Humanity
in the Midst of War
For teachers: IHL Study Guide
 more...
Fundamental
Principles for Humanitarian Action
Introduction
Humanity in the midst of war is everyone's concern-a
concern that has grown since the terrorist attacks
of September 11, 2001 and the U.S. military's involvement
in Iraq. As Americans reluctantly bid "goodbye"
to loved ones deployed overseas, they also witness
daily news coverage of civilians fleeing conflict.
At times like this, it is important for people to
know the rules and principles that seek to limit the
effects of warfare.
Yet
few fully understand international humanitarian law
(IHL) and how it brings help and hope during war.
Today, more than ever, there is great need for the
observance of these international rules that limit
the effects of war and protect vulnerable groups of
people.
Over
the years, millions have been spared suffering or
death when nations and combatants show respect for
IHL. Wounded soldiers defenseless before an enemy,
prisoners of war held far from home, civilians caught
in the crossfire, medical and relief workers…their
safety and humane treatment are at the core of IHL.
Ensuring respect for IHL is the responsibility of
nations but also fundamental to the mission of the
International Red Cross and Red Crescent Movement
worldwide. Since its inception more than 130 years
ago, the Red Cross has played an essential role in
providing protection and assistance under IHL. When
the law is understood and honored, humanity triumphs
over hostility.
Today,
there is also a great need for compassion and tolerance
at home. Religion, heritage, culture and language
must not divide us.
Following
are some of the most frequently asked questions about
IHL and the fundamental principles for humanitarian
action, which provide the foundation for IHL.
What
is International Humanitarian Law?
Who does IHL protect? Does IHL protect
me?
Are international humanitarian law (IHL)
and human rights law different?
When is IHL used?
What are the basic rules of IHL?
Does IHL apply to the terrorist attacks
of September 11?
How does IHL protect the Afghan children?
Does IHL provide special protections
for women?
What does IHL say about child soldiers?
Is it a violation of IHL if civilians
are killed during war?
How does IHL protect U.S. soldiers
fighting in Afghanistan?
How is IHL enforced worldwide?
What is the role of the Red Cross during
armed conflict, locally and overseas?
What can I do to help?
How can I learn more about what is
being done to help the children of Afghanistan?
How can I learn more about IHL?
Q1:
What is International Humanitarian Law?
A1:
International Humanitarian Law (IHL) encompasses both
humanitarian principles and international treaties
that seek to save lives and alleviate suffering of
combatants and noncombatants during armed conflict.
It's principal legal documents are the Geneva Conventions
of 1949, four treaties signed by almost every nation
in the world. The Conventions define fundamental rights
for combatants removed from the fighting due to injury,
illness, or capture, and for civilians. The 1977 Additional
Protocols, which supplement the Geneva Conventions,
further expand those rights.
Q2:
Who does IHL protect? Does IHL protect me?
A2:
IHL protects wounded, sick or captured members of
the armed forces, and civilians. Wounded and sick
combatants — to whatever nation they may belong,
are to be collected and cared for under the provisions
of the First Geneva Convention. They cannot be murdered
or subjected to torture or biological experiments.
They are to receive adequate care and are to be protected
against pillage or ill treatment. The Convention also
protects medical workers, military religious personnel,
military medical facilities and mobile units.
Wounded,
sick, and shipwrecked combatants at sea are protected
by the Second Geneva Convention. They receive the
same protection as soldiers on land, extended to conditions
encountered at sea. Hospital ships are protected.
Prisoners
of war (POWs), protected by the Third Geneva Convention,
must be treated humanely and provided with adequate
housing, food, clothing and medical care. They are
not to be subjected to torture or medical experimentation
and must be protected against acts of violence, insults,
and public curiosity. Captured war correspondents
and civilians authorized to accompany the military
are also entitled to this status.
Civilians
are protected under the Fourth Geneva Convention.
At all times, parties to the conflict must distinguish
between civilians and combatants and direct their
operations only against military targets. Civilians
must be permitted to live as normally as possible.
They are to be protected against murder, torture,
pillage, reprisals, indiscriminate destruction of
property and being taken hostage. Their honor, family
rights, religious convictions and practices are to
be respected. Occupying forces shall ensure and allow
safe passage of adequate food and medical supplies
and the establishment of hospital and safety zones
for the wounded, sick, elderly, children, expectant
mothers, and mothers of young children. This convention
provides special protection for women and children.
