The undersigned, Plenipotentiaries of the Governments represented at the Diplomatic Conference which met in Geneva from April 21 to August 12, 1949, with the aim of negotiating a convention for the protection of civilians in time of war, concluded the following agreement:

SECTION I. GENERAL PROVISIONS

The High Contracting Parties undertake, in all circumstances, to respect and enforce this Convention.

In addition to provisions that should enter into force in time of peace, this Convention will apply in the event of a declared war or any other armed conflict arising between two or more High Contracting Parties, even if one of them does not recognize a state of war.

The Convention will also apply in all cases of occupation of all or part of the territory of a High Contracting Party, even if this occupation does not meet any armed resistance.

If one of the powers in conflict is not a party to this Convention, the Powers participating in it will nevertheless remain bound by it in their relations.

In addition, they will be bound by the Convention in relation to the aforementioned power if the latter accepts and applies its provisions.

In the event of an armed conflict not of an international character and arising in the territory of one of the High Contracting Parties, each of the Parties to the conflict will be obliged to apply at least the following provisions:

1) Persons who do not directly take part in hostilities, including those from the armed forces who have laid down their arms, as well as those who have ceased to take part in hostilities due to illness, injury, detention or for any other reason, must, to be treated humanely in all circumstances without discrimination of any kind based on race, color, religion or belief, sex, origin or property or any other similar criteria.

For this purpose, the following actions in relation to the above persons are prohibited and will always and everywhere be prohibited:

a) encroachment on life and physical integrity, in particular, all types of murder, mutilation, ill-treatment, torture and torture,

b) taking hostages,

c) encroachment on human dignity, in particular humiliating and degrading treatment,

(d) Conviction and punishment without prior judgment by a duly constituted tribunal, subject to judicial guarantees recognized as necessary by civilized nations.

2) The wounded and sick will be picked up and treated.

An impartial humanitarian organization such as the International Committee of the Red Cross can offer its services to Parties to a conflict.

In addition, the Parties to the conflict will endeavor, through special agreements, to bring into force all or part of the remaining provisions of this Convention.

The application of the foregoing provisions will not affect the legal status of the Parties to the conflict.

The protection of this Convention includes persons who, at any time and in any way, are in the event of a conflict or occupation under the authority of a Party to the conflict or an occupying Power of which they are not nationals.

Nationals of any State not bound by this Convention are not protected by it. Citizens of any neutral state who are on the territory of one of the belligerent states and citizens of any co-belligerent state will not be considered protected persons as long as the state of which they are citizens has normal diplomatic representation in the state, in power which they are.

However, the provisions of Section II have a broader scope as defined in Article 13.

Persons who are protected by the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, or the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, or the Geneva Convention of 12 August 1949 concerning the Treatment of Prisoners of War shall not be regarded as persons enjoying patronage within the meaning of this Convention.

If a Party to the conflict has serious grounds to believe that on its territory any individual under the auspices of the Convention is legally suspected of activities hostile to the security of that State, or, when such activities are actually established, such person will not have the right to claim such rights and advantages conferred by this Convention that would prejudice the security of that State if they were accorded to this person.

If, in the occupied territory, an individual under the auspices of the Convention is detained as a spy or saboteur, or as a legitimate suspect in activities that threaten the security of the occupying Power, where imperative military security concerns so require, that person may be is deprived of the communication rights provided by this Convention.

In each of these cases, the persons referred to in the preceding paragraphs will, however, be treated humanely and, if prosecuted, will not be deprived of their rights to a fair and normal trial provided for in this Convention. They will also be fully accorded, as soon as possible, consistent with the security of the State or, as the case may be, the occupying Power, the rights and benefits accorded to the protected person under this Convention.

This Convention shall apply from the beginning of any conflict or occupation referred to in article 2.

In the territory of the Parties to the conflict, the application of the Convention ceases after the general end of hostilities.

In an occupied territory, the application of this Convention shall cease one year after the general cessation of hostilities, but the Occupying Power, to the extent that it exercises government functions in that territory, will be bound for the period of occupation by the provisions of the following Articles of this Convention: 1-12, 27, 29 , 30, 31, 32, 33, 34, 47, 49, 51, 52, 53, 59, 61-77 and 143.

Protected persons whose release, repatriation or placement takes place after these periods will, in the meantime, remain under the protection of this Convention.

In addition to the agreements specifically provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132 and 133, the High Contracting Parties will be able to conclude other special agreements on any matter that they deem appropriate to specifically settle. No special agreement shall prejudice the position of protected persons established by this Convention, nor limit the rights it grants them.

Protected persons shall continue to enjoy the benefits of these agreements as long as the Convention applies to them, unless otherwise specifically included in the aforementioned or later agreements and, likewise, unless one or the other Party to the conflict applies more favorable measures to them. ...

Protected persons will in no case be able to waive, in whole or in part, the rights that this Convention and the special agreements provided for in the preceding article, if any, confer upon them.

This Convention will apply with the assistance and control of the Protecting Powers, which are entrusted with the protection of the interests of the Parties to the conflict. For this, the Protecting Powers will be able, in addition to their diplomatic or consular personnel, to appoint delegates from among their own citizens or citizens of other neutral powers. The agreement of the Power under which they will carry out their mission must be obtained for the appointment of these delegates.

The parties to the conflict will facilitate, to the maximum extent possible, the work of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers must in no case go beyond the scope of their mission, which is defined by this Convention; they must, in particular, take into account the imperative security needs of the State in which they perform their functions.

The provisions of this Convention shall not preclude humanitarian action that the International Committee of the Red Cross or any other impartial humanitarian organization will take to protect and assist civilians, with the consent of the Parties to the conflict concerned.

The Contracting Parties may at any time enter into an agreement to entrust to an organization which provides full guarantee of impartiality and effectiveness with the duties which this Convention imposes on the Protecting Powers.

If the protected persons are not covered or have ceased to be extended for any reason by the activities of a power - the patroness or the organization provided for in the first paragraph, the power in whose power the protected persons are located should apply to a neutral state or such organization to accept functions performed in accordance with this Convention by the Protecting Power designated by the Parties to the conflict.

If it is not possible to exercise patronage in this way, the Power in whose power the protected persons are located should apply to a humanitarian organization, such as, for example, the International Committee of the Red Cross, or, subject to the provisions of this article, accept the offer of such an organization. assume the fulfillment of the humanitarian functions performed in accordance with this Convention by the Protecting Powers.

Any neutral Power or any organization invited by the Power concerned or proposing itself for this purpose must act responsibly towards the Party to the conflict, which includes the protected persons of this Convention, and provide sufficient assurance that it is in able to assume the relevant functions and perform them impartially.

The previous provisions cannot be violated by special agreements between powers when one of these powers, even temporarily, is limited in its ability to freely negotiate with another power or its allies due to the military situation, especially in cases where all or a significant part of the territory of this power occupied.

Whenever a Protecting Power is mentioned in this Convention, that name also means the organizations replacing it under this article.

The provisions of this article will extend and apply to citizens of a neutral state who are in an occupied territory or in the territory of a belligerent state, in which the state of which they are citizens does not have normal diplomatic representation.

The Protecting Powers, in all cases when they deem it useful in the interests of the protected persons, in particular in the event of a disagreement between the Parties to the conflict over the application or interpretation of the provisions of this Convention, will render their good offices with a view to resolving the difference.

To this end, each of the Protecting Powers may, at the request of one of the Parties or on its own initiative, invite the Parties to the conflict to organize a meeting of their representatives and, in particular, the authorities entrusted with the responsibility for the fate of the protected persons, possibly neutral, in an appropriate manner. selected territory. The Parties to the conflict are obliged to give effect to the proposals that will be made to them in this sense. The Protecting Powers may, if necessary, submit for approval to the Parties to the conflict a person belonging to a neutral power or a person delegated by the International Committee of the Red Cross who will be invited to participate in this meeting.

SECTION II. GENERAL PROVISIONS ON THE PROTECTION OF THE POPULATION AGAINST CERTAIN CONSEQUENCES OF WAR

The provisions of this section apply to the entire population of countries in conflict without discrimination of any kind, in particular for reasons of race, nationality, religion or political opinion, and should contribute to alleviating the suffering caused by war.

Even in peacetime, the Contracting Parties, and after the outbreak of hostilities, the Parties to the conflict may establish, on their own territory, and, if necessary, in the occupied territories, sanitary and safe zones and areas, organized in such a way as to protect against the actions of war the wounded and sick, the disabled, the elderly, children under 15 years of age, pregnant women and mothers with children under 7 years of age.

At the very beginning of the conflict and during its course, the parties concerned may conclude agreements on the mutual recognition of the zones and localities they have created. For this purpose, they may apply the provisions of the draft Agreement annexed to this Convention, making any possible amendments they may deem necessary.

The Protecting Powers and the International Committee of the Red Cross are encouraged to help facilitate the establishment and recognition of these sanitary and safe zones and localities.

Either directly, or through a neutral Power or a humanitarian organization, any Party to the conflict may approach the enemy Party with a proposal to establish neutralized zones in areas where fighting is taking place, designed to protect the following persons from the dangers of combat, without distinction between them. :

a) sick and wounded combatants and non-combatants;

(b) civilians not participating in hostilities or performing any work of a military nature during their stay in these zones.

As soon as the Parties to the conflict agree on the location, leadership, supply and control of the intended neutralized zone, a written Agreement is drawn up and signed by representatives of the Parties to the conflict. This Agreement will establish the start and duration of the neutralization of this zone.

The wounded and sick, as well as the disabled and pregnant women, will enjoy special patronage and protection.

Insofar as military requirements permit, each Party to the conflict will facilitate efforts to trace the dead and wounded, to provide assistance to shipwrecked and other persons in grave danger, and to protect them from robbery and ill-treatment.

The Parties to the conflict will try to conclude local agreements on the evacuation from the besieged or surrounded zone of the wounded and sick, the disabled, the elderly, children and women in labor, and on the admission to this zone of worshipers of all faiths, sanitary personnel and sanitary equipment.

Civilian hospitals organized to provide assistance to the wounded, sick, disabled and women in childbirth may not under any circumstances be the object of attack, but will at all times be respected and protected by the Parties to the conflict.

States Parties to the conflict will provide all civilian hospitals with certificates stating that they are civilian hospitals and that the buildings they occupy are not being used for any purpose that could deprive these hospitals of patronage in accordance with Article 19. ...

Civilian hospitals, with the permission of the state, will be marked with the emblem provided for in Article 38 of the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

The Parties to the conflict will, to the extent military requirements permit, take the necessary measures to ensure that the distinctive emblems of civilian hospitals are clearly visible to enemy land, air and naval forces in order to eliminate the possibility of any aggressive action.

In view of the danger to hospitals due to their proximity to military installations, it is recommended that these hospitals be located as far away from such installations as possible.

The patronage to which civilian hospitals are entitled can only be terminated if they are used not only for their humanitarian purposes, but also for taking action against the enemy. The patronage, however, is terminated only after an appropriate warning in all necessary cases, setting a reasonable time and not giving results.

