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LAW 549

LAW 549. Protection of Civilians and Protection of the Environment. Outline. Civilians The General Rule The Principle of Distinction Respect for Civilians and their Property Special Protections for Women and Children Detention of Civilians Responsibilities in Occupation Environment

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LAW 549

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  1. LAW 549 Protection of Civilians andProtection of the Environment

  2. Outline • Civilians • The General Rule • The Principle of Distinction • Respect for Civilians and their Property • Special Protections for Women and Children • Detention of Civilians • Responsibilities in Occupation • Environment • Destruction • Incendiary Weapons • Dangerous Forces

  3. The General Rule The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations

  4. The Principle of Distinction In all operations, armed forces must distinguish between military objectives and civilians and their property.

  5. Prohibition Against Indiscriminate Attacks Indiscriminate attacks are: • Those which are not directed at a specific military objective; • Those which employ a method or means of combat which cannot be directed at a specific military objective; or • Those which employ a method or means of combat the effects of which cannot be limited.

  6. No Attacks Against Civilians • The civilian population as such, as well as individual civilians, shall not be the object of attack. • Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. Chemical Attack Against Halabja, Iraq, 1988

  7. Incendiary Weapons • It is prohibited in all circumstances to make the civilian population the object of attack by incendiary weapons

  8. Protected Persons GC IV defines “protected persons” as those who, in case of conflict or occupation, find themselves in the hands of a Party to the conflict or Occupying Power of which they are not nationals.

  9. Besieged or Surrounded Civilian Populations • The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases…

  10. Respect for Civilian Property • Civilian property shall not be the object of an attack • Civilian property shall not be subject to reprisals

  11. No Taking of Hostages The taking of hostages, carrying out of extra-judicial executions and/or outrages upon personal dignity are prohibited.

  12. No Human Shields The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

  13. Protection of Children • Children shall be the object of special respect and shall be protected against any form of indecent assault • If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate from the quarters of adults, except where families are accommodated as family units

  14. Protection of Children - Child Soldiers Members of the armed forces who have not attained the age of 18 years must not take a direct part in hostilities.

  15. Protection of Women Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault

  16. Internment The internment or placing in “assigned residence” of civilians may be ordered only if the security situation makes it absolutely necessary

  17. Protection For Detained Persons And Internees They are entitled to: • Food and water • Protection from weather • Protection from dangers of conflict • Allowed to practice religion • Receive and send mail • Women and Children in quarters separate from men • Medical examinations • Due process

  18. Deportations • Individual or mass transfers and deportations to belligerent territory or any other country are forbidden • Partial evacuations can take place (usually within occupied territory) for security reasons • Must provide satisfactory health, hygiene, nutrition, and accommodation

  19. Refugees • Shall be treated humanely in all circumstances. • No adverse distinction based upon race, colour, sex, language, religion or belief…or on any other similar criteria. • Each Party shall respect the person, honour, convictions and religious practices of all such persons.

  20. Starvation of Civilians Prohibited It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works.

  21. Basic Needs In Occupied Territories The Occupying Power shall, to the fullest extent of the means available to it … ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population….

  22. Common Protections in Occupation • Humane treatment • Respect for family rights, religion, honour, manners • and customs • Protection against acts of violence or threats • Protection against insults and public curiosity • No adverse distinction based on health, age, sex, • race, religion or political opinion

  23. Applicable Law in Occupied Territory • Civil /criminal laws of occupied territories stay in effect, unless they pose a security threat or are contrary to Convention • Courts continue to function • Occupying power may not alter the status of public officials or judges • May remove public officials from their posts • Occupying power may enact criminal laws as necessary to fulfill its obligations and maintain order • Due process for all trials and 6 months moratorium on all death sentences

  24. Protection of the Environment It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment and thereby prejudice the health or survival of the population.

  25. Attacks On Environment Prohibited • Destruction of the environment not justified by military necessity violates international humanitarian law. • Under certain circumstances, such destruction is punishable as a grave breach of international humanitarian law.

  26. Incendiary Weapons • States should take all measures required by international law to avoid making forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives.

  27. Environmental Modification • The military or any other hostile use of environmental modification techniques having widespread, long-lasting or severe effects as the means of destruction, damage or injury to any other State party is prohibited.

  28. Food and Water • Attacks on objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas or drinking water installations are prohibited

  29. Dangerous Forces • Avoid attacks on works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations • A.P. 1 Art. 56

  30. QUESTIONS?

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