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English translation of "protecting civilians in time"

Offers

This practice is in violation of the provisions of the Fourth Geneva Convention on war.

Protection of civilians in time of war. ">

Article 49 of the Fourth Geneva Convention on protection of civilians during war prohibits "individual and mass forced resettlement" as a serious violation of international humanitarian law.

Article 49 of the Fourth Geneva Convention, relative to the of international armed conflict, prohibits "individual or mass forcible transfers" as a grave breach of international humanitarian law.

Protection of civilians in time of international armed conflict, prohibits "individual or mass forcible transfers" as a grave breach of international humanitarian law. ">

My Government reaffirms its support for the provisions of the 1949 Geneva Convention on protection of civilians during armed conflicts and deeply regrets that the efforts to build a lasting peace have been canceled out by acts of violence.

My Government reiterates its support for the provisions of the Geneva Convention of 1949 on the armed conflicts and profoundly regrets that efforts towards the construction of definitive peace are being thwarted by acts of violence.

Protection of civilians during armed conflicts and profoundly regrets that efforts towards the construction of definitive peace are being thwarted by acts of violence. ">

International human rights instruments, as well as the Geneva Conventions of August 12, 1949, 11 and their 1977 Optional Protocols, 12 which contain a number of provisions on protection of civilians during armed conflict are directly related to internally displaced persons.

International human rights instruments, as well as the Geneva Conventions of 12 August 194911 and the Optional Protocols thereto of 1977.12 which contain a number of provisions for the protection of civilians during armed conflict, are of direct relevance to internally displaced persons.

Protection of civilians during armed conflict, are of direct relevance to internally displaced persons. ">

Persons arrested for security reasons have been provided and continue to be provided with the guarantees provided for by the Geneva Convention on protection of civilians during war.

Detainees held for security reasons have been and continue to be provided the protections of the Geneva Convention relative to the Protection of Civilians in Time of War.

Protection of Civilians in Time of War. ">

Paragraph 35 states that the military court and its directorate must comply with the provisions of the Geneva Convention of 12 August 1949 on protection of civilians during war in relation to any matter of litigation.

In paragraph 35, it says that the military court and its directorate have to apply the terms of the Geneva Convention dated 12 August 1949 to the protection of civilians in time of war in every matter related to legal proceedings.

Protection of civilians in time of war in every matter related to legal proceedings. ">

This policy is contrary to the provisions of the Convention on protection of civilians during war and relevant customary law and amount to war crimes within the jurisdiction of the International Criminal Court.

Those policies were in breach of the Convention relative to the of War and relevant provisions of customary law, and relevant also to war crimes that fell under the jurisdiction of the International Criminal Court.

Protection of Civilian Persons in Time of War and relevant provisions of customary law, and also to war crimes that fell under the jurisdiction of the International Criminal Court. ">

Morocco also violates the Fourth Geneva Convention on protection of civilians during war, as it migrates thousands of Moroccans to Western Sahara.

Morocco was also in violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Times of War because it was resettling thousands of Moroccans in Western Sahara.

Protection of Civilian Persons in Times of War because it was resettling thousands of Moroccans in Western Sahara. ">

Geneva Convention on protection of civilians during war recognizes the right of protected foreigners to leave the territory of a party to the conflict.

The Geneva Convention Relative to the Protection of Civilian Persons in Time of War recognizes the right of aliens who are protected persons to leave the territory of a party to the conflict.

Protection of Civilian Persons in Time of War recognizes the right of aliens who are protected persons to leave the territory of a party to the conflict. ">

One of the most important priorities in the work of my Office continues to be protection of civilians during war.

Protection of civilians in times of war remains an important priority for my Office. ">

Other relevant legal instruments in this area include the Universal Declaration of Human Rights, the International Covenants and the Geneva Convention on protection of civilians during war.

Other relevant legal instruments included the Universal Declaration of Human Rights, the International Covenants and the Geneva Convention relative to the Protection of Civilian Persons in Time of War.

Protection of Civilian Persons in Time of War. ">

This crisis requires urgent action by the international community in accordance with obligations under international law, including the Geneva Convention on protection of civilians during war.

