Practice Relating to Rule 87. Humane Treatment
Section B. Civilians
Geneva Convention IV
Article 5 of the 1949 Geneva Convention IV provides that an individual protected person suspected of or engaged in activities hostile to the security of the State in the territory of a Party to the conflict or an individual protected person detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, “shall nevertheless be treated with humanity”.
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 5.
Geneva Convention IV
Article 27, first paragraph, of the 1949 Geneva Convention IV provides that protected persons “shall at all times be humanely treated”.
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 27, first para.
Protocol to the Agreement on Ending the War and Restoring Peace in Viet-Nam
Article 8(b) of the 1973 Protocol to the Agreement on Ending the War and Restoring Peace in Viet-Nam provides: “All Vietnamese civilian personnel captured and detained in South Vietnam shall be treated humanely at all times, and in accordance with international practice.”
Protocol on Ending the War and Restoring Peace in Viet-Nam concerning the Return of Captured Military Personnel and Foreign Civilians and Captured and Detained Vietnamese Personnel, signed on behalf of the United States of America, the Republic of Viet-Nam, the Democratic Republic of Viet-Nam, and the Provisional Revolutionary Government of South Viet-Nam, Paris, 27 January 1973, Article 8(b).
Lieber Code
Article 22 of the 1863 Lieber Code provides: “The unarmed citizen is to be spared in person, property, and honor as much as the exigencies of war will admit.”
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 22.
Oxford Manual
Article 7 of the 1880 Oxford Manual provides: “It is forbidden to maltreat inoffensive populations.”
The Laws of War on Land, adopted by the Institute of International Law, Oxford, 9 September 1880, Article 7.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 75(1) of the 1977 Additional Protocol I.
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that all civilians be treated in accordance with Article 75(1) of the 1977 Additional Protocol I.
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.
N’Djamena Humanitarian Ceasefire Agreement
Article 2 of the 2004 N’Djamena Humanitarian Ceasefire Agreement provides that each party shall “[r]efrain from any act of violence or any other abuse on civilian populations”.
Humanitarian Ceasefire Agreement on the Conflict in Darfur, signed by the Government of Sudan, the Sudan Liberation Movement/Army, the Sudanese Justice and Equality Movement, the African Union and the Chadian Mediation, N’Djamena, 8 April 2004, Article 2.
Argentina
Argentina’s Law of War Manual (1969) provides that persons not entitled to claim rights and benefits under the 1949 Geneva Convention IV “shall always be treated with humanity”.
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 4.003.
Argentina
Argentina’s Law of War Manual (1989) states: “When … people in the power of a party to the conflict … do not benefit from a better protection than the one provided by the Conventions and the Protocol, they shall be treated … with humanity.”
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 4.15.
Australia
Australia’s Commanders’ Guide (1994) provides that civilians “are to be treated with compassion and respect”.
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 603.
Australia
Australia’s Defence Force Manual (1994) stipulates that the inhabitants of an occupied territory “must be humanely treated at all times and be especially safeguarded against all acts of violence or threats of violence and against insults and public curiosity”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1218.
Australia
Australia’s LOAC Manual (2006) stipulates that the inhabitants of an occupied territory “must be humanely treated at all times and be especially safeguarded against all acts of violence or threats of violence and against insults and public curiosity”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 12.36.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) states that, in internal armed conflicts, the following must be respected: “humanitarian treatment of persons who do not take a direct part in hostilities, including members of the armed forces who have laid down their arms and persons placed hors de combat”. It also provides: “The population in occupied territory must be treated with humanity.”
Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 17 and Chapter IX, § 2.
Benin
Benin’s Military Manual (1995) provides that the soldier must treat civilians humanely.
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule I, p. 16, Fascicule II, p. 19 and Fascicule III, p. 5.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states: “Civilians … must be treated with humanity ([including a] prohibition of ill-treatment [and] acts of vengeance …)”.
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 55.
Cameroon
Cameroon’s Instructor’s Manual (1992) instructs the soldier to treat civilian persons in his or her power humanely.
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, § 532.
Cameroon
Cameroon’s Instructor’s Manual (2006), under the heading “Rules for Conduct in Combat”, states: “Civilians: respect them; … treat them humanely if they are in your power … protect them from ill-treatment [and] acts of vengeance.”
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 31; see also pp. 51, 77, 107 and 323.
The manual also states under the heading “Responsibility for Acts or Omissions of Which Subordinates Are Accused” that a commander may be held responsible for any “inhuman treatment” or “unjustified brutalities against civilian populations” committed by his subordinates.
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 99, § 36; see also p. 141, § 421.