The fact of the treatment of wounded or sick servicemen in these hospitals or the presence of personal weapons and ammunition in these hospitals that have been removed from these servicemen and have not yet been handed over to the relevant authority will not be considered as an action directed against the enemy.

Persons who are systematically and exclusively involved in the maintenance and administration of civilian hospitals, including personnel assigned to tracing, picking up, transporting and treating wounded and sick civilians, disabled people and women in childbirth, must be respected and protected.

In the occupied territory and in war zones, the aforementioned personnel must be identified by means of identification cards confirming their status, with a photograph of the owner and an embossed stamp of the responsible authorities, as well as in the performance of official duties by means of a stamped, moisture-proof armband worn on the left hand ... This armband will be issued by the state and will be equipped with the emblem provided for in Article 38 of the Geneva Convention of August 12, 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

Any other personnel who are involved in the maintenance and administration of civil hospitals will have the right to be respected and patronized and to wear an armband, as provided above, and in accordance with the conditions prescribed in this article, as long as they are used to perform such responsibilities. Their identity card should indicate the duties they perform.

The administration of each civilian hospital must maintain a list of the hospital personnel currently available to the appropriate national or occupation authorities.

The transport of wounded and sick civilians, invalids and women in childbirth, carried out on land by convoys and ambulance trains or at sea by ships intended for such transport, shall enjoy the same respect and patronage as the hospitals referred to in article 18, and the means of transport must with the consent of the state, be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention of August 12, 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

Aircraft used exclusively for the transport of wounded and sick civilians, invalids and women in childbirth, or for the transport of medical personnel and property, should not be attacked, but must be respected if they fly at height, during all times and along routes, specially provided for by agreements between the interested Parties in conflict.

They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

Unless otherwise agreed, flying over enemy or enemy-occupied territory is prohibited.

Such aircraft must obey any descent request. In the event of a landing on demand, the aircraft with its passengers will be able to continue its flight after inspection, if any.

Each Contracting Party will provide free passage for all parcels with medical and sanitary materials, as well as items necessary for religious worship, intended only for the civilian population of the other Contracting Party, even if the latter is an enemy. It will also allow free passage of all parcels with the necessary foodstuffs, personal clothing and strengthening equipment intended for children under 15 years old, pregnant women and women in labor.

The obligation of a Contracting Party to provide free passage for all parcels referred to in the previous paragraph is subject to the condition that the Party is satisfied that there are no serious reasons for concern:

a) that parcels may not be in their intended purpose, or

b) that controls may be ineffective, or

c) that they can in some way contribute to the success of an adversary's war effort or economy by replacing goods that the adversary would otherwise have to provide or produce, or by freeing up the raw materials, materials and labor needed to produce these goods.

A Power permitting the admission of parcels referred to in the first paragraph of this Article may make it a condition for such authorization that distribution to recipients is carried out under the local control of the Protecting Powers.

These parcels must be dispatched as quickly as possible, and the Power allowing their free passage must have the right to establish the technical conditions under which it is permitted.

The Parties to the conflict will take the necessary measures to ensure that children under the age of 15 who have been orphaned or separated from their families as a result of the war are not left to their own devices and to facilitate in all circumstances their maintenance, the fulfillment of duties related to their religion and their upbringing. Their upbringing, if possible, will be entrusted to people of the same cultural traditions.

The Parties to the conflict will facilitate the admission of these children to a neutral country during the conflict, with the consent of the Protecting Power, if any, and with the assurance that the principles set out in the first paragraph are respected.

In addition, they will endeavor to take the necessary steps to ensure that the identity of all children under 12 can be identified by wearing an identification medallion or in any other way.

Every person on the territory of a party to the conflict or in the territory occupied by it will be able to inform family members wherever they are, as well as receive information of a purely family nature from them. This correspondence will need to be forwarded quickly and without unnecessary delay.

If, due to the circumstances, the exchange of family correspondence in the usual way by mail is difficult or impossible, the interested Parties in conflict shall turn to a neutral intermediary, such as the Central Agency provided for in Article 140, to determine with him how to ensure the fulfillment of their duties in best conditions, in particular with the help of the National Red Cross Societies (Red Crescent, Red Lion and Sun).

If the Parties in conflict find it necessary to restrict family correspondence, such restrictions will be limited to the mandatory use of standard forms, on which you can write 25 words of any text and limit the sending of such forms to one per month.

Each of the Parties to the conflict will facilitate tracing by members of families scattered by the war in order to establish contact with each other and, if possible, facilitate their unification. In particular, it will support the activities of organizations that devote themselves to this cause, in the event that they are acceptable to this Power and are subject to the security measures adopted by it.

SECTION III. STATUS AND HANDLING OF FEDERALS [edit]

Part I PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES IN CONFLICT AND OCCUPIED TERRITORIES [edit]

Protected persons have the right under all circumstances to respect for their personality, honor, family rights, religious beliefs and rituals, habits and customs. They will always be treated humanely and, in particular, they will be protected from any act of violence or intimidation, insults and crowd curiosity.

Women will be specially protected from any attempt on their honor and, in particular, from rape, forced prostitution or any other form of attack on their morality.

Subject to the provisions concerning health, age and sex, the Party in conflict with the protected persons will treat all of them equally, without any discrimination, in particular for reasons of race, religion or political opinion.

However, with respect to these persons, the Parties to the conflict may take such control or security measures as may be necessary as a result of war.

The presence of the protected person in any points or areas cannot be used to protect those places from military operations.

The Party to the conflict that has control over protected persons is responsible for the treatment of protected persons by its representatives without relieving their personal responsibility.

Protected persons will be given every opportunity to contact the patron powers, the International Committee of the Red Cross, the national Red Cross Society (Red Crescent, Red Lion and Sun) of the country in which they are, as well as any organization that can help them ...

The authorities will provide these various organizations with every opportunity to do so within the limits allowed by military or security requirements.

In addition to the visits of the delegates of the Protecting Powers and the International Committee of the Red Cross as provided for in article 143, the Powers in whose power the protected persons or the occupying assistance to protected persons.

No coercive measures, either physical or moral, should be applied to protected persons, in particular, with the aim of obtaining information from them or from third parties.

The High Contracting Parties specifically agree that they are prohibited from taking any measure that might cause physical suffering or lead to the destruction of protected persons in their power. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experimentation, which is not required by the need for medical treatment of the protected person, but also to any other gross violence by representatives of civil or military authorities.

No protected person may be punished for an offense not personally committed by him. Collective punishment, as well as any measure of intimidation or terror, is prohibited.

Robbery is prohibited.

Reprisals against protected persons and their property are prohibited.

Taking hostages is prohibited.

Part II FOREIGNERS IN THE TERRITORY OF THE PARTY TO THE CONFLICT

Any protected person who wishes to leave the territory at the beginning or during the conflict will have the right to do so if his departure does not contradict the state interests of the country. The examination of these persons' requests to leave should be carried out in accordance with the usual procedure, and a decision should be taken as soon as possible. Those persons who have received permission to leave will be able to provide themselves with the money necessary for the trip and take with them a sufficient amount of their belongings and personal items.

If a person is denied permission to leave the territory, he will have the right to have this refusal reviewed at the earliest possible date by a court or by an appropriate administrative body designated for this purpose by the Power in whose power the protected persons are located.

If there is such a request, the representatives of the Protecting Power may, if security reasons permit it or if the persons concerned do not object, receive a message of the reasons for refusal in respect of any request for leave of the territory and a message, possibly promptly, of the names of all persons. who were refused permission to leave.

Departures, which are permitted under the previous article, will be carried out in satisfactory conditions in terms of safety, hygiene, health and nutrition. All related expenses from the point of exit from the territory of the Power in whose power these persons are located should be borne by the country to which they are sent, or, in the case of staying in a neutral country, by the Power whose citizens take advantage of this opportunity.

The practical conditions for such movements will, if necessary, be determined by special agreements between the powers concerned.

The foregoing does not apply to special agreements that may be concluded between the Parties to the conflict regarding the exchange and repatriation of their citizens who have fallen into the power of the enemy.

Protected persons serving a pre-trial detention or imprisonment sentence should be treated humanely during their detention.

Immediately after their release, they may request permission to leave the territory in accordance with the previous articles.

Except for the special measures provided for in this Convention and, in particular, Articles 27 and 41, the situation of protected persons will, in principle, continue to be governed by the rules concerning the treatment of aliens in time of peace. In any case, they will be granted the following rights:

1) they will be able to receive the individual or collective assistance sent to them;

2) they will receive medical care and treatment in hospitals to the same extent as citizens of the state concerned, if their state of health requires it;

3) they will be allowed to carry out their religious duties and receive spiritual assistance from the ministers of the cult of their religion;

4) if they live in an area especially exposed to the dangers of war, they will be allowed to leave this area to the same extent as citizens of the state concerned;

5) children under 15 years of age, pregnant women and mothers with children under 7 years of age will benefit to the same extent as citizens of the state concerned.

Protected persons who have lost their earnings as a result of the conflict should be given the opportunity to find paid work. In view of security considerations and the provisions of article 40, this option should be the same as that accorded to nationals of the Power in whose territory they are located.

When the Protected Persons are controlled by a Power in whose power they are subject to such control measures as to render them unable to maintain their existence, and especially when such persons cannot, for security reasons, obtain paid employment on conditions that are satisfactory to them then this power must provide the means for their subsistence and for the subsistence of their dependents.

Protected persons may in all cases receive benefits from their homeland, from the Protecting Power or from the relief societies mentioned in Article 30.

Protected persons may only be compelled to work to the same extent as citizens of the Party to the conflict in whose territory they are located.

If the protected persons are enemy citizens, they can only be forced to do work normally necessary to provide food, shelter, clothing, transportation and human health, and not directly related to the conduct of hostilities.

In the cases referred to in the preceding paragraphs, the protected persons who are forced to work are treated on a par with the conditions of work and guarantees, in particular with regard to wages, hours of work, clothing and equipment, pre-training and compensation for accidents at work and occupational diseases. , to the workers of the given country.

In the event of a violation of the above provisions, protected persons are allowed to exercise their right of appeal in accordance with Article 30.

If the Power in whose power the protected persons are found deems inadequate the control measures referred to in this Convention, it will, however, be unable to resort to any more severe control measure than forced settlement or internment in accordance with the provisions Articles 42 and 43.

In applying the provisions of the second paragraph of Article 39 to persons who have been required to leave their habitual places of settlement by virtue of a decision to forcibly settle in another specific place, the Power in whose power the protected persons are located must adhere to the rules concerning the treatment of internees as closely as possible. (Section III, Part IV of this Convention)

An order for the internment or compulsory settlement of protected persons in a particular place may be given only if it is absolutely necessary for the security of the Power in whose power they are located.

If a person voluntarily asks through representatives of the Protecting Power for his internment, and if his personal position makes it necessary, he will be interned by the Power in whose power he is.