This crisis requires immediate action by the international community in line with obligations under international law, including the Geneva Convention relative to the Protection of Civilian Persons in Time of War.

Protection of Civilian Persons in Time of War. ">

It was reported that the rebels completely ignored the principles of the Geneva Convention on protection of civilians during war and international humanitarian laws.

It was said that the Maoist insurgents did not respect the Principle of the Geneva Convention at the time of conflict relating to human rights and international humanitarian laws.

At the time of conflict relating to human rights and international humanitarian laws. ">

For the purposes of this investigation, we are interested in the Fourth Geneva Convention on protection of civilians during war, and especially during the period of internal armed conflict.

For the purposes of this investigation, what concerns us is the fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, and particularly internal armed conflict.

Protection of Civilian Persons in Time of War, and particularly internal armed conflict. ">

Likewise, the Fourth Geneva Convention on protection of civilians during war of 12 August 1949.

The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, likewise prohibits the alteration and the annexation of occupied territories.

Protection of Civilian Persons in Time of War, of 12 August 1949, likewise prohibits the alteration and the annexation of occupied territories. ">

The report also refers to Economic and Social Council resolution 2003/59, which reaffirms the applicability of the 1949 Geneva Convention on protection of civilians during war.

The report also highlighted Economic and Social Council resolution 2003/59, reaffirming the applicability of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War.

Protection of Civilian Persons in Time of War. ">

Goals and objectives of the module:

Consider which IHL instruments contain provisions for the protection of civilians and civilian objects; to provide an understanding of what protection and how should be provided to the civilian population and civilian objects in the event of armed conflict.

Module plan:

The Fourth Geneva Convention of 1949, its meaning and main provisions;

two 1977 Additional Protocols, their contribution to enhancing the protection of civilians and civilian objects;

the principle of proportionality, its essence;

The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, their role in enhancing the protection of civilians.

For a long time, international humanitarian law has bypassed such an issue as the protection of civilians in times of war. Thus, civilians were effectively deprived of legal protection and left to the mercy of the belligerents. Only in the Hague Convention of 1907 appear several clauses on the protection of civilians in the occupied territories.

A fundamental change in the situation began only in 1949, when the Geneva Conventions were adopted, the fourth of which was entirely devoted to the protection of civilians. No wonder the famous lawyer Jean Pictet called this convention the main achievement of the 1949 Diplomatic Conference. Indeed, if the protection of the wounded, sick soldiers, prisoners of war and shipwrecked persons were considered earlier in the Geneva and Hague Conventions, then the protection of civilians was thoroughly spelled out for the first time.

Perhaps at the turn of the XIX-XX centuries. there really was no particular need to dedicate a separate convention to this. During the Franco-Prussian War of 1870-1871. only 2% of those killed were civilians, during the First World War - 5%. The second World War, in which half of the dead were civilians, was a real shock. It is not surprising that the Fourth Geneva Convention was adopted after it.

One of the most important articles in it is Art. 32, prohibiting belligerents from "taking any measure that could cause physical suffering or lead to the destruction of protected persons ...". For the first time, the text of the convention enshrined norms prohibiting the use of torture, reprisals and collective punishment of civilians, as well as any measures of intimidation and terror against the civilian population.

This Convention regulated in detail the status of the civilian population in the occupied territories, but many important issues of ensuring the protection of civilians and civilian objects directly in the areas of hostilities continued to remain outside the sphere of international legal regulation.

The Fourth Geneva Convention, in particular, states that the internment of civilians is permitted only if it is absolutely necessary for the security of the Power in whose power they are. Moreover, this power must treat the internees humanely, provide them with food, medical help etc. Places of internment should not be located in areas particularly exposed to military danger. (Internment is a special regime of restriction of freedom imposed by one belligerent for citizens of the other side or foreigners; moving these people to places where it is easier to supervise them).

In the occupied territories, civilians under the age of 18 must not be forced to work, and no civilian must be forced to take part in hostilities, nor must they be forced to do work directly related to the conduct of hostilities. People involved in work should receive appropriate monetary remuneration for it.