Canada
Canada’s LOAC Manual (1999) states that, in occupied territories, “protected persons must be treated humanely at all times”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 12-4, § 37.
With regard to non-international armed conflict, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions. Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-2, § 10(a).
Canada
Canada’s Code of Conduct (2001) instructs: “Treat all civilians humanely.” It explains: “In your daily interaction with the civilian population, they must at all times be humanely treated.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 4, § 2.
It also provides a list of 11 fundamental rules, among which is “treat all civilians humanely”. Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Chapter 3, § 4.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power, and, more specifically, in a section entitled “Provisions common to the territories of the parties to the conflict and to occupied territories”:
The person, honour, family rights, religious conventions and practices, and manners and customs of protected persons must in all circumstances be respected.
They must be humanely treated and protected against all acts or threats of violence, and against insults and public curiosity.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1118.
In the same chapter, in a section entitled “Additional Protocol I”, the manual also states:
[Additional Protocol I] provides that all persons in the power of a party to the conflict are entitled to at least a minimum of humane treatment without adverse discrimination on grounds of race, gender, language, religion, political discrimination or similar criteria.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1135.1.
In its chapter on rights and duties of occupying powers, the manual further states in a paragraph dealing with the rights of inhabitants of occupied territory: “Protected persons must be humanely treated at all times and they must be especially safeguarded against all acts of violence or threats of violence and against insults and public curiosity.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1222.2.
In its chapter on non-international armed conflicts, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
By Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply, as a minimum, the following provisions:
a. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, gender, birth or wealth, or any other similar criteria.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1708.1.
Canada
Rule 4 of Canada’s Code of Conduct (2005) instructs Canadian Forces (CF) personnel: “Treat all civilians humanely and respect civilian property.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 4.
The Code of Conduct further explains:
1. Rule # 4 deals with the protection of civilians in the theatre of operations … As mentioned, civilians who do not take part in hostilities must not be targeted. They should also be respected and treated humanely in all circumstances … In general, civilians should be treated the way you would like you and your family to be treated in the same circumstances.
Standard of treatment
2. Military operations in foreign lands expose CF personnel to civilian populations that differ markedly from our own. However different or unusual a foreign land may appear, these civilians are in all circumstances entitled to respect for their persons and property, their honour, their family rights, their religious convictions and practices, and their manners and customs. In your daily interaction with the civilian population, they must at all times be humanely treated and shall not be subjected to acts of violence, threats, or insults. Women and children in particular must not be subjected to rape, enforced prostitution, and any form of indecent assault. All civilians, subject to favourable considerations based on sex, health or age, must be treated with the same consideration and without any adverse distinction based in particular on race, religion or political opinion.
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 4, §§ 1–2.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 1 (Basic and team leader instruction): “Soldiers must: … respect … [civilians]; … treat civilians in their power humanely”.
Central African Republic, Le Droit de la Guerre, Fascicule No. 1: Formation élémentaire toutes armés (FETA), formation commune de base (FCB), certificat d’aptitude technique No. 1 (Chef d’équipe), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter III, Section III; see also Le Droit de la Guerre, Fascicule No. 2: Formation pour l’obtention du certificat technique No. 2 (Chef de Groupe), du certificat Inter-Armé (CIA), du certificat d’aptitude de Chef de Patrouille (CACP), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter V, Section II, § 6; see also Le Droit de la Guerre, Fascicule No. 3: Formation pour l’obtention du Brevet d’Armes No. 1, du Brevet d’Armes No. 2 et le stage d’Officier de Police Judiciaire (OPJ), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Section II, § 2.3.
In Volume 2 (Instruction for group and patrol leaders), the manual states that “civilians who are under the authority of the adverse party are entitled to respect for their lives, dignity, [and] personal rights”.
Central African Republic, Le Droit de la Guerre, Fascicule No. 2: Formation pour l’obtention du certificat technique No. 2 (Chef de Groupe), du certificat Inter-Armé (CIA), du certificat d’aptitude de Chef de Patrouille (CACP), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Fundamental Rules, § 4.
In Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police), the manual states: “All [civilian] persons must be treated humanely under all circumstances. The person, honour, … of all persons must be respected.”
Central African Republic, Le Droit de la Guerre, Fascicule No. 3: Formation pour l’obtention du Brevet d’Armes No. 1, du Brevet d’Armes No. 2 et le stage d’Officier de Police Judiciaire (OPJ), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Section I.
Central African Republic
The Central African Republic’s Disciplinary Regulations (2009) states: “During combat, it is also prohibited for servicemen to … commit violence to life and person … of civilians”.
