Protection of Civilians in Time of War – International Humanitarian Law – Protection of Women Civilians

Date: September 28, 2015

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ICRC – International Committee of the Red Cross

https://www.icrc.org/en/document/even-wars-have-limits-civilians-should-never-be-targeted-0

CIVILIANS ARE NOT MILITARY TARGETS – DO NOT ATTACK THEM –
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Civilians must be protected. Arms bearers must at all
times make the distinction between the civilian population and combatants.

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https://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtectionOfCivilianPersons.aspx

Geneva
Convention Relative to the Protection of Civilian Persons in Time of
War

Adopted
on 12 August 1949 by the Diplomatic Conference for Establishment of
International Conventions for the Protection of Victims of War,
Held in Geneva from 21 April to 12 August 1949
Entry into force: 21 October 1950

Part I

GENERAL
PROVISIONS

Article 1

The High
Contracting Parties undertake to respect and to ensure respect for the present
Convention in all circumstances.

Article 2

In
addition to the provisions which shall be implemented in peacetime, the present
Convention shall apply to all cases of declared war or of any other armed
conflict which may arise between two or more of the High Contracting Parties,
even if the state of war is not recognized by one of them.

The
Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with
no armed resistance.

Although
one of the Powers in conflict may not be a party to the present Convention, the
Powers who are parties thereto shall remain bound by it in their mutual
relations. They shall furthermore be bound by the Convention in relation to the
said Power, if the latter accepts and applies the provisions thereof.

Article 3

In the
case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:

1. Persons
taking no active part in the hostilities, including members of armed forces who
have laid down their arms and those placed hors de combat by sickness, wounds,
detention, or any other cause, shall in all circumstances be treated humanely,
without any adverse distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria.

To this
end, the following acts are and shall remain prohibited at any time and in any
place whatsoever with respect to the above-mentioned persons:

(a)
Violence to life and person, in particular murder of all kinds, mutilation,
cruel treatment and torture;

(b) Taking
of hostages;

(d) The
passing of sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court, affording all the
judicial guarantees which are recognized as indispensable by civilized peoples.

2. The
wounded and sick shall be collected and cared for.

An
impartial humanitarian body, such as the International Committee of the Red
Cross, may offer its services to the Parties to the conflict.

The
Parties to the conflict should further endeavour to bring into force, by means
of special agreements, all or part of the other provisions of the present
Convention.

The
application of the preceding provisions shall not affect the legal status of
the Parties to the conflict.

Article 4

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 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.

Article 5

Where, in
the territory of a Party to the conflict, the latter is satisfied that an
individual protected person is definitely suspected of or engaged in activities
hostile to the security of the State, such individual person shall not be
entitled to claim such rights and privileges under the present Convention as
would, if exercised in the favour of such individual person, be prejudicial to
the security of such State.

Where in
occupied territory an individual protected person is detained as a spy or saboteur,
or as a person under definite suspicion of activity hostile to the security of
the Occupying Power, such person shall, in those cases where absolute military
security so requires, be regarded as having forfeited rights of communication
under the present Convention.

In each
case, such persons shall nevertheless be treated with humanity, and in case of
trial, shall not be deprived of the rights of fair and regular trial prescribed
by the present Convention. They shall also be granted the full rights and
privileges of a protected person under the present Convention at the earliest
date consistent with the security of the State or Occupying Power, as the case
may be.

Article 6

The
present Convention shall apply from the outset of any conflict or occupation
mentioned in Article 2.

In the
territory of Parties to the conflict, the application of the present Convention
shall cease on the general close of military operations.

In the
case of occupied territory, the application of the present Convention shall
cease one year after the general close of military operations; however, the
Occupying Power shall be bound, for the duration of the occupation, to the
extent that such Power exercises the functions of government in such territory,
by the provisions of the following Articles of the present Convention: 1 to 12,
27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, and 143.

Protected
persons whose release, repatriation or re-establishment may take place after
such dates shall meanwhile continue to benefit by the present Convention.

Article 7

In
addition to the agreements expressly provided for in Articles 11, 14, 15, 17,
36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other
special agreements for all matters concerning which they may deem it suitable
to make separate provision. No special agreement shall adversely affect the
situation of protected persons, as defined by the present Convention, nor
restrict the rights which it confers upon them.