Every protected person who is interned or forcibly settled in a designated place will have the right to have this decision reviewed at the earliest possible date by the appropriate court or by the appropriate administrative body designated for this purpose by the Power in whose power the internees are located. If internment or forced settlement in a particular place remains in force, the court or administrative body should periodically, at least twice a year, review the issue of that person with a view to favorably changing the original decision, if circumstances permit.

If the protected persons concerned do not object, the Power in whose power the internees are located should inform the Protecting Power as soon as possible of the names of all protected persons who have been interned or forcibly settled in a particular place and the names of persons who have been released from places of internment or places. forced settlement. The decisions of the courts or authorities referred to in the first paragraph of this article must also, subject to the same conditions, be communicated to the Protecting Power as soon as possible.

In applying the control measures specified in this Convention, the Power in whose power the protected persons are located shall not treat refugees who are in fact not enjoying the protection of any government as foreigners who are citizens of the enemy, by virtue of their only legal affiliation with the enemy State.

Protected persons cannot be transferred to a power that is not a party to the Convention.

This provision cannot serve as an obstacle to the repatriation of protected persons or to their return to their country of residence after the end of hostilities.

Protected persons may be transferred by the Power in whose power they are located only to the Power that is a party to the Convention, and only when the Power in whose power the protected persons are satisfied that this Power is willing and able to apply the Convention. When such a transfer of protected persons has taken place, the responsibility for the application of the Convention rests with the Power that has agreed to accept them, during the time for which they will be entrusted to it. However, in the event that this Power fails to comply with the provisions of the Convention on any important point, the Power that transferred the protected persons must, upon notification to the Protecting Power, take effective measures to remedy the situation or demand the return of the protected persons to it. This request must be granted.

The protected person may in no case be transferred to a country in which he could fear persecution due to his political or religious beliefs.

The provisions of this article do not prevent the extradition of protected persons accused of criminal offenses on the basis of extradition treaties concluded before the outbreak of hostilities.

Restriction measures taken against protected persons will be lifted, if this has not been done earlier, as soon as possible after the end of hostilities.

The measures of restriction taken with regard to their property will be lifted as soon as possible after the end of hostilities in accordance with the legislation of the Power in whose power the protected persons are located.

Part III OCCUPIED TERRITORIES

Protected persons who are in an occupied territory will not in any way or in any way be deprived of the benefits of this Convention by virtue of any change in the regulations in force in that territory or in the administration of that territory as a result of its occupation, or by virtue of an agreement concluded between the authorities of the occupied territory and the occupying Power, nor by virtue of the annexation by the occupying Power of all or part of the occupied territory.

Protected persons who are not nationals of a Power whose territory is occupied may exercise the right to leave that territory, subject to the provisions of article 35, and decisions on this matter must be taken in accordance with a procedure to be established by the occupying Power in accordance with that article.

The hijacking and deportation of protected persons from the occupied territory to the territory of the occupying power or to the territory of any other state, regardless of whether they are occupied or not, are prohibited for any reason.

However, the occupying Power will be able to evacuate, in whole or in part, a specific occupied area if the safety of the population or especially compelling military considerations so requires. In such evacuations, protected persons can only be moved into the interior of the occupied territory, except in cases where this is practically impossible. The population evacuated in this manner will be returned to their homes immediately after the military operations in the area are over.

The occupying Power, when undertaking these movements or evacuations, must provide the protected persons with adequate accommodations to the extent possible; these movements must be carried out under satisfactory conditions in terms of safety, hygiene, health and nutrition. Members of the same family will not be separated.

Once these movements or evacuations have taken place, they must be reported to the Protecting Power.

The occupying Power will not be able to detain protected persons in an area particularly at risk of war, unless the safety of the population or particularly compelling military considerations require it.

The occupying Power will not be able to deport or transfer part of its own civilian population into the territory it occupies.

The occupying Power must, with the assistance of national and local authorities, assist the institutions entrusted with the care and education of children in order for their work to proceed successfully.

She will have to take all necessary measures to facilitate the identification of children and the registration of their family ties. In no case should she change their civil status, nor enroll them in formations or organizations that depend on her.

In the event that local institutions are unable to fulfill these functions, the occupying power will have to take measures to support and educate orphans or children separated from their parents by the war, unless they can be provided with the care of close relatives or friends. ; training should be carried out as far as possible by persons of their nationality, language and religion.

A special department of the bureau established in accordance with article 136 will take all necessary steps to establish the identity of children in case of doubt as to their identity. Information about their father and mother or other close relatives that they will have should always be recorded.

The occupying Power should not obstruct the application of pre-occupation pre-occupation nutritional, medical and war protection preferential measures for children under 15, pregnant women and mothers with children under 7.

The occupying Power will not be able to compel protected persons to serve in its armed or auxiliary forces. Any pressure or propaganda in favor of voluntary admission to the army is prohibited.

The occupying Power will be able to send to forced labor only those protected persons who are over 18 years old, and only to work necessary either for the needs of the occupying army, or for work related to utilities, food, housing, clothing, transport and the health of the population of the occupied area ... Protected persons must not be forced to do any work that would compel them to take part in military operations. The occupying Power will not be able to require protected persons to use force to secure the premises in which they carry out their assigned work.

The work will be carried out only within the occupied territory where these persons are located. Each such person will, as far as possible, be kept at his or her usual place of work.

The work will be paid fairly and should be consistent with the physical and intellectual abilities of the workers. The laws in force in the occupied country on working conditions and labor protection, such as wages, working hours, equipment, pre-training and compensation for accidents at work and occupational diseases, will apply to protected persons who are entrusted with the work specified in this article.

In any case, forced recruitment to work should never lead to the mobilization of workers into an organization of a military or paramilitary nature.

No contracts, agreements or clauses can limit the rights of both a volunteer and an involuntary worker, wherever he is, to approach representatives of the Protecting Power with a request for her intercession.

Any measures aimed at causing unemployment or restricting the possibility of working for workers in the occupied territory in order to force them to work for the occupying power are prohibited.

Any destruction by the occupying Power of movable or immovable property individually or collectively owned by individuals or the State, communities or public or cooperative organizations that is not absolutely necessary for military operations is prohibited.

The occupying Power is prohibited from altering or sanctioning officials or judges in the occupied territories, taking any coercive measures or discriminating against them because of their conscientious objection to their duties.

This last prohibition does not preclude the application of the second paragraph of Article 51. It does not affect the right of the occupying Power to remove officials from their posts.

The occupying Power is obliged to ensure the supply of food and sanitary materials to the civilian population using all available means. It should, in particular, bring in the necessary food supplies, sanitary materials and other items in cases where the resources of the occupied territory are insufficient.

The occupying Power may requisition food or other items, as well as sanitary materials located in the occupied territory, only for the occupying forces and for the administration and only taking into account the needs of the civilian population. Subject to other international conventions, the occupying Power must take steps to ensure that any requisition is equitably compensated.

The Protecting Power has the right at any time to freely check the state of the food supply and the supply of sanitary materials in the occupied territory, taking into account time constraints caused by urgent military requirements.

The occupying Power is obliged, by all means available to it, to ensure and support, with the assistance of national and local authorities, the operation of sanitary and hospital facilities and services, health and public hygiene in the occupied territory, in particular by taking and applying the preventive and preventive measures necessary to combat the spread of infectious diseases and epidemics. Sanitary personnel of all categories will be allowed to carry out their duties.

If new hospitals are established in the occupied territory and the competent authorities of the occupied state do not function in that territory, the occupying authorities must, if necessary, recognize these hospitals in accordance with the provisions of Article 18. Under similar circumstances, the occupying authorities must also recognize hospital personnel and means of conveyance by virtue of the provisions of Articles 20 and 21.

In adopting and implementing health and hygiene measures, the occupying Power must take into account the moral and ethical demands of the population of the occupied territory.

The occupying Power will only be able to requisition civilian hospitals only temporarily and only when absolutely necessary to care for wounded and sick members of the armed forces and provided that appropriate measures are taken in a timely manner to provide treatment and care for the sick in those hospitals and to meet the needs of the civilian population. in hospital treatment.

The property and warehouses of civilian hospitals cannot be requisitioned as long as they are necessary for the needs of the civilian population.

The occupying Power will allow worshipers to provide spiritual assistance to their fellow believers.

The occupying Power will also accept parcels containing books and items necessary for the satisfaction of religious needs and will facilitate their distribution in the occupied territory.

If the supply of the entire population of the occupied territory or part of it is insufficient, the occupying power must agree to measures to provide assistance to this population and must facilitate the implementation of these measures by all means at its disposal.

Such activities, which may be carried out either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, should include, inter alia, parcels of food, sanitary materials and clothing.

All Contracting Parties must allow the free carriage of these parcels and must guarantee their protection.

A Power granting the free carriage of parcels into territory occupied by an opposing Party to the conflict should, however, be entitled to inspect the parcels, regulate their carriage in accordance with prescribed times and routes, and ascertain, through the patronizing Power, that such parcels will be be used to provide assistance to populations in need, not in the interests of the occupying Power.

The consignments of aid do not in any way relieve the occupying Power of the responsibilities assigned to it by Articles 55, 56 and 59.

The occupying Power shall not grant relief consignments for any other purpose, except in cases of urgent need, in the interests of the population of the occupied territory and with the consent of the Protecting Power.

The distribution of the aid consignments referred to in the preceding Articles will be carried out with the assistance and control of the Protecting Power. This responsibility may also be delegated by agreement between the occupying Power and the Protecting Power of the neutral Power, the International Committee of the Red Cross or any other impartial humanitarian organization.

These aid consignments are exempted in the occupied territory from all duties, taxes or customs duties, except for those cases when the latter are necessary in the interests of the economy of the territory. The occupying Power must endeavor to ensure the rapid distribution of these goods.

All Contracting Parties should endeavor to authorize the free carriage and transport of these aid consignments destined for the occupied territories.

Protected persons in the occupied territory, in the event that this does not contradict the imperative interests of security, will also be able to receive parcels personally addressed to them.

Subject to interim measures, which may exceptionally be imposed by the occupying Power for reasons of security of an emergency nature:

a) recognized national Red Cross (Red Crescent, Red Lion and Sun) Societies will be able to continue to engage in activities that comply with the principles of the Red Cross established by international conferences of the Red Cross. Other relief societies will be allowed to continue their humanitarian work under the same conditions;

(b) The occupying Power will not be able to demand any change in the personnel or structure of these societies that could prejudice the above activities.

The same principles will apply to the activities and personnel of ad hoc organizations of a non-military nature, existing or likely to emerge, in order to ensure the living conditions of the civilian population by maintaining basic public services, distributing aid and organizing rescue.

The criminal law of the occupied territory shall remain in force unless it may be repealed or suspended by the occupying power if that law poses a threat to the security of the occupying power or prevents the application of this Convention. Taking into account the above considerations and the need to ensure the effective administration of justice, the judicial authorities of the occupied territory will continue to exercise their functions in all offenses provided for by this legislation.

The occupying Power may nevertheless subject the population of the occupied territory to regulations essential to the fulfillment of its obligations under this Convention, to maintain the normal administration of the territory and to ensure the security of the occupying Power, the personnel and property of the occupying power or administration, and the facilities and lines of communication it uses. ...