Central African Republic, Décret 09.411 portant règlement de discipline générale dans les Armées, Ministre de la Défense Nationale, des Anciens Combattants, des Victimes de Guerre, du Désarmement et de la Restructuration de l’Armée, 10 December 2009, Article 12(11).
Chad
Chad’s Instructor’s Manual (2006) requires soldiers to “give humane treatment to all civilians … in your power”.
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 26; see also p. 47.
The manual also prohibits “unjustified brutal treatment of the population”.
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 70.
Colombia
Colombia’s Soldiers’ Manual (1999) and Instructors’ Manual (1999) provide that civilians must be treated humanely.
Colombia, Derechos Humanos & Derecho Internacional Humanitario – Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, pp. 8 and 10; Derechos Humanos & Derecho Internacional Humanitario – Manual de Instrucción de la Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 8.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in book I (basic instruction):
I.1 Basic rules
…
[Basic Rule No. 6]:
Treat humanely all civilian persons and all enemies who are in your power.
…
[Observation]:
- Every person
…
- must respect the life and dignity of others.
…
I.2 Specific rules
…
Civilians
…
11. Treat humanely those in your power.
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 21, 22, 23 and 26; see also Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 16; Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 39; Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 65.
Croatia
Croatia’s Commanders’ Manual (1992) provides that civilians must be respected and treated humanely.
Croatia, Basic Rules of the Law of Armed Conflicts – Commanders’ Manual, Republic of Croatia, Ministry of Defence, 1992, Rule No. 15.
Croatia
Croatia’s Instructions on Basic Rules of IHL (1993) requires soldiers to treat captured civilians with humanity.
Croatia, Instructions “Basic Rules of International Humanitarian Law Applicable in Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1993, Instruction No. 5.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states with respect to civilians: “[T]reat humanely those who are in your power.”
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 7.
France
France’s LOAC Manual (2001) incorporates the content of Article 5 of the 1949 Geneva Convention IV.
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 64.
Germany
Germany’s Military Manual (1992) provides that civilians not benefiting from the protection of the 1949 Geneva Conventions and their 1977 Additional Protocols shall be treated humanely.
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 518.
Guinea
Guinea’s Soldier’s Manual (2010), under the heading “Civilians”, states:
1. Respect them.
2. Treat those in your power humanely.
3. Protect them against ill-treatment.
Guinea, Soldier’s Manual, Ministry of National Defence, 2010, pp. 9–10; see also p. 15.
Guinea
Guinea’s Code of Conduct (2011) states: “Defence forces owe respect, protection and assistance to all civilian populations, in particular to vulnerable groups and persons, especially in times of armed conflict.”
Guinea, Code de Conduite des Forces de Défense (Code of Conduct of the Defence Forces), 2011, Ministère de la Défense Nationale, approved by Presidential Decree No. D. 289/PRG/SGG/2011, 28 November 2011, Article 22.
Guinea
Guinea’s Code of Conduct (2014) states: “Defence forces owe respect, protection and assistance to all civilian populations, in particular to vulnerable groups and persons, especially in times of armed conflict.”
Guinea, Code de Conduite des Forces de Défense (Code of Conduct of the Defence Forces), 2014, Ministère de la Défense Nationale, 28 November 2011, Article 22.
Ireland
Ireland’s Basic LOAC Guide (2005) states: “Civilians are always entitled to respect for their persons, honour, family rights, religious convictions and practices, and their manners and customs. They must always be treated humanely and protected from acts of violence.”
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 10.
The manual also provides a list of “Soldiers Rules”, one of which is: “Treat all civilians humanely.”
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 13.
Italy
Italy’s IHL Manual (1991) provides that, in occupied territories, civilians shall be treated with humanity in all circumstances.
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 41(a).
Italy
Italy’s LOAC Elementary Rules Manual (1991) provides that civilians must be treated humanely. It also provides: “The occupying Power must treat the inhabitants humanely.”
Italy, Regole elementari di diritto di guerra, SMD-G-012, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, §§ 15 and 104 and p. 29.
Madagascar
Madagascar’s Military Manual (1994) instructs the armed forces to “treat humanely civilians who are in your power”.
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, p. 82, Rule 23 and p. 85, Rule 6.
Mexico
Mexico’s Army and Air Force Manual (2009) states: “According to the provisions of these [1949 Geneva] Conventions, non-combatants … must be respected and protected by the party in whose power they are”.
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 73.
New Zealand
New Zealand’s Military Manual (1992) provides that “protected persons must be humanely treated” in both international and non-international armed conflicts.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1114 and 1321(2).
Nigeria
Nigeria’s Operational Code of Conduct (1967) provides: “Male civilians hostile to the Federal Forces are to be dealt with firmly but fairly. They must be humanely treated.”
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(j).
