence addressed to internees, they may be ordered only by the Power to
which such internees owe allegiance, possibly at the request of the Detaining Power.
Such letters and cards must be conveyed with reasonable despatch; they may not be
delayed or retained for disciplinary reasons.

Internees who have been a long time without news, or who find it impossible to
receive news from their relatives, or to give them news by the ordinary postal route,
as well as those who are at a considerable distance from their homes, shall be
allowed to send telegrams, the charges being paid by them in the currency at their
disposal.They shall likewise benefit by this provision in cases which are recognized to
be urgent.

As a rule, interneesmail shall be written in their own language. The Parties to the
conflict may authorize correspondence in other languages.