Criminal ordinances issued by the occupying Power take effect only after they have been published and brought to the attention of the population in its language. These binding regulations must not be retroactive.

In the event of violations of criminal orders issued by the occupying Power under the second paragraph of article 64, the occupying Power may bring the accused to its duly established non-political military courts, provided they are present in the occupied territory. Courts of the second instance will sit primarily in the occupied country.

These courts can only apply legally issued rulings that were in force prior to the commission of the offense and that comply with the basic principles of law, in particular, the principle of proportionality of punishment. They must take into account the fact that the accused is not a citizen of the occupying Power.

If the protected person commits an offense with the sole intent to harm the occupying Power and if the offense does not constitute an infringement on the life or physical integrity of the personnel of the occupation forces or the administration, does not pose a serious collective danger or cause serious damage to the property of the occupying forces and the administration or the facilities they use, that person is liable to internment or simple imprisonment, the duration of such internment or such imprisonment being proportionate to the offense committed. In addition, internment or imprisonment will be the only measure of deprivation of liberty for such offenses against protected persons. The courts provided for in Article 66 of this Convention may freely substitute imprisonment for internment for the same period.

Criminal provisions issued by the occupying Power under Articles 64 and 65 may only provide for the death penalty for protected persons if they are guilty of espionage, serious acts of sabotage against the military objectives of the occupying Power, or willful misconduct. who caused the death of one or more persons, and provided that the legislation of the occupied territory, which was in force before the beginning of the occupation, provided for the death penalty in such cases.

The death penalty may be imposed on a protected person only if the court's attention has been drawn to the fact that, since the accused is not a citizen of the occupying power, he is not bound by any duty of loyalty to it.

In no case may the death penalty be imposed on a protected person who was less than eighteen years old at the time of the offense.

In all cases, the term of pre-trial detention will count towards any term of imprisonment to which the accused protected person may be sentenced.

The occupying Power may not arrest, prosecute or convict protected persons for actions or opinions committed or expressed before or during the period of its temporary cessation, except in cases of violation of the laws and customs of war.

Citizens of the occupying power who, prior to the outbreak of the conflict, sought refuge in the occupied territory may be arrested, prosecuted, convicted or deported outside the occupied territory only for offenses committed after the outbreak of hostilities or for criminal offenses committed before the outbreak of hostilities, for which, according to the laws of the state, the territory of which is occupied, the offender would be subject to extradition in peacetime.

The competent judicial authorities of the occupying Power may not issue a single sentence without a due process of trial.

Any person against whom charges are brought against by the occupying Power must be promptly notified in writing, in a language he understands, detailing the charges against him, and his case must be investigated as quickly as possible.

The patron power must be notified of any prosecution brought by the occupying Power against protected persons for crimes involving the death or imprisonment of two years or more; she may at any time inquire about the status of any such court case. In addition, the Protecting Power will have the right to receive, at its request, all information concerning such legal cases and any prosecution brought by the occupying Power against protected persons.

The notification to the Protecting Power provided for in the second paragraph of this article must be sent immediately, and in any event the Protecting Power must receive it three weeks before the first hearing of the case. A court case cannot be heard if, by the beginning of the court session, evidence has not been presented that the provisions of this article have been fully complied with. This notice must contain the following information:

a) information about the identity of the accused;

b) place of internment or confinement;

(c) A detailed statement of the charge or charges (specifying the criminal orders on which the charge is based);

d) the name of the court that will hear the case;

e) place and time of the first hearing of the case.

Any accused person has the right to present evidence necessary for his defense, and, in particular, may demand that witnesses be summoned to court. He will be entitled to the assistance of a qualified defense lawyer of his choice who will be able to visit the accused freely and who will be given every opportunity to prepare for his defense.

If the accused does not choose his own defender, the Protecting Power can provide him with one. When the accused is charged with a serious crime and when there is no patron power, the occupying power, subject to the consent of the accused, must provide him with a defense lawyer.

Any accused should be provided with the assistance of an interpreter, both during the preliminary investigation and at court sessions, except for those cases when he voluntarily refuses such assistance. He will always have the right to object to the translator and ask for his replacement.

Every convicted person has the right to use all methods of appeal provided for by the legislation applied by the court.

He will be fully informed of his rights to appeal, as well as the time frame during which he can exercise this right.

The criminal procedure procedure provided for in this part shall apply, insofar as it is applicable, to an appeal.

In the event that the law applied by the court does not contain provisions on appeal, the person convicted by it will have the right to appeal against the sentence to the appropriate authorities of the occupying Power.

Representatives of the Protecting Power will have the right to attend any court hearing the case of the protected person, except in exceptional cases when the case must be heard behind closed doors in the interests of the security of the Occupying Power, of which the latter will warn the Protecting Power. Notice of the place and date of the commencement of the hearing of the case in court must be sent to the Protecting Power.

All sentences that provide for the death penalty or imprisonment for a term of two years or more must be notified to the patron power as soon as possible, indicating the grounds for sentencing. The notice must refer to the notice made in accordance with article 71 and, in the case of a sentence of imprisonment, also an indication of the place where the sentence will be served. Sentences other than those mentioned above should be kept in court and made available for review by representatives of the Protecting Power. The time limit set for filing an appeal in the event of a sentence involving the death penalty or imprisonment of two years or more shall not begin until notice of the sentence has been received by the Protecting Power.

In no case should a person sentenced to death be deprived of the right to petition for clemency.

No death sentence will be carried out until at least six months have elapsed from the date on which the Protecting Power receives the message of the final judgment confirming the death sentence or the decision not to grant pardon.

In individual cases, when due to extraordinary circumstances, a prepared threat to the security of the occupying Power or its armed forces is created, this six-month period may be reduced. The patron power will always be informed of this reduction of the term, and will always be given the opportunity to make representations to the competent occupation authorities regarding these death sentences and the time required to do so.

Protected persons accused will be detained in the occupied country and, if convicted, must serve their sentence there. They will, if possible, be separated from the rest of the prisoners, and they should be provided with a sanitary and food regime sufficient to maintain their health in good condition and at least consistent with the regime of the prison institutions of the occupied country.

They will receive the medical care they need for their health.

They will be equally allowed to receive the spiritual support they might need.

The women will be confined in separate rooms and under the direct supervision of the women.

The special treatment for minors will be taken into account.

Protected persons in prison shall have the right to be visited by delegates of the Protecting Power and the International Committee of the Red Cross, in accordance with Article 143.

In addition, they will be entitled to receive at least one parcel of assistance per month.

Protected persons accused or convicted by the courts in the occupied territory must be handed over at the end of the occupation, with a case filed against them, to the authorities of the liberated territory.

If, for imperative security reasons, the Occupying Power considers it necessary to take precautions against protected persons, then at most

Goals and objectives of the module:

Consider which IHL instruments contain provisions for the protection of civilians and civilian objects; to provide an idea of \u200b\u200bwhat protection and how should be provided to the civilian population and civilian objects in the event of armed conflict.

Module plan:

Fourth Geneva Convention of 1949, its meaning and main provisions;

two 1977 Additional Protocols, their contribution to enhancing the protection of civilians and civilian objects;

the principle of proportionality, its essence;

The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications, their role in enhancing the protection of civilians.

International humanitarian law has long avoided such an issue as the protection of civilians in war. Thus, civilians were effectively deprived of legal protection and left to the mercy of the belligerents. Only in the Hague Convention of 1907 appear several clauses on the protection of civilians in the occupied territories.

A fundamental change in the situation began only in 1949, when the Geneva Conventions were adopted, the fourth of which was entirely devoted to the protection of civilians. No wonder the famous lawyer Jean Pictet called this convention the main achievement of the 1949 Diplomatic Conference. Indeed, if the protection of the wounded, sick soldiers, prisoners of war and shipwrecked persons were considered earlier in the Geneva and Hague Conventions, then the protection of civilians was thoroughly spelled out for the first time.

Perhaps at the turn of the XIX-XX centuries. there really was no particular need to dedicate a separate convention to this. During the Franco-Prussian War of 1870-1871. only 2% of those killed were civilians, during the First World War - 5%. The Second World War, in which half of the dead were civilians, was a real shock. Not surprisingly, the Fourth Geneva Convention was adopted after it.

One of the most important articles in it is Art. 32, prohibiting belligerents from "taking any measure that could cause physical suffering or lead to the destruction of protected persons ...". For the first time, the text of the convention enshrined norms prohibiting the use of torture, reprisals and collective punishment of civilians, as well as any measures of intimidation and terror against the civilian population.

This Convention regulated in detail the status of the civilian population in the occupied territories, but many important issues of ensuring the protection of civilians and civilian objects directly in the areas of hostilities continued to remain outside the sphere of international legal regulation.

The Fourth Geneva Convention, in particular, states that the internment of civilians is permitted only if it is absolutely necessary for the security of the Power in whose power they are. Moreover, this power must treat the internees humanely, provide them with food, medical care, etc. Places of internment should not be located in areas particularly exposed to military danger. (Internment is a special regime of restriction of freedom imposed by one belligerent for citizens of the other side or foreigners; moving these people to places where it is easier to supervise them).

In the occupied territories, civilians under the age of 18 must not be forced to work, and no civilian must be forced to take part in hostilities, nor must they be forced to perform work directly related to the conduct of hostilities. People involved in work should receive appropriate monetary rewards for it.

The occupying power is obliged to ensure the supply of food and medicine, the operation of public utilities and health services in the occupied territory. If she cannot provide all this, she is obliged to accept cargoes of humanitarian aid from abroad.

While recognizing the right of foreigners to leave the country at the beginning and in the midst of a conflict, the Convention also reaffirms the right of the state to detain those who may turn weapons against it or are in possession of state secrets. Those who are denied leave can challenge the refusal in court.

One of the sections of the Convention is devoted to legislation in the occupied territories. While protecting the population from arbitrariness, the Convention at the same time states that the occupying authorities must be able to maintain order and resist revolts.

Under normal circumstances, the occupying authorities must uphold the existing legislation and the existing courts in the occupied country. The occupiers do not have the right to change the status of officials and judges in the occupied territories, nor to punish them for refraining from fulfilling their duties for reasons of conscience.

Civilians deprived of their liberty for any reason should enjoy essentially the same benefits as prisoners of war.

As already mentioned, the Fourth Geneva Convention was a real breakthrough, but its most important provisions were not applied to that part of the civilian population located in the areas of hostilities where the degree of threat to their lives is the highest. Therefore, the fourth Convention did not fully solve the problem of ensuring the protection of civilians from the dangers arising directly in the course of hostilities.

In the First Additional Protocol, for the first time in international law, the very principle of the protection of civilians was clearly formulated, its main content was revealed, the rules governing the conditions for granting protection to civilians were specified, and the main obligations of the belligerents in relation to ensuring the protection of civilians were defined.