The occupying power is obliged to ensure the supply of food and medicine, the work of public utilities and health services in the occupied territory. If she cannot provide all this, she is obliged to accept cargoes of humanitarian aid from abroad.

While recognizing the right of foreigners to leave the country at the beginning and in the midst of a conflict, the Convention also reaffirms the right of the state to detain those who may turn weapons against it or possess state secrets. Those who are denied leave may challenge the refusal in court.

One of the sections of the Convention is devoted to legislation in the occupied territories. While protecting the population from arbitrariness, the Convention also states that the occupying authorities must be able to maintain order and resist riots.

Under normal circumstances, the occupation authorities must uphold the existing legislation and the existing courts in the occupied country. The occupiers do not have the right to change the status of officials and judges in the occupied territories, as well as to punish them for refraining from performing their duties for reasons of conscience.

Civilians deprived of their liberty for any reason should enjoy essentially the same benefits as prisoners of war.

As already mentioned, the Fourth Geneva Convention was a real breakthrough, but its most important provisions were not applied to that part of the civilian population located in the areas of hostilities where the degree of threat to their lives is the highest. Therefore, the fourth Convention did not fully solve the problem of ensuring the protection of civilians from the dangers that arise directly in the course of hostilities.

In the First Additional Protocol, for the first time in international law, the very principle of the protection of civilians was clearly formulated, its main content was disclosed, the norms defining the conditions for providing protection to civilians were specified, and the main obligations of the belligerents in relation to ensuring the protection of civilians were defined.

Central to the First Additional Protocol is Art. 48 Basic Rule, which states that “in order to ensure respect and protection of civilians and civilian objects, parties to a conflict must always distinguish between civilians and combatants, and between civilian objects and military objectives, and direct their actions accordingly only against military targets ”. For the first time, norms were also enshrined that “in case of doubt as to whether a person is a civilian, he is considered a civilian,” that is, one who does not belong to the personnel of the armed forces and does not take part in hostilities.

Of course, a civilian can be of any age, gender, profession (including a journalist), although the protection of certain categories of the civilian population (in particular, medical personnel, clergy, women, children under 15, personnel of civil defense organizations) is prescribed in the international humanitarian right especially. Civil defense organizations have an entire chapter (Articles 61 - 67) of the First Additional Protocol - because these organizations play a huge role in the protection of civilians. The personnel and property of civil defense organizations must be respected and protected and must not be attacked. In the occupied territories, civilian civil defense organizations should receive the assistance from the authorities to carry out their tasks.

The First Additional Protocol also defines military and civilian targets. The category of military objects includes only those "which, by virtue of their nature, location, purpose or use, make an effective contribution to hostilities and the complete or partial destruction, capture or neutralization of which, under the current circumstances, gives a clear military advantage" (Art. 52). Objects specially created for use as means of warfare do not raise doubts about their belonging to the military category (military equipment, ammunition depots, etc.). At the same time this definition It also covers objects that are civilian in their initial, main purpose, but at a particular moment of hostilities are used by the armed forces in order to ensure the success of hostilities (for example, a residential building from which the military is firing).

Civilian objects are all those that are not military according to the above definition. The first Additional Protocol also establishes a presumption in favor of the civilian character of objects, according to which, in case of doubt about the possible military use of certain objects, usually intended for civilian purposes, they should be considered as civilian.

Although international humanitarian law prohibits attacks on civilian objects and civilians, it is permissible that they may become collateral (accidental) victims of attacks directed against military objectives. At the same time, it is important to observe the principle of proportionality (proportionality), the essence of which is that the expected civilian casualties and destruction of civilian objects should not be excessive in relation to the “concrete and direct military advantage” that is planned to be obtained as a result of the attack (see Art. Articles 51 and 57 of the First Additional Protocol). That is, the greater the military advantage the belligerent gains as a result of the attack, the greater the accompanying civilian casualties will be acceptable. For example, if shrapnel from a detonated enemy ammunition depot injures or even kills several nearby civilians, they are likely to be treated as accidental victims of a legitimate attack. But the attacking side, in any case, must make every effort to avoid civilian casualties, or at least minimize them.

