Protected Persons under International Humanitarian Law (IHL) and Their Rights
Who Are Protected Persons under IHL?
Protected persons are individuals who, under International Humanitarian Law, are entitled to special protection during armed conflicts due to their vulnerability. The main categories of protected persons include:
- Civilians
- Persons who are not members of the armed forces and do not take part in hostilities.
- They must be protected from direct attacks, violence, and abuse.
- Wounded and Sick Combatants and Civilians
- Those who are injured or ill during conflict, regardless of their side.
- Prisoners of War (POWs)
- Members of the armed forces or militia who have fallen into the hands of the enemy.
- Internally Displaced Persons (IDPs)
- Civilians forced to flee their homes within their own country due to conflict or violence.
- Medical and Religious Personnel
- Individuals engaged in medical, religious, or humanitarian duties during conflict.
- Civilians in Occupied Territories
- Persons living under foreign military occupation.
Legal Basis
- The Geneva Conventions of 1949 and their Additional Protocols provide detailed rules about protection of these persons.
- For example, the Fourth Geneva Convention specifically protects civilians, including those in occupied territories.
- Customary International Law also extends protection universally.
Rights of Protected Persons
| Protected Person Category | Rights Under IHL |
|---|---|
| Civilians | – Protection against direct attack and violence |
- Right to humane treatment
- Access to food, shelter, and medical care
- Protection from torture, hostage-taking, and unlawful punishment |
| Wounded and Sick | – Immediate medical care without discrimination
– Respect and protection from further harm
– Safe evacuation and treatment |
| Prisoners of War (POWs) | – Humane treatment and respect for person and honour
– Adequate food, shelter, and medical care
– Protection against torture, coercion, and humiliation
– Right to communicate with families
– Fair treatment in captivity, including judicial guarantees |
| Internally Displaced Persons | – Protection against forced displacement beyond security needs
– Access to humanitarian assistance
– Protection against violence and exploitation |
| Medical and Religious Personnel | – Protection from attack and interference
– Freedom to carry out humanitarian duties
– Respect for medical facilities and vehicles |
| Civilians in Occupied Territories | – Right to safety, food, and medical care
– Protection of property and cultural sites
– Respect for their laws and customs as much as possible |
Significance of Protection
- The rights of protected persons aim to safeguard human dignity during the chaos of armed conflict.
- Ensures minimum standards of humane treatment irrespective of nationality or allegiance.
- Helps limit war’s humanitarian impact and facilitates post-conflict recovery.
Indian Context
- India, as a party to the Geneva Conventions, incorporates these protections into its armed forces training and operations.
- During internal conflicts and insurgencies, Indian forces are required to respect the rights of civilians and detainees.
- India also works with humanitarian agencies such as the International Committee of the Red Cross (ICRC) to ensure protection of vulnerable persons.
Summary Table
| Protected Persons | Examples | Key Rights |
|---|---|---|
| Civilians | Non-combatants in conflict zones | Protection from attack, humane treatment, aid |
| Wounded and Sick | Injured soldiers and civilians | Medical care, safe evacuation |
| Prisoners of War | Captured combatants | Humane treatment, communication |
| Internally Displaced Persons | Refugees inside own country | Safety, humanitarian assistance |
| Medical/Religious Personnel | Doctors, nurses, chaplains | Protection, freedom to operate |
| Civilians in Occupied Areas | Population under military occupation | Protection of life, property, culture |
Conclusion
Protected persons under International Humanitarian Law include civilians, wounded and sick individuals, prisoners of war, internally displaced persons, and humanitarian personnel. Their rights, as enshrined in the Geneva Conventions and customary law, ensure humane treatment and safeguard their dignity during armed conflict. India, committed to these principles, upholds these protections in both international and internal conflicts.