Central to the First Additional Protocol is Art. 48 Basic Rule, which states that “in order to ensure the respect and protection of civilians and civilian objects, parties to a conflict must always distinguish between civilians and combatants, and between civilian objects and military objectives, and direct their actions accordingly only against military targets. " For the first time, norms were also enshrined that “in case of doubt as to whether a person is a civilian, he is considered a civilian,” that is, one who does not belong to the personnel of the armed forces and does not take part in hostilities.

Of course, a civilian can be of any age, gender, profession (including a journalist), although the protection of certain categories of the civilian population (in particular, medical personnel, clergy, women, children under 15, personnel of civil defense organizations) is prescribed in the international humanitarian right especially. An entire chapter (Articles 61 - 67) of the First Additional Protocol is devoted to civil defense organizations - because these organizations play a huge role in the protection of civilians. The personnel and property of civil defense organizations must be respected and protected and must not be attacked. In the occupied territories, civilian civil defense organizations must receive the assistance from the authorities to carry out their tasks.

The First Additional Protocol also defines military and civilian targets. The category of military objects includes only those "which, by virtue of their nature, location, purpose or use, make an effective contribution to hostilities and the complete or partial destruction, capture or neutralization of which, under the current circumstances, gives a clear military advantage" (Art. 52). Objects specially created for use as means of warfare do not raise doubts about their belonging to the military category (military equipment, ammunition depots, etc.). At the same time, this definition also covers objects that are civilian by their initial, main purpose, but at a particular moment of hostilities are used by the armed forces in order to ensure the success of hostilities (for example, a residential building from which the military fires).

Civilian objects are all those that are not military as defined above. The first Additional Protocol also establishes a presumption in favor of the civilian character of objects, according to which, in case of doubt about the possible military use of certain objects, usually intended for civilian purposes, they should be considered as civilian.

Although international humanitarian law prohibits attacks on civilian objects and civilians, it is permissible that they may become collateral (accidental) victims of attacks directed against military objectives. At the same time, it is important to observe the principle of proportionality (proportionality), the essence of which is that the expected civilian casualties and destruction of civilian objects should not be excessive in relation to the "concrete and direct military advantage" that is planned to be obtained as a result of the attack (see Art. Articles 51 and 57 of the First Additional Protocol). That is, the greater the military advantage the belligerent gains as a result of the attack, the greater the accompanying civilian casualties will be acceptable. For example, if shrapnel from a detonated enemy ammunition depot injures or even kills several nearby civilians, they will most likely be considered as accidental victims of a completely legitimate attack. But the attacking side, in any case, must make every effort to avoid casualties among the civilian population, or at least to minimize them.

Modern international humanitarian law places certain restrictions on attacks against military objectives if such attacks could result in excessive civilian casualties, damage or destruction of civilian objects. Thus, the 1977 First Additional Protocol prohibits attacks on dams, dams and nuclear power plants "even in cases where such facilities are military objectives, if such an attack could cause the release of dangerous forces and subsequent heavy civilian casualties." The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons prohibits, inter alia, “under any circumstances, subjecting any military object located in an area of \u200b\u200bconcentration of civilians to an attack using an incendiary weapon delivered by air”. In other words, a military facility located in a city or other settlement cannot be bombed with incendiary bombs. (In March 1945, American planes bombarded Tokyo with incendiary bombs, killing 80,000 to 100,000 people, far exceeding the number of victims of other air raids.)

Belligerents should try to locate military objectives away from civilians and objects, and in no case use the civilian population as a cover against attacks.

The 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, adopted at the initiative of the Soviet Union, also makes a significant contribution to the protection of civilians in armed conflicts. This convention was adopted under the influence of the Vietnam War (more precisely, in Indochina) - the first armed conflict in the history of mankind, where the purposeful and systematic destruction of the natural environment and the impact on natural processes for military purposes was one of the main elements of the strategy, an independent method of conducting combat action. This ecological war, unleashed by the US armed forces, was aimed at depriving the inhabitants of Vietnam, Laos and Cambodia of the opportunity to use forests as natural shelters during hostilities, destroying crops, food supplies and livestock, disrupting agricultural production ... The main methods of ecological warfare were systematic the use of military herbicides and defoliants (chemicals used to destroy vegetation), the use of special equipment (bulldozers, etc.) in order to destroy vegetation, forests and crops in large areas of the territory. Great damage to the natural environment of Indochina was caused by the systematic and large-scale use of incendiary substances, especially napalm. In addition, the US military systematically used meteorological warfare methods - influencing local weather processes in order to initiate precipitation to inundate vast swaths of Vietnam's territory ... With these methods of warfare, it is not surprising that more than 90% of those killed were civilians.

The aforementioned Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment was the first special agreement in history aimed at preventing the use of means and methods of waging environmental warfare. Each state party to this Convention "undertakes not to resort to military or any other hostile use of means of influence on the natural environment, which have wide, long-term or serious consequences ...". International legal norms governing the protection of the natural environment from military impact were further developed in the First Additional Protocol of 1977, where there is a special article "Protection of the natural environment".

To protect the civilian population in general and its individual categories in particular (children, women, sick, wounded, etc.), modern international humanitarian law provides for the creation of special zones and localities. For example, the fourth Geneva Convention refers to special "neutralized zones", in the First Additional Protocol of 1977 - about "non-defended areas" and "demilitarized zones". If you do not go into the nuances, the essence of such areas and zones is that one belligerent side does not have the right to defend such an area with weapons in hand, and the other - to attack it. In particular, during the war in the territory of the former Yugoslavia in the 90s. XX centuries some areas were declared undefended, although in practice this was ineffective: shelling of these areas (cities), as a rule, did not stop.

Civil wars like the conflict in Yugoslavia or Rwanda are a real disaster for the civilian population of these countries. The "mini-convention" (the third article common to all Geneva Conventions of 1949) and the Second Additional Protocol of 1977 have special provisions protecting the civilian population during internal armed conflicts. But this protection is spelled out in less detail than the protection of the civilian population in the period of international conflicts. In the text of the "mini-convention" there is not even a direct reference to the civilian population as the object of the protection provided. We are talking about persons "who do not directly take part in hostilities." Of course, civilians belong to this category of persons, but still the wording is not specific enough. The significance of the “mini-convention” was also weakened by the absence of rules prohibiting the use of reprisals against civilians, as well as the absence of appropriate provisions on the protection of civilian objects. In general, Art. 3 of the 1949 Geneva Conventions could not provide effective protection for civilians in non-international armed conflicts. With the adoption of the Second Additional Protocol in 1977, the situation has somewhat changed for the better. This document already clearly states that "the civilian population as such, as well as individual civilians, should not be the target of attack." It is very important that the Second Additional Protocol, like the First, prohibits the use of civilian famine as a method of warfare. Forcible displacement of civilians is prohibited unless it is dictated by considerations of ensuring the safety of these persons or “compelling military reasons”. But these norms actually limit the international legal protection of civilians in armed conflicts of a non-international character. In the text of the Second Additional Protocol, in particular, there are no provisions that formulate the presumption of belonging of civilians to the category of civilians in case of doubts about their status; there are no provisions prohibiting indiscriminate means and methods of warfare, etc.

Among the shortcomings of the protocol should also be attributed to the absence in the text of a direct indication that in the course of combat operations the belligerents are obliged to ensure adequate protection of civilian objects and, accordingly, to limit hostilities only to military objectives. The 1977 Second Additional Protocol identifies only the following specific categories of civilian objects to be protected:

• - Objects necessary for the survival of the civilian population (such as food, crops, livestock, drinking water supplies, etc.)
• - Installations and structures containing dangerous forces (dams, dams and nuclear power plants).
• - Cultural values, works of art, places of worship.

Thus, the fate of the civilian population and civilian objects during a non-international armed conflict continues to depend largely on national legislation, on the rules adopted by the armed forces of a given country, and, of course, on the degree of compliance with these rules.

Summary

The Fourth Geneva Convention of 1949 is entirely devoted to the protection of civilians in the occupied territories. It prohibits belligerents from "taking any action that might cause physical suffering or lead to the destruction of protected persons ...". For the first time, the text of the convention enshrined norms prohibiting the use of torture, reprisals and collective punishment of civilians, as well as any measures of intimidation and terror against the civilian population. The occupying power is obliged to ensure the supply of food and medicine, the operation of public utilities and health services in the occupied territory. Under normal circumstances, the occupying authorities must uphold the existing legislation and the existing courts in the occupied country.

The most important provisions of the fourth convention were not applied to that part of the civilian population, which is located in the areas of hostilities, where the degree of threat to their lives is the highest. Therefore, the fourth Convention did not fully solve the problem of ensuring the protection of civilians from the dangers arising directly in the course of hostilities.

This gap was filled by two Additional Protocols to the Geneva Conventions, adopted in 1977. The first protocol regulates situations of international, and the second - non-international armed conflicts. Both protocols pay particular attention to the protection of civilians.

Although international humanitarian law prohibits attacks on civilian objects and civilians, it is permissible that they may become collateral (accidental) victims of attacks directed against military objectives. At the same time, it is important to observe the principle of proportionality.

The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications, like a number of other IHL instruments, have also greatly contributed to enhancing the protection of civilians.

Literature on the topic

War crimes. Everyone should know this. M., 2001.

Protection of persons and objects in international humanitarian law. Collection of articles and documents. M., ICRC, 1999.

International humanitarian law in documents. M., 1996.

Pictet Jean. Development and principles of International Humanitarian Law. ICRC, 1994.

Furkalo V.V. International legal protection of civilians in armed conflicts. Kiev, 1986.

Russian

French

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French translation of "civilians in time of war"

Other translations

suggestions

We reiterate our appeal to the parties to refrain from actions that are contrary to international humanitarian law, as well as to scrupulously implement the provisions of the Fourth Geneva Convention on the Protection of 1949 .

Nous demandons à nouveau aux parties de s "abstenir de recourir à des pratiques contraires au droit international humanitaire, et les prions instamment de respecter pleinement les dispositions de la quatrième Convention de Genève de 1949 relative à la protection des civils en temps de guerre .

Civils en temps de guerre. "\u003e

Geneva Convention for the Protection civilians during the war recognizes the right of protected foreigners to leave the territory of a party to the conflict.

La Convention de Genève relative a la protection des reconnaît aux étrangers qui sont des personnes protégées le droit de quitter le territoire d "une partie au conflit.

Personnes civiles en temps de guerre reconnaît aux étrangers qui sont des personnes protégées le droit de quitter le territoire d "une partie au conflit."\u003e

Given the ongoing crisis, the Committee reiterates the importance of the occupying Power's compliance with the provisions of the Geneva Convention of 12 August 1949 for the protection of civilians during the war.

Alors que la crise se poursuit, le Comite souligne de nouveau que la puissance occupante doit se conformer aux dispositions de la Convention de Genève relative à la protection des personnes civiles en temps de guerre du 12 août 1949.

Personnes civiles en temps de guerre du 12 août 1949. "\u003e

These violations are contrary to the spirit and letter of all norms of international humanitarian law, including the Fourth Geneva Convention on the Protection civilians during the war dated August 12, 1949.

