Rights and Duties in Armed Conflict
International Humanitarian Law obligations for attackers, defenders, and third-party states regarding civilian safety
This document outlines the complex legal obligations governed by International Humanitarian Law (IHL), primarily the Geneva Conventions and their Additional Protocols. The following breakdown details the key legal responsibilities for each party concerning civilian safety and the desire to flee conflict zones.
Core Principle: The Civilian Population Must Be Spared
The foundational rule of IHL is the principle of distinction. Parties to a conflict must at all times distinguish between combatants and civilians. Attacks may only be directed against combatants and military objectives. Civilians must not be attacked. The presence of individual combatants within a civilian population does not deprive the entire population of its civilian character.
Rights and Duties of the Parties
The attacking force (the military conducting siege and assault operations) has specific positive duties to protect civilians alongside their right to engage military targets.
To attack military objectives and neutralize the defender's capabilities. To control territory for military necessity.
Distinction and Proportionality: Must direct operations only against military objectives. Must refrain from attacks where expected civilian harm would be excessive relative to military advantage.
Precautions in Attack: Must give effective advance warning of attacks affecting civilians. Must choose means and methods to minimize civilian harm.
Ensuring Civilian Needs: While siege is recognized, deliberately starving civilians is illegal. Must allow humanitarian relief passage.
In essence: The attacker's military objectives are legally constrained by an absolute duty to protect civilians, including allowing safe passage and meeting basic survival needs.
The defender (the force controlling the besieged area) bears the most direct responsibility for civilians within its territory.
To defend itself from attack and maintain control over its territory and population.
Removal of Civilians from Military Objectives: Must avoid locating military assets in densely populated areas.
Separation of Civilians and Combatants: Must not use force to prevent civilians from leaving. Must not use civilians as human shields.
Respect for Humanitarian Relief: Must not deliberately obstruct delivery of humanitarian aid to civilians.
In essence: The defender has a primary duty to minimize danger to civilians by separating them from military operations and must not use them as pawns.
States not involved in the conflict have obligations centered on upholding IHL and providing humanitarian assistance.
To remain neutral and protect national interests. To provide humanitarian assistance and protect their own citizens.
Ensuring Respect for IHL (Common Article 1): Must not encourage violations and should take steps to persuade warring parties to comply with law.
Providing Humanitarian Assistance: Can offer aid through UN or Red Cross/Crescent. Should support impartial humanitarian organizations.
Accepting Refugees: Expected to admit people fleeing conflict and provide protection according to refugee law.
In essence: Neutral states must work to ensure conflict parties respect IHL while providing humanitarian support and refuge for those fleeing violence.
Attacker's Duty: Must warn of attacks and facilitate safe passage for civilians along designated routes. Cannot target those fleeing.
Defender's Duty: Must allow civilians to leave and not use force to prevent departure. Cannot use civilians as human shields.
Third-Party States' Role: Should advocate for safe corridors, provide humanitarian aid, and accept refugees escaping conflict.
In practice, these obligations often create disputes where attackers accuse defenders of preventing civilian movement, while defenders claim attackers don't provide safe routes. Failure to meet these duties constitutes serious IHL violations and potential war crimes.
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