Nigeria
Nigeria’s Military Manual (1994) provides: “Civilians shall … be treated humanely.”
Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 39, § 5(k).
Peru
Peru’s IHL Manual (2004) states:
… [C]ivilians affected by armed conflict … must be treated humanely in all circumstances.
[Civilians] … are protected under international humanitarian law. Medical personnel assigned to provide assistance to them must, in all circumstances, treat them humanely, as best they can and in accordance with the dictates of their conscience.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 83.a.
Peru
Peru’s IHL and Human Rights Manual (2010) states: “Civilians … must be respected and treated humanely.”
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 15, p. 419.
The manual also states:
[T]he civilian population affected by the armed conflict and all those placed hors de combat or taking no direct part in the conflict must be treated humanely in all circumstances.
All these categories of people are protected under international humanitarian law. Medical personnel assigned to provide assistance to them must, in all circumstances, treat them humanely, as best as they can and in accordance with the dictates of their conscience.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 74(a), pp. 271–272.
Philippines
The Soldier’s Rules of the Philippines (1989) instructs soldiers to “treat all civilians … in your power with humanity”.
Philippines, Soldier’s Rules, in Handbook on Discipline, Annex C(I), General Headquarters, Armed Forces of the Philippines, Camp General Emilio Aguinaldo, Quezon City, 1989, § 6.
Poland
Poland’s Code of Honour of the Professional Soldier (2008), in the section entitled “A Professional Soldier in a Combat Situation”, states: “In his dealings with … [the] civilian population, he is guided by humanitarian principles and respect for the values of human life.”
Poland, Obwieszczenie Ministra Obrony Narodowej z dnia 3 marca 2008 r. w sprawie ogłoszenia “Kodeksu Honorowego Żołnierza Zawodowego Wojska Polskiego”, published in the Official Gazette of the Ministry of National Defence, No. 5, Item 55, 26 March 2008.
Romania
Romania’s Soldiers’ Manual (1991) instructs soldiers to “treat humanely [civilian] persons in your power” and “protect them from ill-treatment”.
Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, pp. 14–15.
Russian Federation
The Russian Federation’s Military Manual (1990) states that the civilian population “shall be granted such a status that would guarantee humane treatment”.
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 7.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states: “Under any circumstances international humanitarian law ensures humane treatment during an armed conflict of persons not directly involved in combat operations.”
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 4.
Russian Federation
The Russian Federation’s Combat Manual (2005) states that “the civilian population must be treated humanely, its property must be respected”.
Russian Federation, Combat Manual on the Preparation and Conducting of Combined-Arms Battles (Boevoi ustav po podgotovke i vedeniu obshevoiskovogo boya), Part 3, Platoon, Subdivision, Tank, endorsed by Order of the Commander-in-Chief of the Ground Forces No. 19, 24 February 2005, § 24.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) provides: “Treat civilians … with humanity.”
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 34.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
2.4 Specifically Protected Persons and Objects:
a. Civilians
…
The protection of civilians can be briefly summarised as follows:
…
- They must always be respected and protected against any ill treatment.
- Those in your power must be treated humanely.
…
…
[1949] Geneva Convention IV article 27 provides for general protective provisions. This article determines that protected persons are, in all circumstances, entitled to respect for their persons, honour, … It also stipulates that protected persons shall be humanely treated and shall be protected against all acts of violence or threats thereof and against all insults and public curiosity.
…
Protection of protected persons entails the following:
- Protected persons are, in all circumstances, entitled to respect for their persons, honour …
- They shall be humanely treated and shall be protected against all acts of violence or threats thereof and against all insults and public curiosity.
…
…
2.7 Special Protection: Occupied Territories
…
Residents of occupied territories are entitled, in all circumstances, to the respect of [their]:
- Persons;
- Honour;
…
- … ([1907] Hague [Regulations] articles 44 to 46 and [1949] Geneva Convention IV article 27).
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 112, 115–116, 124 and 155–156.
Spain
Spain’s LOAC Manual (1996) provides that in occupied territory, “the Occupying Power shall treat the inhabitants humanely”.
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 10.8.i.
Spain
Spain’s LOAC Manual (2007) states: “Treat all civilians … in your power with humanity”.
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 5.5.b; see also § 10.3.e.(1).
Switzerland
Switzerland’s Military Manual (1984) provides that the enemy civilian population is to be treated with humanity.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Articles 4 and 146; Military Manual (1984), p. 34; Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 43.
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states: “Foreign civilians or civilians of an adverse party to a conflict are specifically protected under the law of armed conflict. If they are in the hands of a military unit, they must at all times be treated humanely.”
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 198.