Dans la lettre et dans l "esprit, ces violations contreviennent a toutes les normes du droit international en matière humanitaire, y comprised, la quatrième Convention de Genève du 12 août 1949 sur la protection des personnes civiles en temps de guerre .

Personnes civiles en temps de guerre. "\u003e

An international presence in the occupied territories can help stem the continuation and escalation of violations of the Geneva Convention on Protection civilians during the war and solve the fundamental question - the problem of ending the occupation.

Une présence internationale dans les territoires occupés peut aider à prévenir la continuation et l "escalade des violations de la quatrième Convention de Genève relative à la protection des personnes civiles en temps de guerre et à régler la question fondamentale - la fin de l "occupation.

Personnes civiles en temps de guerre et à régler la question fondamentale - la fin de l "occupation."\u003e

Persons arrested for security reasons have been provided and continue to be provided with the guarantees provided for by the Geneva Convention on the Protection civilians during the war.

Les personnes détenues pour des raisons de sécurité avaient bénéficié et continuaient de bénéficier de la protection conférée par la Convention de Genève relative à la protection des personnes civiles en temps de guerre .

Personnes civiles en temps de guerre. "\u003e

He is trying to misinform the Assembly and justify his concerns on the basis of the Geneva Convention on the Protection of civilians during the wardespite the end of the military confrontation more than 10 years ago.

Il essaie d "induire en erreur l" Assemblée et de justifier ses préoccupations sur la base de la Convention de Genève relative à la protection des personnes civiles en temps de guerre , en dépit de la fin des affrontements militaires il y a plus de 10 ans.

Personnes civiles en temps de guerre, en dépit de la fin des affrontements militaires il y a plus de 10 ans. "\u003e

“A court-martial ... shall apply the provisions of the Geneva Convention of 12 August 1949 for the protection of civilians during the war in relation to legal proceedings.

“Le tribunal militaire ... doit appliquer les dispositions de la Convention de Genève du 12 août 1949 relative à la protection des personnes civiles en temps de guerre en ce qui concerne les procédures judiciaires.

Personnes civiles en temps de concer guerre en ce quine les procédures judiciaires. "\u003e

In the vast majority of cases, the actions taken by the occupying forces during this bloody military campaign are serious violations of the Fourth Geneva Convention on the Protection civilians during the war dated August 12, 1949.

Dans leur grande majorité, les mesures prises par les forces d "occupation au cours de cette campagne militaire sanglante ont constitué de graves violations de la quatrième Convention de Genève relative a la protection des personnes civiles en temps de guerre , du 12 août 1949.

Personnes civiles en temps de guerre, du 12 août 1949. "\u003e

This is not only a flagrant violation of the Fourth Geneva Convention of 12 August 1949 for the protection of civilians during the war, but also the "road map" itself.

Il s "agit là de la violation la plus flagrante non seulement de la quatrième Convention de Genève relative à la protection des personnes civiles en temps de guerre , du 12 août 1949, mais aussi de la Feuille de route elle-même.

Personnes civiles en temps de guerre, du 12 août 1949, mais aussi de la Feuille de route elle-même. "\u003e

Likewise, the Fourth Geneva Convention on the Protection of the United States prohibits the change of borders or the annexation of occupied territories. civilians during the war dated August 12, 1949.

La quatrième Convention de Genève relative à la protection des personnes civiles en temps de guerre , en date du 12 août 1949, interdit également de modifier ou d "annexer des territoires occupés.

Personnes civiles en temps de guerre, en date du 12 août 1949, interdit également de modifier ou d "annexer des territoires occupés."\u003e

The full implementation of the Fourth Geneva Convention is vital in order to guarantee the respect for fundamental human rights in relation to civilians during the war and occupation.

La pleine application de la quatrième Convention de Genève est indispensable pour garantir le respect des droits fondamentaux des populations civiles en temps de guerre et d "occupation.

Populations civiles en temps de guerre et d "occupation."\u003e

This position was reaffirmed by the Council in its resolution 465, in which it reaffirmed that the Geneva Convention of 12 August 1949 for the Protection civilians during the war applicable to these territories.

Il a rappelé sa position dans sa résolution 465, dans laquelle il affirmait que la Convention de Genève relative à la protection des personnes civiles en temps de guerre , du 12 août 1949, était applicable à ces territoires.

Personnes civiles en temps de guerre, du 12 août 1949, était applicable à ces territoires. "\u003e

Mexico is particularly concerned that, in any conflict situation, the parties must recognize the primary need to comply with the provisions of international humanitarian law, in particular those contained in the Fourth Geneva Convention on the Protection civilians during the war.

Le Mexique estime notamment que dans toute situation de conflit, les parties doivent reconnaître qu "il est impératif de respecter les dispositions du droit international humanitaire, notamment celles énoncées dans la quatrième Convention de Genève relative à la protection des personnes civiles en temps de guerre .

Personnes civiles en temps de guerre. "\u003e

Argentina reaffirms the need for scrupulous observance of the obligations and agreements arising from the Geneva Convention for the Protection civilians during the war dated August 12, 1949.

L "Argentine affirme la nécessité de respecter scrupuleusement les obligations et responsabilités découlant de la Convention de Genève du 12 août 1949 relative à la protection des personnes civiles en temps de guerre .

Personnes civiles en temps de guerre. "\u003e

Mr. Obeid said that the purpose of the Geneva Conventions and their Additional Protocols is to suppress violations of international law and to protect civilians during the war.

M. Obeid dit que les Conventions de Genève et les Protocoles additionnels qui les complètent ont pour objet de réprimer les infractions au droit international et de protéger les

V.V. ALESHIN, Ph.D. in Law, Associate Professor History shows that it took hundreds and even thousands of years before mechanisms were formed to protect the civilian population from the cruelties of war. In ancient times, the enemy was viewed as a being deprived of rights, in relation to which any actions were allowed (moreover, the very concept of "enemy" had many meanings). The civilian population was not immune from violence.

This article was copied from the site https: //www.site

V.V. ALESHIN,

candidate of Legal Sciences, Associate Professor

History shows that it took hundreds or even thousands of years before mechanisms were formed to shield civilians from the atrocities of war. In ancient times, the enemy was viewed as a being deprived of rights, in relation to which any actions were allowed (moreover, the very concept of "enemy" had many meanings). The civilian population was not immune from violence. If the winner spared the civilian population of the enemy state, he did it for moral and political reasons, and not for the requirements of law. Scientists of that time considered two basic provisions: first, all subjects of warring states should be considered enemies; second, the vanquished submit to the arbitrariness of the victor.

The inviolability of the civilian population was secured only in 1907 by the Hague Convention on the Laws and Customs of War on Land (hereinafter referred to as the Hague Convention). At present, in addition to this convention, the issues of the protection of civilians are defined by the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 (hereinafter - IV Convention), as well as by additional protocols to the 1949 conventions.

For more than 40 years, the Hague Convention remained the only treaty source of international law related to the protection of civilians, as it contained a number of important provisions distinguishing between the army and the civilian population during war, establishing the latter's immunity from hostilities and determining the legal regime of military occupation.

The gross violation of the rights of civilians by fascist Germany during the Great Patriotic War necessitated the development of new, more universal norms aimed at protecting civilians from the consequences of armed conflicts. It is no coincidence that the IV Convention exclusively regulates the protection of civilians in times of war.

However, after the adoption in 1949 of the four Geneva Conventions, armed conflicts in the world did not stop. Over time, the means and methods of warfare have become more perfect and sophisticated. Conflicts have become more frequent, in which the regular armed forces were opposed by armed opposition groups, and civilians were terrorized, intimidated, and also used to achieve various political goals. Such hostilities were accompanied by significant civilian casualties. This situation required updating the existing international legal acts.

At a diplomatic conference in 1977, two additional protocols to the 1949 Geneva Conventions were adopted, which, in particular, significantly improved the methods of protecting civilians.

The obligation of the belligerents, provided for by international norms, to distinguish between those who take a direct part in an armed conflict and those who do not, constitutes the main content of modern international law applicable in times of armed conflict. However, the consolidation of such a duty in itself is not yet a sufficient legal condition for ensuring effective protection of the civilian population without clarifying the legal content of the object of protection, that is, without defining the concepts of “civilian population” and “civilian”.

A rather narrow definition of such concepts is contained in the IV of the Convention, which protects persons who at any time and in any way are in the event of an armed conflict or occupation in the power of a party to the conflict or an occupying power of which they are not citizens. are. The document contains a number of exceptions to the granting of conventional protection. No protection is granted: firstly, to citizens of any state not bound by the provisions of this Convention; secondly, citizens of any neutral state and any other belligerent state as long as the state of which they are citizens has diplomatic relations with the state in whose power they are; thirdly, to persons protected by Conventions I, II and III of 1949, that is, the wounded, sick, shipwrecked, members of the armed forces, and prisoners of war.

Thus, the scope of application of Convention IV is limited to the provision of protection to those civilians who, at some point and under certain circumstances, find themselves in the event of an armed conflict or occupation in the power of another belligerent state.

This restrictive approach existed until 1977. Additional Protocol I to the conventions of August 12, 1949, concerning the protection of victims of international armed conflicts, consolidated several additional and progressive novelties. According to Part 1 of Art. 50 of Protocol I, "a civilian is any person who is not part of the armed forces, militias and volunteer units that have spontaneously formed into armed groups to fight invading enemy forces." In this capacity, such persons are protected by international law. S.A. Egorov rightly notes that civilians have no right to take part in hostilities. Those who violate this prohibition must bear in mind that they are deprived of protection and that force will be used against them.

Protocol I says nothing about members of illegal armed groups during internal armed conflicts. In our opinion, such persons who openly or secretly oppose the legitimate authority cannot be classified as civilians. In this regard, the first sentence of Part 1 of Art. 50 of Protocol I, it is advisable to add the following words: "as well as not belonging to illegal armed groups during the internal armed conflict."

In case of doubt about the status of a person, Protocol I recommends that such person be considered a civilian. We believe this is a rather controversial approach. Of course, the relevant authorities of each state carry out the necessary measures to check specific individuals for their involvement in the commission of illegal actions. It seems that it is important to consolidate this approach in an international document. In this regard, the second sentence of Part 1 of Art. 50 of Protocol I, it is advisable to add the following words: “Where necessary, the competent authorities of the state, in accordance with the procedure established by national law, carry out an examination of persons suspicious of their involvement in the commission of unlawful acts. If the involvement of such persons in the commission of illegal actions is established, they are not considered civilians. "

Protocol I does not contain a definition of civilian population, but indicates that it is composed of those who are civilians. It is emphasized that the presence of individuals among the civilian population who do not qualify as civilians does not deprive that population of its civilian character. It follows from the meaning of this provision that the civilian population may be deprived of the right to defense only if there are members of armed detachments, combat armed units among them.

International law provides for the provision of different levels of protection and certain security regimes to the civilian population, provides both general and special legal protection from the consequences of hostilities. General protection is provided to all civilians regardless of age, political opinion, religious belief, etc.