Contemporary international humanitarian law places certain restrictions on attacks against military objectives if such attacks could result in excessive civilian casualties, damage or destruction of civilian objects. Thus, the 1977 First Additional Protocol prohibits attacks on dams, dams and nuclear power plants "even in cases where such facilities are military objectives, if such an attack could cause the release of dangerous forces and subsequent heavy civilian casualties." The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons prohibits, inter alia, “under any circumstances, subjecting any military objective located in an area of ​​concentration of civilians to an attack using incendiary weapons delivered by air”. In other words, located in a city or other locality a military object cannot be bombed with incendiary bombs. (In March 1945, American planes bombarded Tokyo with incendiary bombs, killing 80,000 to 100,000 people, far exceeding the number of casualties in other air strikes.)

Belligerents should try to locate military objectives away from civilians and objects, and in no case use the civilian population as a cover against attacks.

Adopted in 1976 on the initiative Soviet Union The convention on the prohibition of military or any other hostile use of means of influencing the natural environment also makes a significant contribution to the protection of civilians in armed conflicts. This convention was adopted under the influence of the Vietnam War (more precisely, in Indochina) - the first armed conflict in the history of mankind, where the purposeful and systematic destruction of the natural environment and the impact on natural processes for military purposes was one of the main elements of the strategy, an independent method of conducting combat action. This ecological war, unleashed by the US armed forces, was aimed at depriving the inhabitants of Vietnam, Laos and Cambodia of the opportunity to use forests as natural shelters during hostilities, destroying crops, food supplies and livestock, disrupting agricultural production ... The main methods of ecological warfare were systematic the use of military herbicides and defoliants (chemicals used to destroy vegetation), the use of special equipment (bulldozers, etc.) in order to destroy vegetation, forests and crops in large areas of the territory. Great damage to the natural environment of Indochina was caused by the systematic and large-scale use of incendiary substances, especially napalm. In addition, the US military systematically used meteorological warfare methods - influencing local weather processes in order to initiate precipitation to flood vast swaths of Vietnam's territory ... With such methods of warfare, it is not surprising that more than 90% of those killed were civilians.

The aforementioned Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment was the first special agreement in history aimed at preventing the use of means and methods of waging environmental warfare. Each state party to this Convention "undertakes not to resort to military or any other hostile use of means of influence on the natural environment, which have wide, long-term or serious consequences ...". International legal norms regulating the protection of the natural environment from military impact were further developed in the First Additional Protocol of 1977, where there is a special article “Protection of the natural environment”.

To protect the civilian population in general and its individual categories in particular (children, women, sick, wounded, etc.), modern international humanitarian law provides for the creation of special zones and localities. For example, the fourth Geneva Convention refers to special "neutralized zones", the First Additional Protocol of 1977 - about "non-defended areas" and "demilitarized zones". If you do not go into the nuances, the essence of such areas and zones is that one belligerent side does not have the right to defend such an area with weapons in hand, and the other - to attack it. In particular, during the war in the territory of the former Yugoslavia in the 90s. XX centuries. some areas were declared undefended, although in practice this was ineffective: shelling of these areas (cities), as a rule, did not stop.

Civil wars like the conflict in Yugoslavia or Rwanda are a real disaster for the civilian population of these countries. The "mini-convention" (the third article common to all Geneva Conventions of 1949) and the Second Additional Protocol of 1977 have special provisions protecting civilians in internal armed conflicts. But this protection is spelled out in less detail than the protection of the civilian population in the period of international conflicts. In the text of the "mini-convention" there is not even a direct reference to the civilian population as the object of the protection provided. We are talking about persons "who do not directly take part in hostilities." Of course, civilians belong to this category of persons, but still the wording is not specific enough. The significance of the “mini-convention” was also weakened by the absence of rules prohibiting the use of reprisals against civilians, as well as the absence of appropriate provisions on the protection of civilian objects. In general, Art. 3 of the Geneva Conventions of 1949 could not provide effective protection of civilians in non-international armed conflicts. With the adoption of the Second Additional Protocol in 1977, the situation has somewhat changed for the better. This document already clearly states that “the civilian population as such, as well as individual civilians, should not be the target of attack”. It is very important that the Second Additional Protocol, like the First, prohibits the use of civilian famine as a method of warfare. Forcible displacement of civilians is prohibited unless it is dictated by reasons of ensuring the safety of these persons or "compelling military reasons." But these norms actually limit the international legal protection of the civilian population in armed conflicts of a non-international character. In the text of the Second Additional Protocol, in particular, there are no provisions that formulate the presumption of belonging of civilians to the category of civilians in case of doubts about their status; there are no provisions prohibiting indiscriminate means and methods of warfare, etc.