The hospital staff caring for these individuals are
to be respected and protected.
The
Geneva Conventions call for humanitarian assistance
to be carried out by the International Committee of
the Red Cross (ICRC), Red Cross and Red Crescent national
societies, or other impartial humanitarian organization
as authorized by parties to the conflicts.
Q3:
Are international humanitarian law (IHL) and human
rights law different?
A3:
Yes, but they complement each other. Both seek to
protect individuals from harm and maintain human dignity,
but they address different circumstances and have
different core documents. IHL applies in times of
armed conflict to limit the suffering caused by war
and protect those who have fallen into the hands of
an adverse party. IHL's primary focus is to safeguard
the fundamental rights of wounded, sick and shipwrecked
combatants, POWs and civilians. Human rights law applies
in times of peace or war, but is primarily concerned
with protecting people against government violations
of their internationally recognized civil, political,
economic, social and cultural rights.
Q3:
What does IHL say about child soldiers?
A3:
Humanitarian law prohibits children from taking part
in hostilities, but child soldiers still represent
a serious problem in many parts of the world. IHL
requires that children under 15 not be recruited into
the armed forces, and that "all feasible measures"
be taken to ensure that they do not take a direct
part in the fighting. In recruiting those between
15 and 18 years of age, priority must be given to
the oldest. (Art. 77, Protocol I) Unfortunately, the
number of children becoming soldiers either voluntarily
or by force is increasing. Children living in conflict
zones, particularly those separated from their families
or marginalized in other ways, may become potential
recruits. Often children are forced to join an armed
group or become child soldiers as a means of survival.
Q4:
When is IHL used?
A4:
IHL applies to armed conflict (war) taking place between
nations (international armed conflict) or to internal
armed conflicts such as civil wars.
Q5:
What are the basic rules of IHL?
A5:
These points briefly summarize the basic rules of
IHL that call for protection during armed conflict:
-
Combatants who are out of the fight and those not
taking part in hostilities are entitled to respect
for their lives and physical and moral integrity.
They are to be protected and treated humanely, without
adverse discrimination.
-
It is forbidden to kill or injure an enemy who surrenders
or who is out of the fight.
The wounded and sick are to be collected and cared
for by the party that has them in its power. Medical
personnel, establishments, transports, and materials
are to be protected. The protective emblems must
be respected.
- The
lives, dignity, personal rights, and religious convictions
of captured combatants and civilian internees must
be respected, which includes their protection against
violence and reprisals. They have the right to correspond
with their families and to receive humanitarian
assistance.
- Those
protected by the law are entitled to fundamental
judicial guarantees.
No one is to be subjected to physical or mental
torture, corporal punishment, or cruel and degrading
treatment.
- Civilians
are not to be the objects of attack.
Q6:
Does IHL apply to the terrorist attacks of September
11?
A6:
Although September 11 brought death and destruction
on a scale we associate with warfare, it is not clear
that IHL applies. IHL applies to armed conflict between
states (international armed conflict) or to internal
armed conflicts such as civil wars. If the shocking
attacks on civilian targets in New York and Washington
were committed by a terrorist network operating on
its own, then they amount to horrendous crimes rather
than acts of war to which IHL would apply.
Q7:
Does IHL provide special protections for women?
A7:
Yes. Although women have the same general legal protections
as men, the Geneva Conventions recognize the principle
that "women shall be treated with all the regard
due to their sex." (Art. 12, GCI & II, Art.
14, GCIII) This means that additional protections
are provided to address women's specific needs arising
from gender differences, honor and modesty, pregnancy
and childbirth. For example, women POWs or internees
are to be held in quarters separate from men's under
the immediate supervision of other women. Women are
to be protected "against rape, enforced prostitution
or any form of indecent assault." (GC4, Art.
27, also Art. 75 & 76, Protocol I) As to relief
shipments, "expectant mothers, maternity cases
and nursing mothers" are to be given priority.
(Art. 70, Protocol I)
Q8:
How does IHL protect children?
