Protection of civilians in time of war

GENEVA CONVENTION IV 1949 deals with protection of civilian persons in time of war exhaustively. Article 27 of this Convention proclaims the principle of respect for the human person and the inviolable character of the basic rights of individual men and women. The statement of these principles in an international convention gives them the character of legal obligations and marks an essential stage in the history of international law—in particular international humanitarian law, which is concerned above all with man as man.

Principles enunciated under Article 27:

* Respect for fundamental rights: This provision is based on a similar obligation laid down in the 1929 Geneva Convention on prisoners of war. The right of respect for the person must be understood in its widest sense: it covers all the rights of the individual, that is, the rights and qualities which are inseparable from the human being by the very fact of his existence and his mental and physical powers; it includes, in particular, the right to physical, moral and intellectual integrity—an essential attribute of the human person.

* Respect for honour:  Honour is a moral and social quality. The right to respect for his honour is a right invested in man because he is endowed with a reason and a conscience. The fact that a protected person is an enemy cannot limit his right to consideration and to protection against slander, calumny, insults or any other action impugning his honour or affecting his reputation; that means that civilians may not be subjected to humiliating punishments or work.

* Respect for family rights:  The obligation to respect family rights, already expressed in Article 46 of the Hague Regulations, is intended to safeguard the marriage ties and that community of parents and children which constitutes a family, “the natural and fundamental group unit of society”. The family dwelling and home are therefore protected; they cannot be the object of arbitrary interference.

* Respect for religious convictions and practices: The principle of freedom of thought is the basis of the great movement for the Rights of Man which invaded and transformed politics and law. It is therefore inscribed at the beginning of the traditional proclamations of essential rights and fundamental liberties.

* Respect for manners and customs: Respect for the human person implies respect for “manners” (in the sense of individual behaviour) and “customs” (meaning the usages of a particular society).

* Humane treatment: The expression “to treat humanely” is taken from the Hague Regulations and from the two 1929 Geneva Conventions. The Word “treatment” must be understood here in its most general sense as applying to all aspects of man's life. It seems useless and even dangerous to attempt to make a list of all the factors which make treatment “humane”.

This Article also stipulates to ensure equality of treatment and non-discrimination with particular emphasis to provide special consideration to women.

Compiled by Law Desk. (Source: www.icrc.org.)