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Basic Concepts and Principles Military Necessity Necessity and Proportionality Distinction
Principle of Distinction
It prohibits all means and methods that cannot make a distinction between those who do take part in hostilities, and are therefore considered combatants, and those who do not and are therefore protected (Article 48 IAP). The sick and wounded, medical personnel, civilians and prisoners of war (POWs) are all called protected persons.
Armed Forces
Armed forces of a party to the conflict consist of all organized armed groups which are under a command responsible to that for the conduct of its subordinates. All persons who fight on behalf of a party to a conflict and who subordinate themselves to its command.
Combatants
Combatants are members of armed forces or groups that may be considered POWs if captured. Armed groups that are not part of the armed forces need to follow four conditions (to be considered combatants):
Commanded by a person responsible for his subordinates. Having a fixed distinctive emblem recognizable at a distance. Article 44(3) of the First Additional Protocol (IAP) sets an exception to this rule when the nature of the hostilities prevents the combatant from distinguishing himself or herself. There is an ongoing legal debate about the scope of a distinctive sign which combatants of non-regular armed forces need to wear. Carrying arms openly. Conducting their operations in accordance with the laws and customs of war.
Combatants
In case of doubt, a person should be considered a POW until a competent court decides otherwise. Members of groups that do not follow these conditions, and individuals that are not part of armed groups that take direct part in the hostilities (violent resistance) are not regarded as combatants and do not enjoy the status of POWs. They are therefore protected civilians and lose their immunity only for such time as they take direct part in hostilities.
Civilians
Who are CIVILIANS?
Persons who are not members of the armed forces. Civilians must not be attacked. They do not take part in the hostilities and should be protected and respected.
Other Precautions
Location of military objectives (separate civilians under its control from military objectives) Choosing weapons and methods of warfare (verify military targets, consider that which causes the least danger to civilians) Warnings (The parties to armed conflict must, as much as possible, give effective warnings before an attack. Warnings increase the chance for civilians to protect themselves from any possible harm caused by the war)
Exclusion to IHL
The RULES of IHL do not apply in situations of internal disturbances and tensions, e.g. riots, isolated and sporadic acts of violence and other acts of a similar nature.
Biological and Chemical weapons are PROHIBITED as well, specifically by the 1952 Geneva Protocol. This is binding on any state regardless of whether they signed or not. Note: Cultural property and Natural environment
Relevant Provisions
This Convention mandates that parties in battle take all possible measures to search for, collect, and care for the wounded, sick, and shipwrecked. Shipwrecked refers to anyone who is adrift for any reason, including those forced to land at sea or to parachute from aircraft. (Arts. 12, 18) Appeals can be made to neutral vessels, including merchant ships and yachts, to help collect and care for the wounded, sick, and shipwrecked. Those who agree to help cannot be captured as long as they remain neutral. (Art. 21) Religious, medical, and hospital personnel serving on combat ships must be respected and protected. If captured, they are to be sent back to their side as soon as possible. (Art. 36-37) Hospital ships cannot be used for any military purpose. They cannot be attacked or captured. The names and descriptions of hospital ships must be conveyed to all parties in the conflict. (Art 22) While a warship cannot capture a hospital ships medical staff, it can hold the wounded, sick, and shipwrecked as prisoners of war, providing they can be safely moved and that the warship has the facilities to care for them. (Art. 14)