Geneva convention iv relative to the protection of. Original document as pdf in single pages, 1864 the geneva conventions comprise four treaties, and three additional protocols, that establish the standards of international law for humanitarian treatment in war. Reducing the incentives for the use of human shields. It is the predecessor of the third geneva convention. The prohibition of using human shields in the geneva conventions, additional protocol i and the statute of the international criminal court are couched in terms of using the presence or movements of civilians or other protected persons to render certain points or areas or military forces immune from military operations. The geneva conventions have since been adopted by every country in the world and therefore are universally applicable. Mission the international committee of the red cross icrc is an impartial, neutral and independent organization. International humanitarian law strictly prohibits the use of human shields and, through a wellknown genealogy of supranational efforts that passes through the.
The geneva convention relative to the protection of civilian persons in time of war, commonly referred to as the fourth geneva convention and abbreviated as gciv, is one of the four treaties of the geneva conventions. A violation of the ban on use of human shields by the attacked party is not an act of perfidy and does not. Human rights law international human rights law, including civil, cultural, economic, political and social rights, applies both in peacetime and during armed conflict and is legally binding on states, their armed forces and other agents. It requires an occupying power to bear responsibility for the residents of the occupied territory, including providing medical services, allowing contact with human rights organizations, securing freedom of movement and preventing deportation. Includes pdf copies of international committee of the red cross publications and us government documents related to the geneva conventions. In the context of international armed conflicts, this rule is set forth in the third geneva convention with respect to prisoners of war, the fourth geneva. Geneva conventions and additional protocols in 1949 the existing geneva conventions were rewritten and a fourth was added to expand the protection to include also civilians. The geneva conventions of 1949 and hague convention.
Geneva convention relative to the protection of civilian persons in time of war of 12 august 1949 part i general provisions article 1. Geneva convention for the amelioration of the condition of the wounded and sick in armed forces in the field. According to the international committee of the red crosss magisterial customary. Human shields in international humanitarian law george c. Iv of 1907 \ published in support of ar 350216 for use in. Article 517 both prohibits the use of human shields and reiterates that it is legitimate for militaries to attack areas protected by human shields, provided that they abide by the principles of proportionality and military necessity. In the third part, i apply my theoretical conclusions to the cases. Provides the fulltext of all four geneva conventions and their two additional protocols of 1977 along with commentaries. International humanitarian law issues in a 3 potential war in iraq the iraqi government has used human shields in the past. British war office, manual of military law 306 1914.
Geneva convention relative to the protection of civilian persons in time of. The four geneva conventions of 1949 prohibit the taking of hostages and ban the use of human shields through clauses that forbid a party from harming those in its control not actively taking part in hostilities. While the first three conventions dealt with combatants, the fourth geneva convention was the first to deal with humanitarian. Article 2 of the additional protocol ii 1977, geneva convention lays down that the civilian population as such as well as individual civilians shall not be the object or attack.
Principle of proportionality is codified in the additional protocol i as a flexible balancing test between collateral damages and military advantage and it outlaws military attacks when the. If people are forming a human shield forced or voluntary. The development of the geneva conventions was closely. It begins by setting forth the express prohibitions on the use of human shields. Geneva conventions and additional protocols humanrights. In 1949 the existing geneva conventions were rewritten and a fourth was added to expand the protection to include also civilians. After world war ii, it was claimed by german ss general gottlob berger that there was a plan, proposed by the luftwaffe and approved by adolf hitler, to set up special pow camps for captured airmen of the royal air force and the united states army air forces in large german cities, to act as human shields against their bombing raids.
Jan 03, 2012 the geneva conventions on the use of human shields. Schmitt introduction human shielding involves the use of persons protected by international humanitarian law, such as prisoners of war or civilians, to deter attacks on combatants and military objectives. Hope our videos and material pdf will help them for better tommorrow. The singular term geneva convention usually denotes the. It is the predecessor of the third geneva convention signed in 1949. The geneva conventions have since been adopted by every country in. Human shields in international humanitarian law springerlink. It establishes the right of victims of serious human rights violations to remedy, including. In the case of doubt whether a person is a civilian, that person shall be. Voluntary human shields, direct participation in hostilities and the international humanitarian law obligations of states voluntary human shields rewi lyall voluntary human shields challenge accepted norms that have treated the civilian as a passive subject of, rather than an actor in, armed conflict. It might be a public relations disaster if lots of civilians are killed, but the bombing wouldnt be a war crime. To add to the confusion, in some conflicts, traditional military functions have been outsourced to. These rules derive primarily from additional protocol i api of the 1949 geneva conventions, which governs international armed conflicts iacs. This chapter explores the international humanitarian law governing the use of human shields, a tragically prevalent tactic in contemporary warfare.
Its official name is the convention relative to the treatment of prisoners of war, geneva july 27, 1929. The geneva conventions on the use of human shields. Summary of the geneva conventions of 1949 and their additional protocols international humanitarian law april 2011 the fourth geneva convention the geneva convention relative to the protection of civilian persons in time of war of august 12, 1949 civilians in areas of armed conflict and occupied territories are protected by. Geneva convention relative to the protection of civilian persons in time of war iv commentary 208. The geneva convention also has more extraspecial human rights for children, which has led to a remarkable number of unaccompanied minors migrating to the promised lands of germany and sweden. This protects wounded and sick combatants while on board ship or at sea during the war. Geneva convention,7 as it had been occupied by jordan since the 1948 war. Use of pows as hostages or human shields is prohibited. Cameroons instructors manual 1992 prohibits the use of human shields as a. Geneva convention iv relative to the protection of civilian. If people are forming a human shield forced or voluntary on. One, which is not the focus of this post, is to interpret the law in a way that reduces the legal advantages that a belligerent could expect to. According to the state of israel it was thus not occupied by israel in 1967.