A8:
IHL forbids attacks against civilians, and identifies
special protections for children. All civilians are
to be protected against murder, torture, pillage,
reprisals, indiscriminate destruction of property,
and being taken hostage. Their honor, family rights,
religious convictions, and practices are to be respected.
Occupying forces are to ensure and allow safe passage
of adequate food and medical supplies and the establishment
of hospital and safety zones for the wounded, sick,
elderly, children, expectant mothers and mothers of
young children. Special provisions also respond to
the needs of children unaccompanied by family, psychosocial
needs, and family communication.
Children
under 15 who are orphaned or separated from their
families must be provided for. They must be able to
practice their religion and their education must be
facilitated.
Q9:
Is it a violation of IHL if civilians are killed during
war?
A9:
Protecting civilians is a major objective of IHL.
Under the Fourth Geneva Convention, civilians are
to be protected from murder and permitted to lead
normal lives, if security allows. Additional Protocol
I of 1977 provides further details extending civilian
protections in international armed conflicts. Although
the U.S. signed Protocol I, it has not yet ratified
it. Even so, the U.S. has indicated it will abide
by these provisions, which are considered by many
to be a codification of widely accepted customary
law developed over hundreds of years.
The
basic rule on the principle of distinction is set
out in Article 48 of Protocol I, which states: "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." In addition to prohibiting direct
attacks, IHL also prohibits indiscriminate attacks
on civilians. These can occur, for example, when an
attack by the armed forces on a military target does
not take into account excessive negative consequences
to civilians. Article 41 of Protocol I.
However,
not all civilian deaths are unlawful during war. IHL
does not outlaw armed conflict, but instead attempts
to balance a nation's acknowledged legal right to
attack legitimate military targets during war with
the right of the civilian population to be protected
from the effects of the hostilities. In other words,
given the nature of warfare, IHL anticipates a certain
amount of "collateral damage," which sometimes,
regrettably, may include civilian casualties.
Q10:
How does IHL protect soldiers engaged in conflict?
A10:
Members of the US military and other soldiers engaged
in the conflict with Afghanistan who are wounded,
sick or captured are to be protected under the First,
Second and Third Geneva Conventions. They are all
to be collected and cared for. They cannot be murdered
or subjected to torture or biological experiments.
They are to receive adequate care and are to be protected
against pillage or ill treatment. Should they become
captured, they are to be protected under the Third
Geneva Convention. They must be treated humanely and
provided with adequate housing, food, clothing, and
medical care. They are not to be subjected to torture
or medical experimentation and must be protected against
acts of violence, insults, and public curiosity. Captured
war correspondents and civilians authorized to accompany
the military are also entitled to this status.
Q11:
How is IHL enforced worldwide?
A11:
The vast majority of nations have ratified the Geneva
Conventions, thus recognizing a legal obligation to
uphold them in the midst of war. Nations that ratify
these humanitarian treaties are required to enact
domestic laws to provide legal sanctions against violators.
While
the world community can apply few legal sanctions
against nations that violate the law, there are numerous
practical reasons for them to respect IHL:
- The
humane treatment of individuals by one side often
dictates treatment by the other
- The
impact of world opinion
- The
safeguarding of a civilization and its economic
resources
- The
use of IHL as a means to facilitate the resolution
of conflicts and return to a state of peace
Legal
action against violators can take place before an
international tribunal, such as occurred following
WWII, and after the conflicts in Former Yugoslavia
and Rwanda. In addition, trials of a soldier or civilian
by his or her country's authorities may be conducted
by a military or civilian court under the authority
of that nation's legal code.
The
most effective means of securing compliance with these
humanitarian rules is through widespread public education
in peacetime. In ratifying the Geneva Conventions,
nations agree to educate their military and the public.
The more knowledgeable members of the armed forces
and the general public are about the law, the more
likely it is to be obeyed.
Q12:
What is the role of the Red Cross during armed conflict,
locally and overseas?
A12:
IHL and the Red Cross have been linked since 1863
when Henry Dunant, a Swiss citizen, proposed that
civilian volunteers be permitted to provide medical
relief to wounded and sick soldiers. His ideas gave
birth to what is today the International Red Cross
and Red Crescent Movement and were the inspiration
for the first Geneva Convention. The Red Cross adheres
to the underlying principles of IHL — humanity,
impartiality, and neutrality — to safeguard
its unique role in preventing and alleviating human
suffering in armed conflict. Today, the Red Cross
worldwide is guided by seven Fundamental Principles
- Humanity, Impartiality, Neutrality, Independence,
Voluntary Service, Unity, and Universality, which
apply to events around the world and here at home.