Protected
persons shall continue to have the benefit of such agreements as long as the
Convention is applicable to them, except where express provisions to the
contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other of
the Parties to the conflict.

Article 8

Protected
persons may in no circumstances renounce in part or in entirety the rights
secured to them by the present Convention, and by the special agreements
referred to in the foregoing Article, if such there be.

Article 9

The
present Convention shall be applied with the cooperation and under the scrutiny
of the Protecting Powers whose duty it is to safeguard the interests of the
Parties to the conflict. For this purpose, the Protecting Powers may appoint,
apart from their diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said delegates shall be
subject to the approval of the Power with which they are to carry out their
duties.

The
Parties to the conflict shall facilitate to the greatest extent possible the
task of the representatives or delegates of the Protecting Powers.

The
representatives or delegates of the Protecting Powers shall not in any case
exceed their mission under the present Convention. They shall, in particular,
take account of the imperative necessities of security of the State wherein
they carry out their duties.

Article 10

The
provisions of the present Convention constitute no obstacle to the humanitarian
activities which the International Committee of the Red Cross or any other
impartial humanitarian organization may, subject to the consent of the Parties
to the conflict concerned, undertake for the protection of civilian persons and
for their relief.

Article 11

The High
Contracting Parties may at any time agree to entrust to an organization which
offers all guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.

When
persons protected by the present Convention do not benefit or cease to benefit,
no matter for what reason, by the activities of a Protecting Power or of an
organization provided for in the first paragraph above, the Detaining Power
shall request a neutral State, or such an organization, to undertake the
functions performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.

If
protection cannot be arranged accordingly, the Detaining Power shall request or
shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.

Any
neutral Power, or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions and
to discharge them impartially.

No
derogation from the preceding provisions shall be made by special agreements
between Powers one of which is restricted, even temporarily, in its freedom to
negotiate with the other Power or its allies by reason of military events, more
particularly where the whole, or a substantial part, of the territory of the
said Power is occupied.

Whenever
in the present Convention mention is made of a Protecting Power, such mention
applies to substitute organizations in the sense of the present Article.

The
provisions of this Article shall extend and be adapted to cases of nationals of
a neutral State who are in occupied territory or who find themselves in the
territory of a belligerent State with which the State of which they are
nationals has not normal diplomatic representation.

Article 12

In cases
where they deem it advisable in the interest of protected persons, particularly
in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to settling the
disagreement.

For this
purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Parties to the conflict a
meeting of their representatives, and in particular of the authorities
responsible for protected persons, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting Powers may, if necessary,
propose for approval by the Parties to the conflict, a person belonging to a
neutral Power or delegated by the International Committee of the Red Cross who
shall be invited to take part in such a meeting.

Part II

GENERAL
PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR

Article 13

The
provisions of Part II cover the whole of the populations of the countries in
conflict, without any adverse distinction based, in particular, on race,
nationality, religion or political opinion, and are intended to alleviate the
sufferings caused by war.

Article 14

In time of
peace, the High Contracting Parties and, after the outbreak of hostilities, the
Parties thereto, may establish in their own territory and, if the need arises,
in occupied areas, hospital and safety zones and localities so organized as to
protect from the effects of war, wounded, sick and aged persons, children under
fifteen, expectant mothers and mothers of children under seven.

Upon the
outbreak and during the course of hostilities, the Parties concerned may
conclude agreements on mutual recognition of the zones and localities they have
created. They may for this purpose implement the provisions of the Draft
Agreement annexed to the present Convention, with such amendments as they may
consider necessary.

The
Protecting Powers and the International Committee of the Red Cross are invited
to lend their good offices in order to facilitate the institution and
recognition of these hospital and safety zones and localities.

Article 15

Any Party
to the conflict may, either directly or through a neutral State or some
humanitarian organization, propose to the adverse Party to establish, in the
regions where fighting is taking place, neutralized zones intended to shelter
from the effects of war the following persons, without distinction:

(a)
Wounded and sick combatants or non-combatants;

(b)
Civilian persons who take no part in hostilities, and who, while they reside in
the zones, perform no work of a military character.

When the
Parties concerned have agreed upon the geographical position, administration,
food supply and supervision of the proposed neutralized zone, a written
agreement shall be concluded and signed by the representatives of the Parties
to the conflict. The agreement shall fix the beginning and the duration of the
neutralization of the zone.

