Rules of Protection of Civilians under International Humanitarian Law (IHL)
Introduction
International Humanitarian Law (IHL), also known as the law of armed conflict, provides specific rules aimed at protecting civilians who are not, or no longer, participating in hostilities. Civilians are often the most vulnerable during armed conflicts, and their protection is fundamental to maintaining human dignity and reducing suffering.
The primary legal instruments governing civilian protection are the Geneva Conventions of 1949, especially the Fourth Geneva Convention, and Additional Protocols I and II.
Key Rules for Protection of Civilians under IHL
1. Distinction
- Parties to a conflict must always distinguish between combatants and civilians.
- Attacks must be directed only against military targets and never against civilians or civilian objects (homes, schools, hospitals).
2. Prohibition of Direct Attacks on Civilians
- Civilians must not be deliberately targeted.
- Acts or threats of violence intended to spread terror among civilians are forbidden.
3. Protection from Indiscriminate Attacks
- Attacks must not be indiscriminate (i.e., those that strike military targets and civilians without distinction).
- Weapons and tactics causing excessive civilian harm compared to the military advantage gained are prohibited.
4. Precautionary Measures
- All feasible precautions must be taken to avoid or minimize civilian casualties and damage to civilian property during attacks.
- This includes giving effective warnings when possible.
5. Humane Treatment
- Civilians must be treated humanely at all times without discrimination.
- Torture, cruel treatment, and humiliating or degrading treatment are strictly prohibited.
6. Protection of Civilian Property
- Civilian property must not be destroyed unless imperatively demanded by military necessity.
- Pillage, looting, and wanton destruction are prohibited.
7. Rights of Internally Displaced Persons and Refugees
- Civilians forced to flee their homes due to conflict must be protected, assisted, and allowed to return home safely.
- Their rights must be respected under IHL and international refugee law.
8. Access to Humanitarian Aid
- Civilians must have access to essential supplies such as food, water, and medical aid.
- Parties to conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief.
9. Protection of Vulnerable Groups
- Women, children, elderly, and persons with disabilities require special protection during conflict.
- Sexual violence and exploitation are prohibited and punishable under IHL.
10. Prohibition of Collective Punishment
- Civilians must not be punished for acts committed by others (e.g., reprisals against civilian populations).
Indian Context
- India, a signatory to the Geneva Conventions, integrates these protections in its military doctrine and humanitarian efforts.
- Indian armed forces are trained to respect civilian rights during internal conflicts and international wars, such as counter-insurgency operations.
- India cooperates with international agencies like the International Committee of the Red Cross (ICRC) to ensure civilian protection.
Summary Table
| Rule of Protection | Description | Indian Context Example |
|---|---|---|
| Distinction | Differentiate between civilians and combatants | Civilian protection during Kashmir operations |
| Prohibition of Direct Attacks | Civilians cannot be targeted intentionally | Respecting no-target zones in conflict areas |
| No Indiscriminate Attacks | Avoid harming civilians during attacks | Use of precision weapons and avoiding populated areas |
| Precautions | Minimize civilian harm and warn before attacks | Warning civilians during military operations |
| Humane Treatment | No torture or degrading treatment | Compliance with IHL in custody and detention |
| Protection of Property | No unnecessary destruction or looting | Protection of civilian property during conflicts |
| Aid Access | Ensure delivery of food, water, medical help | Coordination with ICRC and NGOs in conflict zones |
| Special Protection for Vulnerable Groups | Protection of women, children, elderly, disabled | Efforts to prevent sexual violence in conflict |
| No Collective Punishment | Civilians not punished for others’ acts | Avoidance of collective reprisals in insurgency areas |
Conclusion
The protection of civilians under International Humanitarian Law is a vital legal and moral obligation during armed conflicts. These rules seek to limit human suffering and preserve human dignity, even amidst warfare. India’s commitment to these rules reflects its dedication to international law and humanitarian principles.