Those
drafting the Geneva Convention of 1864 foresaw the
need for a universal symbol of protection easily recognizable
on the battlefield. In honor of the Swiss origin of
this initiative, the symbol of a red cross on a white
background (the reverse of the Swiss flag) was identified
as a protective emblem in conflict areas. The red
crescent emblem was later recognized by nations as
an additional emblem of humanitarian relief. Although
not in the Geneva Conventions, the red shield of David
is also a respected emblem. During armed conflict,
these emblems are used to identify and protect authorized
military medical and Red Cross relief workers, military
and civilian medical facilities, mobile units, and
hospital ships. They also are used to identify the
programs and activities of 178 Red Cross and Red Crescent
national societies, and those of the Magen David Adom
(Red Shield of David) in Israel.
The
Geneva Conventions state that impartial humanitarian
organizations must be permitted to provide assistance,
specifically naming the International Committee of
the Red Cross (ICRC) and Red Cross and Red Crescent
national societies. The ICRC is given important responsibilities,
a role that has grown in significance over the last
125 years. A private Swiss institution, the ICRC is
the "guardian" of the Geneva Conventions
and works with all sides of a conflict — through
diplomatic means — to ensure that humanitarian
obligations are upheld.
ICRC
delegates visit POWs and civilian internees. They
inspect facilities where individuals are sheltered,
work with the detaining power to resolve any violations,
deliver relief parcels, and exchange special family
messages (Red Cross Messages). The ICRC also provides
food and medical supplies to the endangered civilian
population. The ICRC's Central Tracing Agency serves
as a global clearinghouse for data on POWs and civilians
displaced by armed conflict.
In
addition to IHL public education in peacetime, the
national societies assist relief operations in their
own countries and internationally. This includes channelling
needed goods and contributions, recruiting medical
and relief workers, and providing a global link with
the ICRC's efforts to locate and reunite separated
family members.
The
need for IHL becomes more imperative as the world
faces new challenges. Since Henry Dunant's vision
was put into action in 1863, the International Conference
of the Red Cross and Red Crescent has brought together
nations signatory to the Geneva Conventions. The Conference
provides a regular forum to promote humanitarian efforts
worldwide and respond to crises.
Q13:
How can I learn more about what is being done to help
the children of Afghanistan?
A13:
A special Web site has been created to answer questions
of this nature. Please visit http://kidsfund.redcross.org.
Q14:
What is my role?
A14:
This material offers only an overview of a complex
body of law, and the humanitarian work that it makes
possible. The needs are ever growing. You may wish
to help respond to the needs of the victims of the
September 11 tragedy or those resulting from the conflict
in Afghanistan by becoming actively involved with
humanitarian organizations in your community.
You
may wish to learn more about IHL. The Red Cross worldwide
is involved in efforts to increase public understanding
of IHL, knowing that it is more effective when it
is widely understood. The American Red Cross supports
efforts nationwide to raise awareness of IHL. By reading
this material, and sharing it with others, you are
already helping build greater awareness of IHL, and
the need for humanity in the midst of war. By being
informed, you contribute to the chance for peaceful
resolution of conflicts. By understanding the difference
IHL makes to millions of people around the world and
close to home, you help strengthen these humanitarian
rules and principles. By -
-
Recognizing your rights and the rights of others
…
- Encouraging
widespread understanding …
Promoting respect for the law …
- Advocating
responsible behavior …
- Communicating
with and representing government leadership locally,
nationally, and internationally …
You
can make a difference. Humanity begins at home. Ask
you local Red Cross how you can get involved.
Q15:How
can I learn more about IHL?
A15:
At the national and local level, the American Red
Cross is actively involved in providing opportunities
to learn more about IHL in the United States. To find
out if a chapter near you is offering these opportunities,
please send an inquiry to info@usa.redcross.org. To
read additional information about IHL, go to the International
Committee of the Red Cross Web site at http://www.icrc.org/eng/ihl.
|