Article 16

The
wounded and sick, as well as the infirm, and expectant mothers, shall be the
object of particular protection and respect.

As far as
military considerations allow, each Party to the conflict shall facilitate the
steps taken to search for the killed and wounded, to assist the shipwrecked and
other persons exposed to grave danger, and to protect them against pillage and
ill-treatment.

Article 17

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, and for the passage of ministers of all
religions, medical personnel and medical equipment on their way to such areas.

Article 18

Civilian
hospitals organized to give care to the wounded and sick, the infirm and
maternity cases, may in no circumstances be the object of attack, but shall at
all times be respected and protected by the Parties to the conflict.

States
which are Parties to a conflict shall provide all civilian hospitals with
certificates showing that they are civilian hospitals and that the buildings
which they occupy are not used for any purpose which would deprive these
hospitals of protection in accordance with Article 19.

Civilian
hospitals shall be marked by means of the emblem provided for in Article 38 of
the Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized
by the State.

The
Parties to the conflict shall, in so far as military considerations permit,
take the necessary steps to make the distinctive emblems indicating civilian
hospitals clearly visible to the enemy land, air and naval forces in order to
obviate the possibility of any hostile action.

In view of
the dangers to which hospitals may be exposed by being close to military
objectives, it is recommended that such hospitals be situated as far as
possible from such objectives.

Article 19

The
protection to which civilian hospitals are entitled shall not cease unless they
are used to commit, outside their humanitarian duties, acts harmful to the
enemy. Protection may, however, cease only after due warning has been given,
naming, in all appropriate cases, a reasonable time limit, and after such
warning has remained unheeded.

The fact
that sick or wounded members of the armed forces are nursed in these hospitals,
or the presence of small arms and ammunition taken from such combatants which
have not yet been handed to the proper service, shall not be considered to be
acts harmful to the enemy.

Article 20

Persons
regularly and solely engaged in the operation and administration of civilian
hospitals, including the personnel engaged in the search for, removal and
transporting of and caring for wounded and sick civilians, the infirm and
maternity cases, shall be respected and protected.

In
occupied territory and in zones of military operations, the above personnel
shall be recognizable by means of an identity card certifying their status,
bearing the photograph of the holder and embossed with the stamp of the
responsible authority, and also by means of a stamped, water-resistant armlet
which they shall wear on the left arm while carrying out their duties. This
armlet shall be issued by the State and shall bear the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

Other
personnel who are engaged in the operation and administration of civilian
hospitals shall be entitled to respect and protection and to wear the armlet,
as provided in and under the conditions prescribed in this Article, while they
are employed on such duties. The identity card shall state the duties on which
they are employed.

The
management of each hospital shall at all times hold at the disposal of the competent
national or occupying authorities an up-to-date list of such personnel.

Article 21

Convoys of
vehicles or hospital trains on land or specially provided vessels on sea,
conveying wounded and sick civilians, the infirm and maternity cases, shall be respected
and protected in the same manner as the hospitals provided for in Article 18,
and shall be marked, with the consent of the State, by the display of the
distinctive emblem provided for in Article 38 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of August 12, 1949.

Article 22

Aircraft
exclusively employed for the removal of wounded and sick civilians, the infirm
and maternity cases, or for the transport of medical personnel and equipment,
shall not be attacked, but shall be respected while flying at heights, times
and on routes specifically agreed upon between all the Parties to the conflict
concerned.

They may
be marked with the distinctive emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949.

Unless
agreed otherwise, flights over enemy or enemy-occupied territory are
prohibited.

Such
aircraft shall obey every summons to land. In the event of a landing thus
imposed, the aircraft with its occupants may continue its flight after
examination, if any.

Article 23

Each High
Contracting Party shall allow the free passage of all consignments of medical
and hospital stores and objects necessary for religious worship intended only
for civilians of another High Contracting Party, even if the latter is its
adversary. It shall likewise permit the free passage of all consignments of
essential foodstuffs, clothing and tonics intended for children under fifteen,
expectant mothers and maternity cases.