Speaking about granting special protection, one should agree with V.V. Furkalo, who writes that its provision is associated with the increased vulnerability of certain categories of protected people (children, women) in armed conflicts or is explained by their special role in helping the civilian population and ensuring its survival during hostilities (personnel of medical units).

Until now, only a few studies have been carried out in the field of legal protection of children during armed conflicts, so it is advisable to consider this issue in detail.

The general protection of children is exactly the same as the general protection afforded to all protected persons. In particular, children should not be attacked. In all circumstances, belligerents are prohibited: first, acts of violence or threats with the main purpose of terrorizing the civilian population; secondly, reprisals against civilians; third, the use of civilians to protect certain areas from hostilities.

The provisions of IV of the Convention and two additional protocols of 1977 to the 1949 conventions pursue the goal of observing the principle of humane treatment of people, including respect for life, honor, physical and mental integrity, prohibition of torture, corporal punishment, etc. Moreover, children as part of civilians come under the protection of international law relating to the conduct of war, such as the need to distinguish between civilians and combatants.

The special protection of children in times of armed conflict differs from the guarantees given to others. Despite the fact that the IV Convention contains numerous provisions on the protection of children, the principle on the basis of which children enjoy special protection is not clearly enshrined in it. This gap is filled by Protocol I, which states that children are given special respect and protection from any kind of abuse. The parties to the conflict have the responsibility to provide children with the protection and assistance that is required according to age or for any other reason (medical issues, ethnic and religious relations).

The protection of children in times of non-international armed conflict is defined by Additional Protocol II to the conventions of 12 August 1949, article 4 “Basic guarantees” of which contains a clause dedicated exclusively to children. It stipulates that children are provided with the necessary care and assistance, and lists special measures related to children to protect them.

According to a UNESCO study on children and war, the provisions of international humanitarian law aimed at preserving the integrity of the family in times of armed conflict are of particular importance. “When we examine the nature of the psychological trauma that a child victim of war has suffered, we find that he is not emotionally affected by manifestations of war such as bombing and military operations. The influence of external events on family ties and separation from the usual way of life is what affects the child, and most of all, separation from the mother. "

The 1948 Universal Declaration of Human Rights proclaims that the family is the only and fundamental unit of society and has the right to be protected by society and the state. The International Covenant on Civil and Political Rights of 1966 (Articles 23 and 24) and the International Covenant on Economic, Social and Cultural Rights of 1966 (Article 10) provide for the rules governing the special protection of the child. The provisions of these documents are detailed in the 1949 conventions and additional protocols to them.

IV The Convention contains the norms according to which internees members of the same family should be kept in the same room, separately from other internees. They must be provided with the necessary conditions for a normal family life. Moreover, internees may request that their children without parental care be interned with them. However, this rule may be limited, for example, due to illness of parents or children, execution of a court decision, but these restrictions must be in accordance with national legislation and can be challenged by interested parties in court. Protocols I and II establish the obligation of the belligerents to facilitate family reunification.

A significant legal guarantee afforded to mother and child is enshrined in Protocol I (Art. 76): women enjoy special respect and are protected from various kinds of encroachments (for example, forced prostitution). Cases of arrested, detained or interneed mothers of young children, pregnant women are considered as a matter of priority. The death sentence against them is not carried out. It should also be noted that the provisions of Protocol I concerning arrested, detained or interneed mothers with dependent children require that the mother and child be kept together. Unfortunately, Protocol II does not contain similar norms, which is its significant flaw.

An important place in international law is occupied by the issues of observance of the rights of the child during temporary evacuation during an armed conflict. Evacuation must meet the requirements laid down in Art. 78 Protocol I. Temporary evacuation can be carried out only for urgent reasons related to the health or treatment of children, as well as for safety reasons. The safety of children during an armed conflict should be understood as the state of protection of a child from internal and external threats. When the proper state of protection of children cannot be ensured, the issue of their temporary evacuation is decided. Evacuation requires the mandatory written consent of parents or legal representatives. If their whereabouts are unknown, written consent for evacuation is required from persons who, by law or custom, are primarily responsible for the care of children (they may be the chief doctors of hospitals, sanatoriums, boarding school directors, kindergarten directors, head coaches or administrators of sports camps, and capable relatives who were not the legal representatives of the children during the evacuation). This evacuation is carried out under the supervision of the patronizing power in agreement with the parties concerned. The terms of the temporary evacuation are not fixed in the document, however, within the meaning of the article under consideration, the temporary evacuation should end after the end of hostilities and the restoration of constitutional order. In order to prevent various conflict situations that may arise during the period of evacuation of children, their presence in the territory of another state, return home, these issues should be regulated by the interested parties normatively, i.e., create (define) special bodies responsible for the evacuation and return of children , normatively (at the level of regulation or instruction) define their rights, duties, responsibilities in this area of \u200b\u200bactivity. In order to facilitate the return to the family and the country, a special registration card is created for each child. All cards are sent to the International Committee of the Red Cross (ICRC) Central Reference Agency. If it was not possible to fill out such cards and submit them to the ICRC, then one should be guided by Art. 24 of the IV Convention, which directs states to provide children with identification medallions or use any other means to help establish the identity of children under 12 years of age.

In the event of non-international armed conflicts, Protocol II provides for the evacuation of children from the area of \u200b\u200bhostilities to a safer area within the country. Such work is always associated with the solution of a number of administrative and organizational problems. Children should continue their studies, receive information about the fate of their parents and other information. These tasks can be quickly undertaken by government agencies in close cooperation with ICRC staff with extensive experience in similar work.

An important issue in any war is the participation of children in hostilities, since it is almost impossible to prevent this. In such a crisis situation, children will not only help their struggling parents in everything, but also direct all their efforts to be like them. The age criterion for participation in hostilities is enshrined in two additional protocols, which establish that children under the age of 15 are not subject to recruitment into the armed forces and they are not allowed to take part in hostilities.

Thus, additional protocols establish a complete and absolute prohibition on the participation in hostilities of children under 15 years of age. In our opinion, in general, such a prohibition applies to direct (direct) participation in hostilities with weapons in hand and indirect (indirect) participation in the war, i.e., to conduct reconnaissance of the area, collect and transmit information, provide technical assistance, conduct sabotage activities.

When forming military units from among persons aged 15 to 18 years, Protocol I directs states to prioritize the elderly. If, despite the prohibition contained in paragraph 2 of Art. 77 of Protocol I, children under the age of 15 were enlisted in the armed forces, they are considered combatants and, when captured, have the status of prisoners of war. However, while in captivity, they enjoy special protection under international law. The provisions of Protocol I are addressed to the parties to the conflict, not to children, whose participation in hostilities is not a violation of the law on their part.

A significant step in the development of law in times of armed conflict is the provisions of Convention IV and two Protocols, which clearly enshrine a special age criterion of 18 years - the absolute limit, if not met, the death sentence cannot be imposed, even if there are all other conditions that make such a sentence applicable.

The problem of protecting children during armed conflicts is currently relevant. The events in Chechnya, Yugoslavia, Iraq, Afghanistan, Africa and other areas of armed confrontation have convincingly shown that the most vulnerable and disenfranchised category of persons during the period of hostilities are children. Illness, mental and physical trauma, pain and grief from the loss of parents and loved ones, hunger, poverty, fear, lack of faith in justice accompany the child in such crisis situations.

Numerous provisions of international law establish and develop the principle of special protection for children in armed conflicts. These norms must be strictly observed by the belligerent parties.

Bibliography

1 See: V.Yu. Kalugin, L.V. Pavlova, I.V. Fisenko. International humanitarian law. - Minsk, 1998.S. 149.

2 See: I. Bluntsini Modern international law of civilized peoples, set forth in the form of a code. - M., 1876.S. 39-40.

3 See: Artsibasov I.N., Egorov S.A. Armed conflict: law, politics, diplomacy. - M, 1989.S. 131.

4 See: Artsibasov I.N., Egorov S.A. Decree. op. P. 133.

5 See: Egorov S.A. Armed conflict and international law. - M., 2003.S. 220.

6 See: V.V. Furkalo. International legal protection of civilians in armed conflicts. - K., 1998.S. 76.

7 Cit. Quoted from: D. Planter. Children and War // Child Protection in International Humanitarian Law. - M., 1995.S. 9-10.

8 See: M.T. Dutley. Children and War // Captured Child Combatants. - M., 1995.S. 16.

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V.V. ALESHIN, Ph.D. in Law, Associate Professor History shows that it took hundreds and even thousands of years before mechanisms were formed to protect the civilian population from the cruelties of war. In ancient times, the enemy was viewed as a being deprived of rights, in relation to which any actions were allowed (moreover, the very concept of "enemy" had many meanings). The civilian population was not immune from violence.

This article was copied from the site https: //www.site

V.V. ALESHIN,

candidate of Legal Sciences, Associate Professor

History shows that it took hundreds or even thousands of years before mechanisms were formed to shield civilians from the atrocities of war. In ancient times, the enemy was viewed as a being deprived of rights, in relation to which any actions were allowed (moreover, the very concept of "enemy" had many meanings). The civilian population was not immune from violence. If the winner spared the civilian population of the enemy state, he did it for moral and political reasons, and not for the requirements of law. Scientists of that time considered two basic provisions: first, all subjects of warring states should be considered enemies; second, the vanquished submit to the arbitrariness of the victor.

The inviolability of the civilian population was secured only in 1907 by the Hague Convention on the Laws and Customs of War on Land (hereinafter referred to as the Hague Convention). At present, in addition to this convention, the issues of the protection of civilians are defined by the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 (hereinafter - IV Convention), as well as by additional protocols to the 1949 conventions.

For more than 40 years, the Hague Convention remained the only treaty source of international law related to the protection of civilians, as it contained a number of important provisions distinguishing between the army and the civilian population during war, establishing the latter's immunity from hostilities and determining the legal regime of military occupation.

The gross violation of the rights of civilians by fascist Germany during the Great Patriotic War necessitated the development of new, more universal norms aimed at protecting civilians from the consequences of armed conflicts. It is no coincidence that the IV Convention exclusively regulates the protection of civilians in times of war.

However, after the adoption in 1949 of the four Geneva Conventions, armed conflicts in the world did not stop. Over time, the means and methods of warfare have become more perfect and sophisticated. Conflicts have become more frequent, in which the regular armed forces were opposed by armed opposition groups, and civilians were terrorized, intimidated, and also used to achieve various political goals. Such hostilities were accompanied by significant civilian casualties. This situation required updating the existing international legal acts.

At a diplomatic conference in 1977, two additional protocols to the 1949 Geneva Conventions were adopted, which, in particular, significantly improved the methods of protecting civilians.

The obligation of the belligerents, provided for by international norms, to distinguish between those who take a direct part in an armed conflict and those who do not, constitutes the main content of modern international law applicable in times of armed conflict. However, the consolidation of such a duty in itself is not yet a sufficient legal condition for ensuring effective protection of the civilian population without clarifying the legal content of the object of protection, that is, without defining the concepts of “civilian population” and “civilian”.