(emphasis in original)Togo
Togo’s Military Manual (1996) instructs soldiers to “treat [civilians] humanely and protect them”.
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule I, p. 17 and Fascicule II, p. 19.
Uganda
Uganda’s Code of Conduct (1986) instructs: “Never abuse, insult, shout or beat any member of the public.”
Uganda, Code of Conduct for the National Resistance Army (NRA), Legal Notice No. 1 of 1986 (Amendment), 23 August 1986, Rule 1.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides that civilians “must be humanely treated”. This also applies in occupied territories.
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, §§ 39 and 547.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) states: “An obligation is imposed on belligerents to deal humanely with protected persons.” With regard to enemy aliens, the manual specifies: “[The 1949 Geneva Convention III] ensures the humane treatment of those who remain.”
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 9, p. 35, §§ 9 and 11; see also Annex A, p. 49, § 20.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states in its chapter on the protection of civilians in the hands of a party to the conflict: “All persons are to be treated humanely in all circumstances.”
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.3.
In its chapter on internal armed conflict, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
Under the terms of Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply “as a minimum”, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.4.
United States of America
The US Field Manual (1956) recalls Article 27 of the 1949 Geneva Convention IV, which provides that in occupied territories, civilians must be treated humanely.
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 266.
United States of America
The US Soldier’s Manual (1984) states: “Inhumane treatment of civilians [is a violation] of the law of war for which you can be prosecuted.”
United States, Your Conduct in Combat under the Law of War, Publication No. FM 27-2, Headquarters Department of the Army, Washington, November 1984, p 20.
United States of America
The US Instructor’s Guide (1985) provides: “Persons taking no direct part in hostilities shall in all circumstances be treated humanely.”
United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, pp. 4, 8 and 17.
United States of America
The US Rules of Engagement for Operation Desert Storm (1991) instructs forces to “treat all civilians and their property with respect and dignity”.
United States, Desert Storm – Rules of Engagement, Pocket Card, US Central Command, January 1991, reprinted in Operational Law Handbook, International and Operational Law Department, The Judge Advocate General’s School, United States Army, Charlottesville, Virginia, 1995, pp. 8-7 and 8-8, § H.
United States of America
The US Air Force Pamphlet (1976) states that Articles 27–34 of the 1949 Geneva Convention IV “provide for humane treatment of the individuals protected”. It also states: “Articles 27 and 38 require protected persons in the territory of a belligerent to be humanely treated.”
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, §§ 11-3, 14-4 and 14-5.
Zimbabwe
Zimbabwe’s Code of Conduct for Combatants (1993), under the heading “Civilians”, states:
1. Respect them.
2. Treat those in your power humanely.
3. Protect them against ill-treatment.
Zimbabwe, Code of Conduct for Combatants, Joint publication of the Zimbabwe Defence Forces and the International Committee of the Red Cross Regional Delegation in Harare, 1993, pp. 10–11.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that in international and non-international armed conflicts, “civilian persons belonging to the adverse party, who are in the hands of the Republic of Azerbaijan, are respected and treated humanely”.
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 14.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime.
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Croatia
Croatia’s Defence Act (2002), as amended to 2007, states:
Members of the Armed Forces shall, under each and every circumstance when in battle … adhere to the rules of international humanitarian law regarding the humane treatment of enemy soldiers … and the protection of the civilian population … in accordance with the Constitution, international treaties and laws.
Croatia, Defence Act, 2002, as amended to 2007, Article 92.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
Denmark, Military Criminal Code, 2005, § 36(2).
El Salvador
Under El Salvador’s Penal Code (1997), “the civilian … who commits any inhumane act against the civilian population before, during or after the war” is guilty of a crime.
El Salvador, Penal Code, 1997, Article 363.
France
France’s Code of Defence (2004), as amended in 2008, states: “Combatants must respect and treat with humanity all persons protected by the applicable international conventions … [C]ivilians … are protected persons.”
France, Code of Defence, 2004, as amended in 2008, Article D4122-8.
Hungary
Under Hungary’s Criminal Code (1978), as amended in 1998, anyone who treats a civilian person inhumanely, is guilty, upon conviction, of a war crime.
Hungary, Criminal Code, 1978, as amended in 1998, Section 158(1).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 5 and 27 of the 1949 Geneva Convention IV, is a punishable offence.
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Mexico
Mexico’s Law on the Discipline of the Navy (2002) states: “In their treatment of the civilian population, members of the Navy must conduct themselves with dignity, respecting the rights of the [civilian] persons.”
Mexico, Law on the Discipline of the Navy, 2002, Article 22.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … is liable to imprisonment.
Norway, Military Penal Code, 1902, as amended in 1981, § 108(a).