The
obligation of a High Contracting Party to allow the free passage of the
consignments indicated in the preceding paragraph is subject to the condition
that this Party is satisfied that there are no serious reasons for fearing:

(a) That
the consignments may be diverted from their destination;

(b) That
the control may not be effective; or

(c) That a
definite advantage may accrue to the military efforts or economy of the enemy
through the substitution of the above-mentioned consignments for goods which
would otherwise be provided or produced by the enemy or through the release of
such material, services or facilities as would otherwise be required for the
production of such goods.

The Power
which allows the passage of the consignments indicated in the first paragraph
of this Article may make such permission conditional on the distribution to the
persons benefited thereby being made under the local supervision of the
Protecting Powers.

Such
consignments shall be forwarded as rapidly as possible, and the Power which
permits their free passage shall have the right to prescribe the technical
arrangements under which such passage is allowed.

Article 24

The
Parties to the conflict shall take the necessary measures to ensure that
children under fifteen, who are orphaned or are separated from their families
as a result of the war, are not left to their own resources, and that their
maintenance, the exercise of their religion and their education are facilitated
in all circumstances. Their education shall, as far as possible, be entrusted
to persons of a similar cultural tradition.

The
Parties to the conflict shall facilitate the reception of such children in a
neutral country for the duration of the conflict with the consent of the
Protecting Power, if any, and under due safeguards for the observance of the
principles stated in the first paragraph.

They
shall, furthermore, endeavour to arrange for all children under twelve to be
identified by the wearing of identity discs, or by some other means.

Article 25

All
persons in the territory of a Party to the conflict, or in a territory occupied
by it, shall be enabled to give news of a strictly personal nature to members
of their families, wherever they may be, and to receive news from them. This
correspondence shall be forwarded speedily and without undue delay.

If, as a
result of circumstances, it becomes difficult or impossible to exchange family
correspondence by the ordinary post, the Parties to the conflict concerned
shall apply to a neutral intermediary, such as the Central Agency provided for
in Article 140, and shall decide in consultation with it how to ensure the
fulfilment of their obligations under the best possible conditions, in particular
with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun)
Societies.

If the
Parties to the conflict deem it necessary to restrict family correspondence,
such restrictions shall be confined to the compulsory use of standard forms
containing twenty-five freely chosen words, and to the limitation of the number
of these forms despatched to one each month.

Article 26

Each Party
to the conflict shall facilitate enquiries made by members of families
dispersed owing to the war, with the object of renewing contact with one
another and of meeting, if possible. It shall encourage, in particular, the
work of organizations engaged on this task provided they are acceptable to it
and conform to its security regulations.

Part III

STATUS AND
TREATMENT OF PROTECTED PERSONS

Section I

Provisions
common to the territories of the Parties to the conflict and to occupied
territories

Article 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.

Article 28

The
presence of a protected person may not be used to render certain points or
areas immune from military operations.

Article 29

The Party
to the conflict in whose hands protected persons may be is responsible for the
treatment accorded to them by its agents, irrespective of any individual
responsibility which may be incurred.

Article 30

Protected
persons shall have every facility for making application to the Protecting
Powers, the International Committee of the Red Cross, the National Red Cross
(Red Crescent, Red Lion and Sun) Society of the country where they may be, as
well as to any organization that might assist them.

These several
organizations shall be granted all facilities for that purpose by the
authorities, within the bounds set by military or security considerations.

Apart from
the visits of the delegates of the Protecting Powers and of the International
Committee of the Red Cross, provided for by Article 143, the Detaining or
Occupying Powers shall facilitate as much as possible visits to protected
persons by the representatives of other organizations whose object is to give
spiritual aid or material relief to such persons.

Article 31

No
physical or moral coercion shall be exercised against protected persons, in
particular to obtain information from them or from third parties.

Article 32

The High
Contracting Parties specifically agree that each of them is prohibited from
taking any measure of such a character as to cause the physical suffering or
extermination of protected persons in their hands. This prohibition applies not
only to murder, torture, corporal punishment, mutilation and medical or
scientific experiments not necessitated by the medical treatment of a protected
person but also to any other measures of brutality whether applied by civilian
or military agents.

Article 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.

Article 34

The taking
of hostages is prohibited.

Section II

Aliens in
the territory of a Party to the conflict

Article 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.

Article 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.

Categories: Releases

Protection of Civilians in Time of War – International Humanitarian Law – Protection of Women Civilians

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