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Protection of civilian populations

Apart from a few provisions of limited scope, the Geneva conventions does not deal with the
general operation of civilian populations against the effect of hostilities. This matter came under
The Hague Conventions, most of whose rules go back to 1907 and have from that time acquired a
customary character and are still valid.

Part iv of the first Additional Protocol.

Civilian persons mean any person who does not belong to the armed forces and does not take part
in a “levee en Masse.” In case of doubt as to weather is a civilian or not, that person shall be
considered as a civilian.

The civilian population comprises all persons who are civilian. The presence within the Combatant
Population of individuals other than civilian persons does not deprive the population of its civilian
character.

Journalists engaged on dangerous professional missions in arears of armed conflicts are civilian
persons. The fundamental principle on the law of armed conflicts is based is expressed as follows;

In any armed conflict, the right of the parties to the conflict to choose methods or means of warfare
is not unlimited. Two basic rules follow this principle.

The first prohibits the use of weapons, projectiles and materials and methods of war fare of a nature
to ease un necessary injury. The second, in order to ensure respect and protection for the civilian
population and civilian property, obliges the parties to the conflict to distinguish at all times
between the civilian population and combatants, as well as between civilian property and military
objectives and to direct their operations only against military objectives. Article 50(1) of the
additional protocol 1 a civilian.

Article 50(1)1 defines a civilian any person who does not belong to the armed forces. Article
51(3)2 stipulates that all civilians shall enjoy protection unless they take part in direct hostilities.

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Additional protocol 1.
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ibid
However, they are still entitled to a minimum standard of protection as laid down in article 753 in
case they participate in hostilities which makes them lose their status.

Article 13 of the Geneva convention4 which grants general protection to the whole population
without any adverse distinction based on a civilian state, article 4 of the same convention clearly
excludes nationals of a state that is not bound by this convention and a national of a neutral state
who find themselves in the hands of the belligerent state.

Although this distinction only applies in international armed conflicts since non international
armed conflicts makes no distinction between civilians and they are equally protected. The
rationale behind this exclusion in article 4 of the Geneva convention IV is the assumption that
those civilians enjoy benefits of their domestic law.

Special categories of civilians protected.

1.Nationals of the adverse party.

This are the civilians of the opposing state and after finding the situation unbearable under war,
they may request to leave as under article 35 of the Geneva convention IV, however if the departure
is contrary to the national interests of the state, their request may be refused for instance if they
are old enough to be recruited in Army of the adverse party.

2. refugees and stateless persons.

A refugee Is a person who due to external aggression is forced to leave his country to another
origin, these are considered, unreliable and shall be deemed to be protected as under article 73.5

Rights of protected persons.

Respect for life, human treatment, dignity, family and prohibition against collective punishments
as enshrined in part III of the Geneva convention IV. Article 276 of civilians in times of war
contains articles for the safe guard of civilians. It goes on to provide the general safe guards for
protected persons. Their honor, family rights, religious convictions and customs should be

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ibid
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Geneva convention IV
5
Additional protocol 1
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Geneva convention relative to the protection
respected. They should be humanely treated and protected against violence, threats, insults, and
public curiosity.

Respect for private property under article 53 of the Geneva convention IV whereby destruction
of civilian’s private property is prohibited unless the property is in line with military objectives.

Prohibition of discrimination, all civilians shall be treated with the consideration by the party to
the conflict in whose power they are regardless of sex, colour as enunciated in article 27 of the
Geneva convention IV. The convention also provides for the protection of civilian population in
general, regardless of nationality, race, religion of political belief or any other similar criteria7.

Internment of civilians.

Article 428 makes it obvious as a penalty for the civilians of the occupied territories who have
committed offences to internment to be ordered by the secretary of the detaining power.

However, the civilians have a right to appeal this internment and also while in internment, they
have to be accommodated well and in places away from danger.

Principles of protection.

1. Principle of proportionality. This is based on assumption that the military advantage


foreseen must not outweigh the civilian losses. It is prohibited to launch an attack for
revenue loss to civilian population for the military gain as under article 51(2) of the
additional protocol 1.
2. Principle of precaution. Civilians must always be warned out of war zone as provided for
under article 57 of the additional protocol 1.
3. Principle of distinction. This is clearly stipulated under article 45 of the additional
protocol 1 that is the basic rule, that emphasizes distinguishing the military objectives from
the civilian population for instance combatants must wear uniforms.

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Article 12 of The Geneva Conventions of 12 august 1949.
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Geneva Convention IV.
4. Principle of prohibition of indiscriminative attacks. The international committee of red
cross rule 2, prohibits attacks which are not for military objectives and also methods which
are contrary to the international humanitarian principles

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