The convention establishes rules and guidelines for the protection of civilians during times of war. Mar 27, 2017 the word shield first appears in the 1977 additional protocol i to the geneva conventions. With respect to noninternational armed conflicts, additional protocol ii does not explicitly mention the use of human shields, but such practice would be prohibited by the requirement that the civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. Several provisions of the 1949 geneva conventions prohibit any uses of prisoners of. One, which is not the focus of this post, is to interpret the law in a way that reduces the legal advantages that a belligerent could expect to achieve from using human shields. After offering a concise genealogy of human shields in international law, we examine the way israel used the concept in the 2014 gaza war by analyzing a series of infographics spread by the idf on social media. Cyil 7 2016 the use of human shields and the principle of proportionality the use of human shields and the principle of proportionality under law of armed conflict tuomas heikkinen, martin faix abstract. The geneva convention 1929 was signed at geneva, july 27, 1929. The use of human shields in conflict is prohibited under the geneva conventions. The human shield risks life not to destroy and terrorize others but to resist organized violence and protect others. Terms in international justice human rights organization. The geneva convention was a series of international diplomatic meetings that produced a number of agreements, in particular the humanitarian law of armed.
Additional protocol i to the geneva conventions establishes a presumption of civilian status in all con. The use of human shields is forbidden by protocol i of the geneva conventions. The use of human shields is not included as a grave breach of the geneva conventions. Principle of proportionality is codified in the additional protocol i as a flexible balancing test between collateral damages and military. International humanitarian law in the iraq conflict. Consequently, israel denies the direct applicability of the fourth geneva convention regarding that territory. The use of human shields violates the 1949 geneva conventions, which iraq has signed.
Oct 31, 2017 international humanitarian law database includes over 100 treaties on topics such as criminal repression, methods and means of warfare, and victims of armed conflicts. Using protected detainees as human shields constitutes a violation of the provisions of the geneva conventions regardless of whether those human shields were actually attacked or harmed. The phenomenon of human shields challenges many of the core tenets of international humanitarian law ihl, including its careful dialectic between the imperatives of humanity and military necessity. Two additional protocols to the 1949 agreement were approved in 1977. The author begins by discussing the absolute nature of the prohibition on their use and goes on to consider the precautions to be observed by the party being attacked. The geneva conventions and the israeli occupation of. Under rule of war, the use of civilians as human shield is prohibited and considered a war crime. This article examines the legal problems associated with human shields. First adopted in 1949 and successor of the hague convention of. Nov 15, 2011 this chapter explores the international humanitarian law governing the use of human shields, a tragically prevalent tactic in contemporary warfare.
Of more concern is the issue of how the use of human shields affects an attackers obligations. The use of human shields presents one of the most difficult legalethical challenges in modern. The geneva conventions of 1949 and hague convention no. Indeed, the prohibition is designed to protect detainees from being exposed to the risk of harm, and not only to the harm itself. The word shield first appears in the 1977 additional protocol i to the geneva conventions. The geneva conventions on the use of human shields the four geneva conventions of 1949 prohibit the taking of hostages and ban the use of human shields through clauses that forbid a party from harming those in its control not actively taking part in hostilities. Bbc news middle east gaza human shields criticised. International humanitarian law strictly prohibits the use of human shields and, through a wellknown genealogy of supranational efforts that passes through the hague convention iv 1907, the. Geneva convention relative to the protection of civilian persons in time of war. Consequently, israel denies the direct applicability of the fourth geneva convention regarding that. The use of human shields violates the 1949 geneva conventions, which iraq.
It provides that the presence of a prisoner of war may not be used to render certain points or areas immune from military. The geneva conventions and the israeli occupation of palestine factsheet series no. The geneva convention also has more extraspecial human rights for children, which has led to a remarkable number of unaccompanied minors migrating to. Common article 3 of the conventions bans the taking of. To assist our readers interested in the phenomenon of human shields, ive produced a compilation of the relevant legal framework additionssuggestions welcome. First adopted in 1949 and successor of the hague convention of 1907. Deterrence from the use of human shields can be achieved in two ways. Assuming, of course, that the military building would be a le. Common article 3 of the conventions bans the taking. Saddams exploitation of this tactic has encompassed. Geneva conventions, a series of international treaties concluded in geneva between 1864 and 1949 for the purpose of ameliorating the effects of war on soldiers and civilians.
The capture and forcible movement of hundreds of foreign nationals in iraq and kuwait to iraqicontrolled strategic sites and the threat to use thousands of others similarly. The bush administration objects to the clause in common article 3 of the geneva conventions that prohibits outrages upon personal dignity, in particular, humiliating and degrading treatment. Jan 08, 2009 the use of human shields in conflict is prohibited under the geneva conventions. First adopted in 1949, based on parts of the hague convention. The geneva conventions are a body of international law designed to establish acceptable and humanitarian conduct under conditions of war and occupation. Article 19, second paragraph, of the 1949 geneva convention i provides. We are always trying to deliever authenticate and reliable information to the aspirants. Background as israel goes to war, or as it polices the occupied palestinian territories, the israeli military has on occasion used palestinian children as human shields. Human shields in international humanitarian law by michael n. It is this version of the geneva conventions which covered the treatment of prisoners of war during world war ii.
The geneva conventions have been ratified by almost all states, while only 150 states. The geneva conventions on the use of human shields the four geneva conventions of 1949 prohibit the taking of hostages and ban the use of. The conventions also decree that both pows and civilians. Summary of the geneva conventions of 1949 and their.
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