Peru
Peru’s Decree on the Use of Force by the Armed Forces (2010) states: “Persons who do not directly participate in hostilities … must in all circumstances be treated humanely”.
Peru, Decree on the Use of Force by the Armed Forces, 2010, Article 8.2.1.
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust treat … members of the civilian population that are in their power … humanely.”
Spain, Royal Ordinances for the Armed Forces, 2009, Article 107.
Sudan
Sudan’s Armed Forces Act (2007) provides:
Subject to the provisions of the Criminal Act of 1991, shall be punished with imprisonment for a term not exceeding twenty years, or with any lighter penalty, whoever treats inhumanly any of the persons hereinafter mentioned, during wartime, by killing him/her or causing physical or moral injury or grievous suffering thereto …:
(a) civilians, as long as they enjoy such capacity.
Sudan, Armed Forces Act, 2007, Article 152.
Viet Nam
Viet Nam’s Penal Code (1990) provides for the punishment of “any person who commits an act of harassment that harms civilians or causes a loss of unity between the military and civilians”.
Viet Nam, Penal Code, 1990, Article 273(1).
Viet Nam
Viet Nam’s Penal Code (1999) provides for the punishment of those “who commit acts of harassing civilians”, including when “the offence is committed in battle zones or in areas where the state of emergency has already been declared”.
Viet Nam, Penal Code, 1999, § 338.
Bosnia and Herzegovina
In 2007, in the Ramić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated that “it is customary law that civilians … must be treated humanely, regardless of whether the conflict is international or non-international”.
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Ramić case, Judgment, 21 November 2007, p. 4.
Colombia
In 2005, in the Constitutional Case No. C-203/05, the Plenary Chamber of Colombia’s Constitutional Court stated:
As members of the civilian population affected by internal armed conflicts, children and adolescents have the right to respect for the fundamental guarantees granted to all persons not actively participating in hostilities, as established by Article 3 common to the [1949] Geneva Conventions, which provide at minimum a right to be treated humanely, to not suffer violence against their … person or dignity. In accordance with this Article, in cases of non-international armed conflicts in the territory of one of the Parties, each party to the conflict shall be bound to apply certain minimum guarantees without affecting their legal status as parties to the conflict, including: (1) Persons taking no active part in the hostilities shall be treated humanely in all circumstances without adverse distinction based on discriminatory criteria; ... c) Outrages upon personal dignity, in particular humiliating and degrading treatment.
Colombia, Constitutional Court, Constitutional Case No. C-203/05, Judgment, 8 March 2005, § 5.4.2.2.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated: “In accordance with the principle of humane treatment, civilians … shall be treated humanely.”
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment, 25 April 2007, p. 100.
(footnote in original omitted)Israel
In its judgment in the Ala’una case in 2003, Israel’s High Court of Justice stated:
Counsel for the petitioners argued before us that the soldiers at the checkpoints do not properly follow the binding rules, but we are unable to consider a mere, general claim of this kind. We can only recommend to the respondent that the persons in charge of the checkpoints continue to instruct the soldiers at the checkpoints that they conduct themselves with the requisite patience and humaneness and without creating hardship for residents of the villages to an extent that is greater than necessary.
Israel, High Court of Justice, Ala’una case, Judgment, 14 July 2003.
Israel
In its judgment in the Physicians for Human Rights v Commander of IDF Forces in the Gaza Strip case in 2004, Israel’s High Court of Justice stated:
10. The military operations of the IDF [Israel Defense Forces] in Rafah, to the extent that they affect civilians, are governed by Hague Convention IV Respecting the Laws and Customs of War on Land 1907 (hereafter – the Hague Convention) and the Geneva Convention Relative to the Protection of Civilian Persons in Time of War – 1949 (hereafter – the Fourth Geneva Convention). In addition, they are also governed by the principles of Israeli administrative law. See HCJ 393/82 Almasualiah v. Commander of the IDF Forces in the West Bank; HCJ 358/88 Association for Civil Rights in Israel v. GOC Central Command. According to these principles, the IDF must act with integrity (both substantive and procedural), with reasonableness and proportionality, and appropriately balance individual liberty and the public interest. See HCJ 3278/02 The Center for the Defense of the Individual v. The Commander of the IDF Forces in the West Bank.
11. For our purposes, the central injunction of international humanitarian law applicable in times of combat is that civilian persons are “entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof.” Fourth Geneva Convention, § 27. See also the Hague Convention, § 46. This normative framework was formulated by Gasser:
Civilians who do not take part in hostilities shall be respected and protected. They are entitled to respect for their persons, their honour, their family rights, their religious convictions, and their manners and customs. Their property is also protected. (See Hans Peter Gasser, Protection of the Civilian Population, in The Handbook of Humanitarian Law in Armed Conflicts 211 (D. Fleck, ed., 1995).)
