![]() ![]() ![]() for the Former Yugoslavia Jul 29, 2004).Īccording to article 50(3) of the Protocol 1 of the Geneva Conventions 1949, even if a civilian population includes some armed people, still they do not lose their civilian status. ![]() Additionally, as held by the criminal tribunal in Blaskić, “n case of doubt whether a person is a civilian, that person shall be considered to be a civilian.” Prosecutor v. A person who by any act is not facilitating or acting as part of the armed conflict is a civilian. The categories listed are member of armed forces, member of militias or member of volunteer corps. How do we define civilians? According to article 50(1) of the Additional Protocol 1 of the Geneva Conventions, 1949, civilians are the persons who do not belong to one of the categories mentioned in articles 4(A)(1)-(3) and 4(A)(6) of the Third Geneva Convention 1949. It is the duty of the military commander to take such steps and measures as to prevent harm to civilians. Thus, civilians should not be harmed during any war. At time of war, every military force faces a threat from their opponent however, it hardly faces threats from civilians. ![]() It is the duty of the military commander to determine who civilians are and who military opponents are. Petersburg Declaration of 1868, which states that States engaging in a war should only commit acts that will help them to weaken the military forces of the enemy party. At the same time, however, Rule 1 also requires that military commanders distinguish between civilian and military object. Pace Law SchoolĪccording to the ICRC Principles of Distinction between Civilians and Combatants Rule 1, one of the pillars of international humanitarian law permits military commanders to direct operations against military objectives. ![]()
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