A rather narrow definition of such concepts is contained in the IV of the Convention, which protects persons who at any time and in any way are in the event of an armed conflict or occupation in the power of a party to the conflict or an occupying power of which they are not citizens. are. The document contains a number of exceptions to the granting of conventional protection. No protection is granted: firstly, to citizens of any state not bound by the provisions of this Convention; secondly, citizens of any neutral state and any other belligerent state as long as the state of which they are citizens has diplomatic relations with the state in whose power they are; thirdly, to persons protected by Conventions I, II and III of 1949, that is, the wounded, sick, shipwrecked, members of the armed forces, and prisoners of war.

Thus, the scope of application of Convention IV is limited to the provision of protection to those civilians who, at some point and under certain circumstances, find themselves in the event of an armed conflict or occupation in the power of another belligerent state.

This restrictive approach existed until 1977. Additional Protocol I to the conventions of August 12, 1949, concerning the protection of victims of international armed conflicts, consolidated several additional and progressive novelties. According to Part 1 of Art. 50 of Protocol I, "a civilian is any person who is not part of the armed forces, militias and volunteer units that have spontaneously formed into armed groups to fight invading enemy forces." In this capacity, such persons are protected by international law. S.A. Egorov rightly notes that civilians have no right to take part in hostilities. Those who violate this prohibition must bear in mind that they are deprived of protection and that force will be used against them.

Protocol I says nothing about members of illegal armed groups during internal armed conflicts. In our opinion, such persons who openly or secretly oppose the legitimate authority cannot be classified as civilians. In this regard, the first sentence of Part 1 of Art. 50 of Protocol I, it is advisable to add the following words: "as well as not belonging to illegal armed groups during the internal armed conflict."

In case of doubt about the status of a person, Protocol I recommends that such person be considered a civilian. We believe this is a rather controversial approach. Of course, the relevant authorities of each state carry out the necessary measures to check specific individuals for their involvement in the commission of illegal actions. It seems that it is important to consolidate this approach in an international document. In this regard, the second sentence of Part 1 of Art. 50 of Protocol I, it is advisable to add the following words: “Where necessary, the competent authorities of the state, in accordance with the procedure established by national law, carry out an examination of persons suspicious of their involvement in the commission of unlawful acts. If the involvement of such persons in the commission of illegal actions is established, they are not considered civilians. "

Protocol I does not contain a definition of civilian population, but indicates that it is composed of those who are civilians. It is emphasized that the presence of individuals among the civilian population who do not qualify as civilians does not deprive that population of its civilian character. It follows from the meaning of this provision that the civilian population may be deprived of the right to defense only if there are members of armed detachments, combat armed units among them.

International law provides for the provision of different levels of protection and certain security regimes to the civilian population, provides both general and special legal protection from the consequences of hostilities. General protection is provided to all civilians regardless of age, political opinion, religious belief, etc.

Speaking about granting special protection, one should agree with V.V. Furkalo, who writes that its provision is associated with the increased vulnerability of certain categories of protected people (children, women) in armed conflicts or is explained by their special role in helping the civilian population and ensuring its survival during hostilities (personnel of medical units).

Until now, only a few studies have been carried out in the field of legal protection of children during armed conflicts, so it is advisable to consider this issue in detail.

The general protection of children is exactly the same as the general protection afforded to all protected persons. In particular, children should not be attacked. In all circumstances, belligerents are prohibited: first, acts of violence or threats with the main purpose of terrorizing the civilian population; secondly, reprisals against civilians; third, the use of civilians to protect certain areas from hostilities.

The provisions of IV of the Convention and two additional protocols of 1977 to the 1949 conventions pursue the goal of observing the principle of humane treatment of people, including respect for life, honor, physical and mental integrity, prohibition of torture, corporal punishment, etc. Moreover, children as part of civilians come under the protection of international law relating to the conduct of war, such as the need to distinguish between civilians and combatants.

The special protection of children in times of armed conflict differs from the guarantees given to others. Despite the fact that the IV Convention contains numerous provisions on the protection of children, the principle on the basis of which children enjoy special protection is not clearly enshrined in it. This gap is filled by Protocol I, which states that children are given special respect and protection from any kind of abuse. The parties to the conflict have the responsibility to provide children with the protection and assistance that is required according to age or for any other reason (medical issues, ethnic and religious relations).

The protection of children in times of non-international armed conflict is defined by Additional Protocol II to the conventions of 12 August 1949, article 4 “Basic guarantees” of which contains a clause dedicated exclusively to children. It stipulates that children are provided with the necessary care and assistance, and lists special measures related to children to protect them.

According to a UNESCO study on children and war, the provisions of international humanitarian law aimed at preserving the integrity of the family in times of armed conflict are of particular importance. “When we examine the nature of the psychological trauma that a child victim of war has suffered, we find that he is not emotionally affected by manifestations of war such as bombing and military operations. The influence of external events on family ties and separation from the usual way of life is what affects the child, and most of all, separation from the mother. "

The 1948 Universal Declaration of Human Rights proclaims that the family is the only and fundamental unit of society and has the right to be protected by society and the state. The International Covenant on Civil and Political Rights of 1966 (Articles 23 and 24) and the International Covenant on Economic, Social and Cultural Rights of 1966 (Article 10) provide for the rules governing the special protection of the child. The provisions of these documents are detailed in the 1949 conventions and additional protocols to them.

IV The Convention contains the norms according to which internees members of the same family should be kept in the same room, separately from other internees. They must be provided with the necessary conditions for a normal family life. Moreover, internees may request that their children without parental care be interned with them. However, this rule may be limited, for example, due to illness of parents or children, execution of a court decision, but these restrictions must be in accordance with national legislation and can be challenged by interested parties in court. Protocols I and II establish the obligation of the belligerents to facilitate family reunification.

A significant legal guarantee afforded to mother and child is enshrined in Protocol I (Art. 76): women enjoy special respect and are protected from various kinds of encroachments (for example, forced prostitution). Cases of arrested, detained or interneed mothers of young children, pregnant women are considered as a matter of priority. The death sentence against them is not carried out. It should also be noted that the provisions of Protocol I concerning arrested, detained or interneed mothers with dependent children require that the mother and child be kept together. Unfortunately, Protocol II does not contain similar norms, which is its significant flaw.

An important place in international law is occupied by the issues of observance of the rights of the child during temporary evacuation during an armed conflict. Evacuation must meet the requirements laid down in Art. 78 Protocol I. Temporary evacuation can be carried out only for urgent reasons related to the health or treatment of children, as well as for safety reasons. The safety of children during an armed conflict should be understood as the state of protection of a child from internal and external threats. When the proper state of protection of children cannot be ensured, the issue of their temporary evacuation is decided. Evacuation requires the mandatory written consent of parents or legal representatives. If their whereabouts are unknown, written consent for evacuation is required from persons who, by law or custom, are primarily responsible for the care of children (they may be the chief doctors of hospitals, sanatoriums, boarding school directors, kindergarten directors, head coaches or administrators of sports camps, and capable relatives who were not the legal representatives of the children during the evacuation). This evacuation is carried out under the supervision of the patronizing power in agreement with the parties concerned. The terms of the temporary evacuation are not fixed in the document, however, within the meaning of the article under consideration, the temporary evacuation should end after the end of hostilities and the restoration of constitutional order. In order to prevent various conflict situations that may arise during the period of evacuation of children, their presence in the territory of another state, return home, these issues should be regulated by the interested parties normatively, i.e., create (define) special bodies responsible for the evacuation and return of children , normatively (at the level of regulation or instruction) define their rights, duties, responsibilities in this area of \u200b\u200bactivity. In order to facilitate the return to the family and the country, a special registration card is created for each child. All cards are sent to the International Committee of the Red Cross (ICRC) Central Reference Agency. If it was not possible to fill out such cards and submit them to the ICRC, then one should be guided by Art. 24 of the IV Convention, which directs states to provide children with identification medallions or use any other means to help establish the identity of children under 12 years of age.

In the event of non-international armed conflicts, Protocol II provides for the evacuation of children from the area of \u200b\u200bhostilities to a safer area within the country. Such work is always associated with the solution of a number of administrative and organizational problems. Children should continue their studies, receive information about the fate of their parents and other information. These tasks can be quickly undertaken by government agencies in close cooperation with ICRC staff with extensive experience in similar work.

An important issue in any war is the participation of children in hostilities, since it is almost impossible to prevent this. In such a crisis situation, children will not only help their struggling parents in everything, but also direct all their efforts to be like them. The age criterion for participation in hostilities is enshrined in two additional protocols, which establish that children under the age of 15 are not subject to recruitment into the armed forces and they are not allowed to take part in hostilities.

Thus, additional protocols establish a complete and absolute prohibition on the participation in hostilities of children under 15 years of age. In our opinion, in general, such a prohibition applies to direct (direct) participation in hostilities with weapons in hand and indirect (indirect) participation in the war, i.e., to conduct reconnaissance of the area, collect and transmit information, provide technical assistance, conduct sabotage activities.

When forming military units from among persons aged 15 to 18 years, Protocol I directs states to prioritize the elderly. If, despite the prohibition contained in paragraph 2 of Art. 77 of Protocol I, children under the age of 15 were enlisted in the armed forces, they are considered combatants and, when captured, have the status of prisoners of war. However, while in captivity, they enjoy special protection under international law. The provisions of Protocol I are addressed to the parties to the conflict, not to children, whose participation in hostilities is not a violation of the law on their part.

A significant step in the development of law in times of armed conflict is the provisions of Convention IV and two Protocols, which clearly enshrine a special age criterion of 18 years - the absolute limit, if not met, the death sentence cannot be imposed, even if there are all other conditions that make such a sentence applicable.

The problem of protecting children during armed conflicts is currently relevant. The events in Chechnya, Yugoslavia, Iraq, Afghanistan, Africa and other areas of armed confrontation have convincingly shown that the most vulnerable and disenfranchised category of persons during the period of hostilities are children. Illness, mental and physical trauma, pain and grief from the loss of parents and loved ones, hunger, poverty, fear, lack of faith in justice accompany the child in such crisis situations.

Numerous provisions of international law establish and develop the principle of special protection for children in armed conflicts. These norms must be strictly observed by the belligerent parties.

Bibliography

1 See: V.Yu. Kalugin, L.V. Pavlova, I.V. Fisenko. International humanitarian law. - Minsk, 1998.S. 149.

2 See: I. Bluntsini Modern international law of civilized peoples, set forth in the form of a code. - M., 1876.S. 39-40.

3 See: Artsibasov I.N., Egorov S.A. Armed conflict: law, politics, diplomacy. - M, 1989.S. 131.

4 See: Artsibasov I.N., Egorov S.A. Decree. op. P. 133.

5 See: Egorov S.A. Armed conflict and international law. - M., 2003.S. 220.

6 See: V.V. Furkalo. International legal protection of civilians in armed conflicts. - K., 1998.S. 76.

7 Cit. Quoted from: D. Planter. Children and War // Child Protection in International Humanitarian Law. - M., 1995.S. 9-10.

8 See: M.T. Dutley. Children and War // Captured Child Combatants. - M., 1995.S. 16.

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