Saturday, 30 January 2016

Specifically Protected Persons and Objects in War


The rule of war is such that it grants a particular protection to specific categories of people and objects. In the military fields, those in the military medical services, military religious personnel as well as objects are being excluded from being regarded as combatants or military targets. In the civilian fields, the specific protection aims at allowing the normal functioning of the civilian medical services, religious personnel of the
civilian medical services and of civil defense. This protection can be done by avoiding any damage to cultural objects and places of worship, avoiding danger to a large number of civilian persons through attacks against public works or installations containing dangerous forces, dams, dykes, nuclear power plants. The law protects military medical personnel and establishments. Similarly, hospital zones or locality, medical transport, hospital ship and medical materials are also protected. The same protection extends to temporary assignment s and temporary personnel.

Red Cross and Red Crescent
The law of war grants the same status to military and civilian medical services and to military and civilian wounded, sick and shipwrecked. Also, the distinctive signs of the medical services which consist of a ‘red cross’ on a ‘white background’ or its equivalents is a ‘red crescent’ on a ‘white background’ must be protected. The signs must be large and visible as tactical situation permits. For example, it must be illuminated at night for everybody to see. The same rules apply to the distinctive sign on medical ship and aircraft. These distinctive signals are light signals i.e. flashing blue lights, radio signals or secondary surveillance radio system (SSR) which allows establishing contacts for communication between medical aircraft and enemy tactical commands. Such medical personnel are permitted to be armed with light individual weapons for their own protection and that of the wounded and sick in their charge. In the same vein, medical establishments and transports may be guarded by escorts who may not expose capture of the establishment or the transport. 

Religious personnel or civilian persons such as chaplains exclusively engaged in their ministry and attached to the armed forces or to medical services and to civil defense are all protected. The same legal procession which apply to medical personnel also apply to religious personnel

Civil Defense
The law of war requires certain categories of persons to undertake civil defense works. The assignment  of these groups is  to provide specific tasks for the protection and survival of civilian population such as mourning for the dead, evacuation of dead bodies, shelters, blackout measures, first aid services, fire fighting, detection and marking of danger areas, decontamination of food and water supply, and other similar measures etc. The distinctive signs of the civil defense consist of an equilateral blue triangle on an orange colour ground. The sign must be large and visible. The personnel may be armed with light individual weapons for their own protection or for the purpose of maintaining order.

Cultural Objects and Places of Worship.
In the field of application of the law of war, objects of high cultural value and of objects with high religious dedications are protected. The general rule is that historic monuments, works of arts, places of worship must be fully protected, immune from attacks; such objects are evident and do not require any special identification means. In furtherance of this role, cultural objects, cultural properties, personnel and transportation are specially protected. The distinctive sign of cultural objects consists of a blue and white shield which must be large and visible in a triangular form. The personnel assigned to guard cultural objects under special protection may be armed with light individual weapon.

Work of Installations of Dangerous Forces
Every work or installation containing dangerous forces like a dam, dyke, a nuclear power plant whose attack may cause a release of dangerous forces and consequent severe losses among the civilian population are protected by law. They may not be attacked even where they are military objectives if such attacks may cause the release of dangerous force and severe losses among the civilian population. The Belligerent parties are urged to conclude further arrangements among themselves to provide additional protection for works or objects containing dangerous forces. The distinctive signs of the said dangerous signs consist s f a group of three bright orange color circles place on the same axis, must be large and visible. Defense structures and weapons are permitted to be put in place to defend and repel hostile actions against the work of installation.

Demilitarized Zones
An area where all combatants and mobile weapons have no link in any activities or no hostile use is made to fixed military installation or where activity linked to a military effort has ceased is classified as demilitarized zones. The state of demilitarized zones is covered by an agreement between the Parties concerned which may be concluded in peace time as well as after the outbreak of hostilities. The agreement should define and describe with precision, the limits of the zone and specified methods of supervision. It is also prohibited to extend military operations to demilitarized zones if such extensions are contrary to the aim of their agreement.

War Victims

v  Prisoners of war: War victims consist of prisoners of war, the wounded, the sick, the shipwrecked and the dead. The prisoner of war is any combatant who has fallen to the power of the enemy party. Any person who accompanies the armed forces without actually being a member of the army e.g. civilian member of labour unit or services responsible for the welfare of the armed forces are entitled to the prisoner of war status. The general responsibilities of the prisoner of war are in the hands of the enemy party but not in that of the individual or military units who captured them.

v  Wounded and Sick: A wounded and sick means any person whether military or civilian who because of trauma, disease or other physical or mental disorder or disability is in need of medical assistance or care and who refrains from any act of hostility. The term wounded and sick also covers maternity cases, new born babies and other persons who may be in need of immediate medical assistance and care such as expectant mothers.

v  Ship Wrecked: A ship wrecked is any person whether military or civilian who is impairing at sea or in other waters, as a result of misfortune affecting him/her or the vessel/aircraft carrying him/her and who refrains from any act of hostility. The shipwreck status remains until the end of rescue.

v  The Dead: The laws of war relating to the dead are based on the right of families to know the faith of their relatives. Those provisions deals with the remains, ashes and grave of the dead. Provisions relating to the dead apply as far as appropriate also to missing persons.

Civilian Persons
This means any person who does not belong to the armed forces or to any volunteer Corps and resistance movement. The civilian population comprises of all persons who are civilians and in case of doubt, such person shall be considered a civilian. Persistence within the civilian operations of individuals other than civilian persons does not deprive it population of civilian character. Many journalists engage in dangerous professional missions in areas of armed conflict. In international and non-international armed conflict, civilians are protected by special rules of the international law i.e. Geneva Conventions III Article IV, Geneva Convention IV Part two, Article 13 notes that civilian persons make up civilian operations.

Military Objectives
They are armed forces, the establishment buildings and positions where armed forces or materials are   located. It includes other objectives which by the nature, location, purpose or use; make an effective contribution to military actions and by any other means relating to a definite military advantage. Civilian persons with military objectives share the danger to which the latter are exposed to.

Civilian Objectives
Civilian object means any object which is not a military object. However, object that are civilian objects can according to military situation become military objectives e.g. a house or bridge used by the defender.

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