Protection Of Civilians In Coflict Situations 2003

PROTECTION OF CIVILIANS IN INTERNAL ARMED CONFLICT CSO-MEDIA FORUM ON THE INTERNAL DISPLACEMENT OF COMMUNITIES AND PERSONS ESTOSAN GARDEN HOTEL COTABATO CITY 29 JUNE2009

INTERNATIONAL HUMANITARIAN LAW rules contained   

in agreements between States – treaties or conventions –, in customary rules, in general ly accepted principles

 for humanitarian reasons   

limit the effects of armed conflict protect persons who are not or are no longer participating in the hostilities restricts the means and methods of warfare.

bulk of these rules are found in the Geneva Conventions

of 1949 and the Additional Protocols of 1977.

WHAT IS INTERNATIONAL HUMANITARIAN LAW? ICRC ADVISORY SERVICE. International Committee of the Red Cross. July 2004. http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/humanitarian-law-factsheet/$File/What_is_IHL.pdf

The Geneva Conventions  21 April to 12 August 1949  



Swiss Federal Council convened in Geneva, Switzerland a Diplomatic Conference revising: Geneva Convention of 27 July 1929 for the Relief of the Wounded and Sick in Armies in the Field, the 10th Hague Convention of 18 October 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 6 July 1906, the Geneva Convention of 27 July 1929 relative to the Treatment of Prisoners of War to establish a Convention for the Protection of Civilian Persons in Time of War,

 the Geneva Convention for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field,

 the Geneva Convention for the Amelioration of the Condition of Wounded,

Sick and Shipwrecked Members of Armed Forces at Sea,

 the Geneva Convention relative to the Treatment of Prisoners of War, and  the Geneva Convention relative to the Protection of Civilian Persons in

Time of War.

FINAL ACT OF THE DIPLOMATIC CONFERENCE OF GENEVA, 12 August 1949. http://www.icrc.org/ihl.nsf/FULL/360?OpenDocument

ADDITIONAL PROTOCOLS  Swiss Federal Council  Diplomatic Conference on the Reaffirmation and Development of

International Humanitarian Law Applicable in Armed Conflicts,    

20 February to 29 March 1974, 3 February to 18 April 1975, 21 April to 11 June 1976 17 March to 10 June 1977)

 to study two draft Additional Protocols to supplement the four

Geneva Conventions of 12 August 1949 

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)



Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).

ADDITIONAL PROTOCOL II  applies to all armed conflicts  not covered by Protocol Additional to the Geneva Conventions of 12 August 1949

relating to the Protection of Victims of International Armed Conflicts (Protocol I)

 which take place in the territory of a High Contracting Party  between its armed forces and dissident armed forces or other organized armed

groups   

under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations implement this Protocol.

PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (Protocol II), 8 June 1977. http://www.icrc.org/ihl.nsf/FULL/475?OpenDocument

ARTICLE 3 COMMON TO THE FOUR GENEVA CONVENTIONS States-Party to the four conventions took it upon themselves that in armed conflicts not of an international character to ensure that: (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; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (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. ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS. http://www.icrc.org/IHL.nsf/FULL/380?OpenDocument

ADDITIONAL PROTOCOL II further supplemented and developed the guarantees

provided for in the Article 3 common to the Four Geneva Conventions of 1979 

persons who do not take a direct part or who have ceased to take part in hostilities are entitled to respect for their person, honour and convictions and religious practices and to be treated humanely



decreeing that there shall be no survivors is prohibited

ADDITIONAL PROTOCOL II civilian population and individual civilians enjoy general protection against the dangers arising

from military operations. not be the object of attack not be the object of acts or threats of violence the

primary purpose of which is to spread terror among the civilian population

ADDITIONAL PROTOCOL II  Civilians shall not be compelled to leave their own territory for

reasons connected with the conflict  displacement of civilian population  

for reasons of their security imperative military reasons

 Should displacements be necessary, the civilian population must be

provided

 SHELTER  HYGIENE  HEALTH  SAFETY

 NUTRITION.

ADDITIONAL PROTOCOL II prohibited to attack, destroy, remove or render useless

for the starvation of civilians, objects indispensable to the survival of the civilian population   

food-stuffs agricultural areas for the production of food-stuffs, crops, livestock drinking water installations and supplies and irrigation works

Works or installations containing dangerous forces shall

not be made the object of attack if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population:   

Dams dykes nuclear electrical generating stations,

ADDITIONAL PROTOCOL II 

An accused in a criminal proceeding shall be entitled to the following:     



    





an independent and impartial tribunal; be informed without delay of the particulars of the offence alleged against him; right and means of defense; individual penal responsibility; not to be held accountable for any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; not to suffer a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; enjoy the benefit of the reduction of penalty made after the commission of the offence; to be presumed innocent until proved guilty according to law; to be present during his trial; not to be compelled to testify against himself or to confess guilt; to be advised on conviction of his judicial; other remedies and of the time-limits within which they may be exercised; not to be pronounced the death penalty on persons who were under the age of eighteen years at the time of the offence pregnant women or mothers of young children not to be handed the death penalty;

ADDITIONAL PROTOCOL II The wounded, sick and shipwrecked, whether or not

they have taken part in the armed conflict, shall be respected and protected:      

be sought and collected without delay, be protect them against pillage and ill-treatment, and ensured adequate care treated humanely; receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition; no distinction among them founded on any grounds other than medical ones;

The dead shall be collected, protected from being

despoiled, and decently disposed.