The protocol's shortcomings should also include the absence in the text of a direct indication that in the course of military operations belligerents are obliged to ensure adequate protection of civilian objects and, accordingly, to limit hostilities only to military objectives. The 1977 Second Additional Protocol identifies only the following specific categories of civilian objects to be protected:

• - Objects necessary for the survival of the civilian population (such as food, crops, livestock, supplies drinking water etc.)
• - Installations and structures containing dangerous forces (dams, dams and nuclear power plants).
• - Cultural values, works of art, places of worship.

Thus, the fate of the civilian population and civilian objects during a non-international armed conflict continues to largely depend on national legislation, on the rules adopted by the armed forces of a given country, and, of course, on the degree of compliance with these rules.

Summary

The Fourth Geneva Convention of 1949 is entirely devoted to the protection of civilians in the occupied territories. It prohibits belligerents from "taking any action that could cause physical suffering or lead to the destruction of protected persons ...". For the first time, the text of the convention enshrined norms prohibiting the use of torture, reprisals and collective punishment of civilians, as well as any measures of intimidation and terror against the civilian population. The occupying power is obliged to ensure the supply of food and medicine, the work of public utilities and health services in the occupied territory. Under normal circumstances, the occupation authorities must uphold the existing legislation and the existing courts in the occupied country.

The most important provisions of the fourth convention were not applied to that part of the civilian population located in the areas of hostilities, where the degree of threat to their lives is the highest. Therefore, the fourth Convention did not fully solve the problem of ensuring the protection of civilians from the dangers that arise directly in the course of hostilities.

This gap was filled by two Additional Protocols to the Geneva Conventions, adopted in 1977. The first protocol regulates situations of international, and the second - non-international armed conflicts. Both protocols pay particular attention to the protection of civilians.

Although international humanitarian law prohibits attacks on civilian objects and civilians, it is permissible that they may become collateral (accidental) victims of attacks directed against military objectives. At the same time, it is important to observe the principle of proportionality.

The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications, like a number of other IHL instruments, have also greatly contributed to enhancing the protection of civilians.

Related Literature

War crimes. Everyone should know this. M., 2001.

Protection of persons and objects in international humanitarian law. Collection of articles and documents. M., ICRC, 1999.

International humanitarian law in documents. M., 1996.

Pictet Jean. Development and principles of International Humanitarian Law. ICRC, 1994.

Furkalo V.V. International legal protection of civilians in armed conflicts. Kiev, 1986.

GENEVA CONVENTIONS for the Protection of War Victims of 1949- international multilateral agreements signed in Geneva on 12 / VIII 1949: 1) Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; 2) a convention for the amelioration of the condition of the wounded, sick and shipwrecked members of the armed forces at sea; 3) the convention on the treatment of prisoners of war; 4) convention for the protection of civilians in time of war.

The first three J.C. were developed on the basis of previously existing similar conventions (J.C. 1864 on improving the condition of the wounded, revised in 1906 and 1929; The Hague Convention of 1899 on the application to naval warfare was begun by J.C. 1864, revised in 1907, and J. K. 1929 about prisoners of war). The fourth journalist was developed in 1949 (supplements the fourth Hague Convention of 1907 on the Laws and Customs of War). Zh. K. Are often referred to as the conventions of the Red Cross.

