Introduction
The Law of Armed Conflict (LOAC), also known as International Humanitarian Law (IHL), is a set of rules that applies during armed conflict. Its main purpose is to limit the effects of warfare by protecting people who are not taking part, or are no longer taking part, in hostilities and by restricting the means and methods of warfare.
The protection of civilians is one of the most important parts of the Law of Armed Conflict. Civilians often face death, injury, displacement, loss of property and lack of access to essential services during war. International humanitarian law therefore places clear limits on how military operations may be conducted and requires parties to an armed conflict to respect civilians and civilian objects.
What Is the Law of Armed Conflict?
The Law of Armed Conflict regulates the conduct of parties during armed conflicts. It is primarily based on treaty law, including the Geneva Conventions of 1949 and their Additional Protocols, as well as customary international humanitarian law.
LOAC does not determine whether a State was legally entitled to start or use armed force. Instead, it regulates conduct once an armed conflict exists. Its rules apply to matters such as the treatment of persons, targeting, protection of civilians and restrictions on certain methods and means of warfare.
How Does the Law of Armed Conflict Protect Civilians?
International humanitarian law provides several important protections to civilians. Parties to an armed conflict must distinguish civilians from lawful military targets and take measures to reduce civilian harm.
Three important principles governing the conduct of hostilities are distinction, proportionality and precautions in attack.
1. Principle of Distinction
The principle of distinction requires parties to an armed conflict to distinguish at all times between civilians and combatants and between civilian objects and military objectives.
Attacks must be directed only against lawful military objectives. Civilians and civilian objects must not be made the object of attack. However, civilians lose protection against direct attack for such time as they directly participate in hostilities.
The principle of distinction is reflected in Article 48 of Additional Protocol I to the Geneva Conventions and is also recognised under customary international humanitarian law.
2. Principle of Proportionality
Even when an attack is directed against a lawful military objective, the principle of proportionality must be followed.
An attack is prohibited when the expected incidental loss of civilian life, injury to civilians or damage to civilian objects would be excessive in relation to the concrete and direct military advantage anticipated.
Proportionality therefore does not mean that every attack causing civilian harm is automatically unlawful. The legal question concerns whether the expected incidental civilian harm would be excessive in relation to the anticipated military advantage.
3. Principle of Precautions
Parties to an armed conflict must take feasible precautions to avoid and, in any event, minimize civilian deaths, injuries and damage to civilian objects.
This may include verifying that a target is a military objective, selecting appropriate means and methods of attack, assessing expected civilian harm and giving effective advance warnings where required by the circumstances.
An attack must also be cancelled or suspended where it becomes apparent that the target is not a lawful military objective or that the attack would violate the rule of proportionality.
Protection of Civilian Objects During Armed Conflict
LOAC protects not only civilians but also civilian objects. Objects that do not qualify as military objectives generally cannot lawfully be attacked.
Certain objects may receive specific or enhanced protection under international humanitarian law. These can include medical facilities, cultural property, places of worship, objects indispensable to the survival of the civilian population and certain installations containing dangerous forces.
The protection available in a particular situation depends on the applicable legal rules and the circumstances of the conflict.
Indiscriminate Attacks and Restrictions on Weapons
International humanitarian law prohibits indiscriminate attacks. Parties cannot use a method or means of combat that cannot be directed at a specific military objective or whose effects cannot be limited as required by international humanitarian law.
International law also regulates or prohibits particular categories of weapons through specific treaties and customary rules.
For example, the 1997 Anti-Personnel Mine Ban Convention prohibits the use, stockpiling, production and transfer of anti-personnel mines for States Parties. The 2008 Convention on Cluster Munitions similarly establishes prohibitions concerning cluster munitions for its States Parties.
Regardless of the particular weapon used, the applicable rules governing distinction, proportionality and precautions must be respected.
Protection of Hospitals and Medical Services
Medical units, hospitals, medical personnel and medical transports receive special protection under international humanitarian law.
Parties to a conflict must respect and protect medical services. Hospitals and other protected medical facilities must not be intentionally attacked when they are entitled to protection under IHL.
The legal rules governing medical facilities are particularly important because attacks affecting healthcare can place both patients and the wider civilian population at serious risk.
Role of International Organizations in Protecting Civilians
International organizations and institutions play an important role in promoting compliance with international humanitarian law and protecting people affected by armed conflict.
International Committee of the Red Cross
The International Committee of the Red Cross (ICRC) has a special role under international humanitarian law. As a neutral and independent humanitarian organization, it assists people affected by armed conflict, visits certain detainees, promotes knowledge of IHL and engages confidentially with parties to conflicts on compliance with humanitarian rules.
United Nations
The United Nations also plays an important role in civilian protection. Depending on the circumstances and applicable mandates, UN bodies may address threats to international peace and security, establish or support peacekeeping operations, impose sanctions and promote measures aimed at protecting civilians.
Some UN peacekeeping missions have specific mandates relating to the protection of civilians.
International Criminal Court
The International Criminal Court can exercise jurisdiction over certain international crimes where the legal requirements for its jurisdiction are satisfied.
Under the Rome Statute, certain serious violations committed during armed conflict may constitute war crimes. These include, in applicable circumstances, intentionally directing attacks against civilian populations or individual civilians not taking direct part in hostilities.
Challenges in Protecting Civilians During Armed Conflict
Despite detailed international rules, protecting civilians during modern armed conflicts remains difficult.
Urban Warfare
Modern conflicts frequently take place in cities and other densely populated areas where civilians and military objectives may be located close to each other. This increases the risk of civilian casualties and damage to civilian infrastructure.
Non-State Armed Groups
Many contemporary armed conflicts involve non-state armed groups. Their presence and operations among civilian populations can create serious practical difficulties in identifying lawful military targets. Nevertheless, applicable IHL rules must still be respected.
Lack of Compliance
One of the biggest challenges is not simply the absence of legal rules but failure to comply with existing rules. Civilians may suffer from unlawful attacks, displacement, hostage-taking, sexual violence and destruction of essential infrastructure.
Accountability for Violations
Accountability for serious violations can be difficult because jurisdiction, evidence, access to conflict areas and political circumstances may affect investigations and prosecutions.
States have important responsibilities concerning compliance with international humanitarian law, while international and domestic mechanisms may also contribute to accountability depending on their jurisdiction.
Are Attacks on Civilians War Crimes?
Intentionally directing attacks against civilians who are not taking direct part in hostilities can constitute a war crime under international criminal law when the applicable legal requirements are met.
The Rome Statute of the International Criminal Court identifies a range of serious violations of the laws and customs applicable in armed conflict as war crimes.
However, whether conduct amounts to a particular international crime depends on the facts, the nature of the armed conflict, the applicable law and the jurisdiction of the relevant court.
Why Is Civilian Protection Important in International Humanitarian Law?
Civilian protection is central to international humanitarian law because the existence of an armed conflict does not remove all legal limits on warfare.
The rules of distinction, proportionality and precautions seek to reduce civilian suffering while regulating the conduct of military operations. Protection of civilians also extends beyond targeting rules to areas such as humane treatment, detention, medical care and humanitarian relief.
Conclusion
The Law of Armed Conflict plays an essential role in protecting civilians during war. It establishes clear rules on how hostilities may be conducted and places limits on attacks, weapons and methods of warfare.
The principles of distinction, proportionality and precautions are central to reducing civilian harm. International humanitarian law also provides protection for civilian objects, medical services and other specially protected persons and objects.
However, the effectiveness of these rules ultimately depends on compliance and enforcement. Stronger respect for international humanitarian law, effective accountability and continued humanitarian action remain important for protecting civilians during armed conflict.