ADDITIONAL PROTOCOL II medical units and transports  

shall be respected and protected at all times shall not be the object of attack

medical personnel  

 

shall not be held liable for whatsoever for performing medical shall not be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules professional obligations regarding information which they may acquire concerning the wounded and sick be respected. cannot be penalized in any way for refusing or failing to give information concerning the wounded and sick who are, or who have been, under his care.

THE ARMED FORCES OF THE PHILIPPINES Sovereignty resides in the people and all government

authority emanates from them. The prime duty of the Government is to serve and

protect the people. The Armed Forces of the Philippines is the protector

of the people.

On 15 July 1988 AFP Chief of Staff STL: Protection and Rehabilitation of Innocent Civilians Affected by AFP Counterinsurgency Operations.

emphasized a shelter or “stay-put” policy preferred over

evacuation as the approach to be taken immediately prior to or during combat operation. to anticipate and prepare for involuntary movements of civilians occur whether planned and not. While the administration of displaced peoples and communities are usually done in cooperation with the civilian authorities, the military must be ready and able to perform the function solely. prior to combat operations determine potential evacuation centers. Medical teams shall also be deployed and ready to provide emergency medical attention.

On 15 July 1988 AFP Chief of Staff STL: Protection and Rehabilitation of Innocent Civilians Affected by AFP Counterinsurgency Operations.  Immediately after the operation, military civic action shall be conducted   

providing medical aid to the sick and wounded civilians distributing food and shelter to displaced persons. coordinate with national and local government agencies in undertaking the following: Rapid Damage Assessment Restoration of public utilities Rescue, evacuation and hospitalization of the sick and the wounded Supply food and essential supplies Emergency provision of prepared foods Provision of facilities for food preparation. Recovery and disposition of the dead.

 Immediately after cessation of the operation, civil relations groups shall

conduct a survey of the residents    

document materials recovered from the target areas, behavior of soldiers and compensation for damaged property. Settlement of financial relief for loss of life or damage to property is the responsibility of the command that undertook the operations. Displaced persons shall be encouraged to return to their homes as soon as possible.

2 January 1989 AFP Chief of Staff STL: Human Rights and Improvement of Discipline in the AFP human rights is a command responsibility Commanders liable for countenancing human rights

violation    

inaction or summarily dismissal of complaints, intimidating complainants, “cover-up” of the incidents, failure to report incident.

Inculcate to Troops   

Human Rights Rule of Law Human Dignity

6 September 1989 AFP Chief of Staff STL: Safety of Innocent Civilians and Treatment of the Wounded and the Dead  key ingredient to success in counter insurgency  

winning of the sympathy, support confidence of the people.

 years of painstaking efforts to win the people’s confidence, respect and support  

disrespect for the dead insensitive or lack of concern for the safety of innocent by-standers, particularly women and children.

 To win such confidence  

exert maximum effort to avoid innocent civilians getting killed in crossfire death of civilians be minimized in course of military and law enforcement operations. In

 insurgent forces may be able to escape rather than risk inflicting casualties on innocent

civilians,

 concerns for the lives of innocent bystanders paramount  Immediately following the conduct of military operations that results in unavoidable casualties   

caring for the wounded and respect for the dead must be a priority wounded must be treated with care. dead must be treated with humanely and treated with care and respect

CONSTITUTIONAL GUARA NTEES  No person shall be deprived of life, liberty, or property without due

process of law

 The right of the people to be secure in their persons, houses, papers,

and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.

 The liberty of abode and of changing the same within the limits

prescribed by law shall not be impaired except upon lawful order of the court.

 Private property shall not be taken for public use without just

compensation.

 No person shall be compelled to be a witness against himself.

RULE OF LAW IN CONFLICT SITUATION Ignorance of the law excuses no one. Laws are repealed only by subsequent ones, and

their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. Rights may be waived, unless the waiver is contrary

to law, public order, public policy, morals, or good customs

RULE OF LAW IN CONFLICT SITUATION  Every person must, in the performance of his duties,  act with justice,  give everyone his due,  observe honesty and good faith.  Every person who, contrary to law, willfully or negligently causes

damage to another, shall indemnify the latter for the same.

 Any person who wilfully causes loss or injury to another in a manner

that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

 Any person suffering material or moral loss because a public servant

or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken.

RULE OF LAW IN CONFLICT SITUATION Any public officer or employee, or any private individual,

who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:    

Freedom from arbitrary or illegal detention; The right against deprivation of property without due process of law; The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; Freedom from being compelled to be a witness against one's self to confess guilt from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;