[Pdf-women] International Humanitarian Law - Protection?? for Civilians - Women & Children Caught in the Crossfire of Conflict

[Soloveni Vitoso]

May 2019 Report of the UN Secretary General on CIVILIANS IN ARMED CONFLICT:
https://www.peacewomen.org/sites/default/files/S:2019:373.pdf

UN Security Council Debate May 23, 2019, on PROTECTION OF CIVILIANS IN ARMED CONFLICT:
https://www.peacewomen.org/security-council/security-council-open-debate-protection-civilians-armed-conflict-may-2019

INTERNATIONAL HUMANITARIAN LAW - PROTECTION??  FOR CIVILIANS - WOMEN & CHILDREN CAUGHT IN THE CROSSFIRE OF CONFLICT

In today's traumatic conflicts, in many parts of the world, civilians, and especially women and children, are the tragic victims. Yet, there is a mechanism of International Humanitarian Law that is supposed to provide a framework for civilian protection. Yet, some of the countries in the most virulent current conflicts, have not ratified the Geneva Conventions, nor the Optional Protocol II that applies to non-international conflicts. The definition of conflict parties is also elusive. There can be sessions of the Security Council, the Human Rights Council, the General Assembly, to address violations of International Humanitarian Law; but it is very complex to enforce the Geneva Conventions. In the meantime, lives are lost, loved ones injured, homes and possessions destroyed, safe food and water uncertain, medical care compromised, for the innocent civilians, caught in the crossfire. How can International Humanitarian Law be more enforced?

International Committee of the Red Cross - ICRC
https://www.icrc.org/en/document/protected-persons/civilians-protected-international-humanitarian-law
Civilians Protected?? Under International Humanitarian Law - Geneva Conventions & Protocols
During the past years the main victims of war have been civilians. The protection of civilians during armed conflict is therefore a cornerstone of international humanitarian law. This protection extends to their public and private property. IHL also identifies and protects particularly vulnerable civilian groups such as women, children and the displaced.
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Geneva Conventions of 1949, Additional Protocols, Commentaries
https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/vwTreaties1949.xsp

State Parties: https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/States.xsp?xp_viewStates=XPages_NORMStatesParties&xp_treatySelected=475;
Signatures: https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/States.xsp?xp_viewStates=XPages_NORMStatesSign&xp_treatySelected=475

"For International Humanitarian Treaties to be universally accepted, all States must adopt them through ratification or accession. States must then enact legislation and take practical measures in order for the rules to be fully effective. The ICRC's Advisory Service can help, by providing assistance and documentation."
https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=AA0C5BCBAB5C4A85C12563CD002D6D09&action=openDocument

Protocol Additional to Geneva Conventions of 12 August 1949, & Relating to Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977.

The only provision applicable to non-international armed conflicts before the adoption of the present Protocol was Article 3 common to all four Geneva Conventions of 1949. This Article proved to be inadequate in view of the fact that about 80% of the victims of armed conflicts since 1945 have been victims of non-international conflicts and that non-international conflicts are often fought with more cruelty than international conflicts. The aim of the present Protocol is to extend the essential rules of the law of armed conflicts to internal wars. The fear that the Protocol might affect State sovereignty, prevent governments from effectively maintaining law and order within their borders and that it might be invoked to justify outside intervention led to the decision of the Diplomatic Conference at its fourth session to shorten and simplify the Protocol. Instead of the 47 Articles proposed by the ICRC the Conference adopted only 28. The essential substance of the draft was, however, maintained. The part on methods and means of combat was deleted, but its basic principles are to be found in Article 4 (fundamental guarantees). The provisions on the activity of impartial humanitarian organizations were adopted in a less binding form than originally foreseen. The restrictive definition of the material field of application in Article 1 will have the effect that Protocol II will be applicable to a smaller range of internal conflicts than Article 3 common to the Conventions of 1949.

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