The basic assumption of this injunction is the recognition of the importance of man, the sanctity of his life, and the value of his liberty. Compare The Basic Law: Human Dignity and Liberty, § 1; J.S. Pictet, Commentary: Fourth Geneva Convention 199 (1958). His life may not be harmed, and his dignity must be protected. This basic duty, however, is not absolute. It is subject to “such measures of control and security in regard to protected persons as may be necessary as a result of the war.” See Fourth Geneva Convention, § 27. These measures may not “affect the fundamental rights of the persons concerned.” See Pictet, at 207. These measures must be proportionate. See Fleck, at 220. The military operations are directed against terrorists and hostile combatants. They are not directed against civilians. See Fleck, at 212. When civilians, as often happens, enter a zone of combat – and especially when terrorists turn civilians into “human shields” – everything must be done in order to protect the dignity of the local civilian population. The duty of the military commander is double. First, he must refrain from operations that may cause harm to the civilian population. This duty is formulated in the negative. Second, he must take all measures required to ensure the safety of civilians. This latter duty calls for positive action. See Fleck, at 212. Both these duties – which are not always easily distinguishable – should be reasonably and proportionately implemented given considerations of time and place.
12. Together with this central injunction regarding civilians’ human dignity during times of combat, international humanitarian law imposes several specific obligations. These obligations do not exhaust the fundamental principle. They only constitute specific expressions of that principle.
Israel, High Court of Justice, Physicians for Human Rights v. Commander of IDF Forces in the Gaza Strip, Judgment, 30 May 2004, §§ 10–12.
Israel
In its judgment in the Zaharan Yunis Muhammad Mara’abe case in 2005, the Supreme Court of Israel stated:
[T]he legality of the Israeli settlement activity in the area does not affect the military commander’s duty – as the long arm of the State of Israel – to ensure the life, dignity and honor, and liberty of every person present in the area under belligerent occupation (see Y. Shany “Capacities and Inadequacies: a Look at the Two Separation Barrier Cases” 38 Isr. L. Rev. 230, 243 (2005)). Even if the military commander acted in a manner that conflicted the law of belligerent occupation at the time he agreed to the establishment of this or that settlement – and that issue is not before us, and we shall express no opinion on it – that does not release him from his duty according to the law of belligerent occupation itself, to preserve the lives, safety, and dignity of every one of the Israeli settlers. The ensuring of the safety of Israelis present in the area is cast upon the shoulders of the military commander (compare § 3 of The Fourth Geneva Convention). Professor Kretzmer discussed this:
“[A] theory that posits that the fact that civilians are living in an illegal settlement should prevent a party to the conflict from taking any measures to protect them would seem to contradict fundamental notions of international humanitarian law. After all, the measures may be needed to protect civilians (rather than the settlements in which they live) against a serious violation of IHL” (Kretzmer, at p. 93).
Israel, Supreme Court, Zaharan Yunis Muhammad Mara'abe case, Judgment, 15 September 2005, § 20.
Israel
In its judgment in Physicians for Human Rights v. Prime Minister of Israel in 2009, concerning the humanitarian situation in the Gaza Strip consequent to the start of Israeli military operations (“Cast Lead”) there in December 2008, Israel’s High Court of Justice stated:
The fundamental provision of international humanitarian law that applies while conducting hostilities (both in a territory subject to a belligerent occupation and in the territory of the parties to the conflict) is enshrined in art. 27 of the [1949] Fourth Geneva Convention, which provides that protected civilians – whether they are located in a territory that is subject to a belligerent occupation or a territory that is under the sovereignty of the parties to the conflict – are entitled in all circumstances, inter alia, to be humanely treated and to be protected against all acts of violence or threats thereof (see also art. 46 of the [1907] Hague Regulations).
Israel, High Court of Justice, Physicians for Human Rights v. Prime Minister of Israel, Judgment, 19 January 2009, § 16.
Brazil
In 2009, on the occasion of the 60th anniversary of the 1949 Geneva Conventions, Brazil’s Ministry of Foreign Relations stated:
Today, August 12, 2009, the 60th anniversary of the Geneva Conventions on International Humanitarian Law is celebrated. The Conventions, which are the main legal instrument in this area, lay down universal rules on … the protection of civilian persons. Brazil ratified the four Conventions in 1957.
On the occasion of the 60th Anniversary of the Conventions, the Brazilian Government reaffirms its commitment to upholding International Humanitarian Law and calls on the international community to fully comply with the principles of the Conventions, in favor of the protection of … human dignity in the midst of armed conflicts.
