The concept of “war” consists of a complex picture of conflicts that spread far beyond the battlefield, involving the civilian population and often spilling over into the internal territories of states. In this complex and painful situation, humanitarian law serves as a key mechanism to protect the most vulnerable: civilians and those who put themselves at risk by helping them.
The task of humanitarian law is not conflict prevention – it is the domain of diplomacy. Its mission is instead to minimize human suffering when conflicts do occur. It provides a legal framework that aims to protect and preserve human dignity even in critical situations, as well as to prosecute violations.
In this article, an expert in the field of international law Konstantin Kryvopust will focus on how humanitarian law protects the life and dignity of civilians. It will describe the most important rights and responsibilities of the warring parties in relation to the population, as well as the main risks it faces.
Worth knowing: You may wonder why the provisions of humanitarian law are couched in such general terms. This is explained by the fact that, like international conventions, its norms should be flexible, so that they can be effectively applied in different legal and social contexts. Each state interprets and applies them individually to achieve a common humanitarian goal.
Sources of humanitarian law
The most famous definition of humanitarian law was given by the International Committee of the Red Cross. One of the most important humanitarian figures in the world defined it as follows:
International norms established by international agreements or international custom, the specific purpose of which is to solve humanitarian problems arising directly from international or non-international armed conflicts […]protect persons and property that have suffered or may suffer from the consequences of an armed conflict.
Humanitarian provisions may arise from bilateral or multilateral agreements between states. To date, however, most provisions of humanitarian law in Europe can be found in such legal acts:
There are no specific punishments for the described crimes in the considered legal documents. Therefore, the countries that sign the agreements must determine the appropriate sanctions themselves. In Poland, for example, the Criminal Code defines punishments for crimes against peace and humanity, as well as for war crimes.
Legislation on the protection of the civilian population
Humanitarian law provides for two situations where civilians have the right to protection:
- When the population may suffer from an attack as a result of direct action
This means that attackers must recognize who is a civilian and who is not. Strikes can only be made against military facilities, such as command headquarters, but not against civilian facilities, such as hospitals or kindergartens. During military operations, the parties are obliged to minimize accidental casualties among the civilian population. Even if the objective is military, the rules for the protection of those not taking part in the conflict apply. Humanitarian law prohibits indiscriminate action and requires attackers to warn civilians in the area of a planned attack.
- When the population falls under the control of the enemy, for example, as a result of occupation
Protection of life and health is guaranteed to civilians at the legislative level. Therefore, any encroachment on their life and well-being, such as murder or torture, is strictly prohibited. Nor can they be deported or transferred from the occupied territory to the occupying country or another state. Evacuation is allowed only within one area and only for safety reasons.
Civilians have the right to contact their families and search for their loved ones, and these actions should not be hindered. They also have the right to receive shipments of medicines, hygiene products, religious items and basic necessities.
Special protection of women and children
International humanitarian law provides additional protection to particularly vulnerable groups of the civilian population, such as women and children. For women, it provides special protection against forms of violence, including rape and forced prostitution. Women detained during the conflict should be housed separately from men and be supervised by women. Pregnant women or women caring for young children are also entitled to special treatment.
In some regions, such as Pakistan and Afghanistan, women who experience sexual violence may additionally be subjected to the tragic practice of so-called “honor killings” or “cleansing of family honor.” As the Special Rapporteur on extrajudicial, arbitrary and summary executions, Philip Alston, noted, monitoring of such cases remains, unfortunately, insufficient. Not only in these countries, but all over the world, women who are victims of sexual violence can also suffer dire consequences. This may include, but is not limited to: serious threats to their life and health, including injuries or sexually transmitted diseases, sexual slavery or death caused by a criminal.
Source: Ya. Dobrovolska-Polak, People in the shadow of war. Civilian population during modern armed conflicts, Western Institute2017, p. 127-129.
Children also have the right to special protection during conflicts. The parties are obliged not to involve persons under the age of 15 in hostilities. If children do become involved in the conflict, they are entitled to additional protection, even if they are not formally considered prisoners of war.
If children are detained, it is recommended that they be placed in a separate, safe environment, preferably with siblings or parents, and not with adults unrelated to the family. Relocation of children to other countries should be a last resort and considered only when absolutely necessary for their safety or health. In an evacuation situation, the primary task is to ensure the continuation of education and the issuance of identity cards, which, in addition to basic data and photos, also contain medical and contact information for the next of kin.
The state that controls the territory in which children live has an ethical and legal obligation to establish, secure and protect their identity. Adopting such children without the consent of the family or involving them in any activity by the occupier is unacceptable. In situations where children are orphaned or separated from their parents, the best solution would be for them to be cared for by people from the community who speak their language and share the same culture or religious beliefs.
According to the UN Secretary-General’s* 2005 report on children in armed conflict, the youngest are particularly vulnerable to six major threats. They include:
- risk of death or injury,
- recruitment of children into the military,
- attacks on schools and hospitals,
- experience of sexual violence, including rape,
- risk of kidnapping,
- limiting access to humanitarian aid.