Brazil, Statement by the Ministry of Foreign Relations, 60th Anniversary of the Geneva Conventions on Humanitarian Law, Note No. 377, 12 August 2009.
China
Upon ratification of the 1949 Geneva Convention IV, China stated:
Although the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, does not apply to civilian persons outside enemy-occupied areas and consequently does not completely meet humanitarian requirements, it is found to be in accord with the interest of protecting civilian persons in occupied territory and in certain other cases.
China, Reservations made upon ratification of the 1949 Geneva Convention IV, 28 December 1956, § 4.
Denmark
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, Denmark’s Ministry of Defence stated: “Civilians enjoy comprehensive protection under the Fourth Geneva Convention. … They shall at all times be humanely treated.”
Denmark, Report on Factual and Legal Matters Relating to Danish Forces’ Detention and Transfer of Persons in Afghanistan in the First Half of 2002, Ministry of Defence, 13 December 2006, p. 4.
Israel
In July 2010, in a second update of its July 2009 report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009, Israel’s Ministry of Foreign Affairs stated: “The IDF [Israel Defense Forces] operational orders emphasize the duty to protect the dignity of civilians in the course of an armed conflict”.
Israel, Ministry of Foreign Affairs, Gaza Operation Investigations: Second Update, 19 July 2010, § 36.
Spain
In 2010, in its report to the UN General Assembly on the status of the 1977 Additional Protocols, Spain stated:
Article 85 entitled “Principle of Humanity”, contained in Title IV on Operations [of the Royal Ordinances for the Armed Forces (2009)] clearly embodies the spirit of the [1949] Geneva Convention and its [1977] Additional Protocols, as it provides that “[the] … conduct [of members of the armed forces] in any conflict or military operation must conform to the applicable rules of the international treaties on international humanitarian law to which Spain is a party”.
That is further developed in Chapter VI on Ethics in Operations, which goes into specific duties under international humanitarian law … the protection of the … civilian population.
Spain, Report on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflict, 5 May 2010, Section 2.
United States of America
In 1992, in its final report to Congress on the conduct of the Gulf War, the US Department of Defense noted some specific Iraqi war crimes, including inhumane treatment of Kuwaiti and third country civilians.
United States, Department of Defense, Final Report to Congress on the Conduct of the Persian Gulf War, 10 April 1992, Appendix O, The Role of the Law of War, ILM, Vol. 31, 1992, p. 634.
No data.
No data.
International Conference of the Red Cross (1973)
The 22nd International Conference of the Red Cross in 1973 adopted a resolution on the application of the 1949 Geneva Conventions I, II and III in the Middle East in which it called with urgency for “the total application” of these conventions by the parties to the Middle East conflict, and in particular “of those provisions which relate to the treatment of … civilian victims of the conflict”.
22nd International Conference of the Red Cross, Teheran, 8–15 November 1973, Res. IV.
No data.
ICRC
In a Memorandum on the Applicability of International Humanitarian Law sent in 1990 to all States party to the Geneva Conventions in the context of the Gulf War, the ICRC stated that “persons not participating or no longer participating in the hostilities, such as … civilians, must be respected and protected in all circumstances” and that “civilians and all non-combatants must be respected and protected”.
ICRC, Memorandum on the Applicability of International Humanitarian Law, 14 December 1990, § I, IRRC, No. 280, 1991, p. 24.
ICRC
In a communication to the press issued in 1993, the ICRC enjoined the parties to the conflict in Somalia “to respect and protect all those not participating or no longer participating in hostilities, such as … civilians”.
ICRC, Communication to the Press No. 93/17, Somalia: ICRC appeals for compliance with international humanitarian law, 17 June 1993.
ICRC
In 1994, in a Memorandum on Respect for International Humanitarian Law in Angola, the ICRC stated that “persons not or no longer taking part in hostilities, such as … civilians, shall be protected and respected in all circumstances, regardless of the party to which they belong” and that “civilians do not constitute a military danger and must be respected and humanely treated”.
ICRC, Memorandum on Respect for International Humanitarian Law in Angola, 8 June 1994, § I, IRRC, No. 320, 1997, pp. 502–503.
ICRC
In 1994, in a Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise in the Great Lakes region, the ICRC stated that “persons not participating or no longer participating in confrontations, such as … civilians, shall be protected and respected in all circumstances” and that “civilian persons who refrain from acts of hostility must be respected and treated humanely”.
ICRC, Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise, 23 June 1994, § I, reprinted in Marco Sassòli and Antoine A. Bouvier, How Does Law Protect in War?, ICRC, Geneva, 1999, p. 1308.
No data.