The direct initiators of the development of the housing industry were progressive public organizations, which, beginning in the mid-19th century, were have widely deployed their activities in many countries. An important role in the development of this movement was played by N.I.Pirogov, who put forward the idea of ​​organizing public assistance to wounded soldiers directly on the battlefield, and the Holy Cross Community of Sisters of Mercy, led by him, created in 1854. The initiative of public organizations and a number of progressive figures, in particular the founder of the Red Cross A. Dunant, led to the convocation of a conference in Geneva in 1864, at which a convention was worked out on the improvement of the condition of the wounded, which was the first among women.

1. 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field obliges its participants to pick up on the battlefield and provide assistance to the wounded and sick of the enemy.

The Convention prohibits the use of reprisals against the wounded and sick of the enemy, any encroachment on the life and health of the wounded and sick of the enemy, in particular, it prohibits finishing them off, exterminating and torturing them. The convention obliges the member states to treat the wounded and sick humanely and to provide them with assistance without any discrimination on grounds such as gender, race, nationality, religion, political opinion, or other similar criteria. All the wounded and sick who find themselves in the power of the enemy must be registered, and the data about them must be reported to the state on the side of which they fought. Even during hostilities, the belligerents must send home the seriously wounded and sick, and certain categories of them - to neutral states (for example, the wounded and sick, the recovery of which may occur within a year from the day of their injury or illness).

The convention provides for the protection of honey. institutions, their staff and Vehicle, intended for transportation of the wounded, sick and medical - a dignity. property. She categorically prohibits attacking military stationary and mobile med. institutions, hospital courts, dignity. transport and dignity. staff. Honey. Institutions can be deprived of the protection of Zh. k. only if they are used for military purposes. In this case, the protection of Zh. K. Can be terminated only after a certain period after the appropriate warning was made. However, it is not considered using honey. institutions for military purposes, if their personnel use weapons for self-defense or for the protection of the wounded and sick in an institution guarded by armed soldiers. San. personnel who find themselves in the power of the enemy are not considered a prisoner of war and can be detained only for the time necessary to provide assistance to the wounded and sick from among the prisoners of war, and then must be returned to their homeland. Honey. institutions, personnel and transport must be marked with a special sign (Red Cross, Red Crescent or Red Lion and Sun on a white background). Rules for the protection of honey. institutions and their staff belong to the Red Cross organizations involved in the provision of assistance to the wounded and sick.

2. The 1949 Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea establishes rules for the treatment of the wounded and sick in naval war, similar to the rules established by the convention for the amelioration of the condition of the wounded and sick. All selected wounded, sick and shipwrecked must be registered, and their data reported to the state, on the side of which they fought. The Convention also establishes the protection of hospital ships built or equipped for the transport and treatment of the wounded, sick and shipwrecked. The personnel of these ships enjoy the same protection as the personnel of land medical personnel. institutions.

3. 1949 Geneva Convention relative to the Treatment of Prisoners of War sets out the rules to be followed by the belligerents in their treatment of prisoners of war. The use of prisoners of war, including the wounded and sick, for biol, experiments is prohibited by the convention. The Convention prohibits encroachment on the life and physical integrity of prisoners of war, in particular all types of murder, mutilation, cruel treatment, torture and torture. Wounded and sick prisoners of war are forbidden to kill or exterminate, deliberately leave without medical assistance or care, deliberately create conditions for their infection. Wounded and sick prisoners of war must be provided with humane treatment and care without distinction of gender, nationality, race, religion or political convictions (see Prisoners of war).

4. Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 provides for the protection and humane treatment of the population in the occupied territory. Destruction and violence against civilians, as well as the use of collective punishment, are prohibited. The robbery of the population is considered a crime. It is prohibited to compel the population to serve in the armed forces of the occupier. Zh. K. obliges the state that has occupied the territory to provide the population of this territory with food and medicine, as well as to prevent the occurrence of infectious diseases.

Zh. K. Consolidated the basic principle of modern international law: wars are waged against the armed forces of the enemy; military action against the civilian population, the sick, the wounded, prisoners of war, etc., is prohibited.

Zh. K. Are applied in the case of a declaration of war or any armed conflict, even if one of the belligerents does not recognize a state of war, and in the case of the occupation of a territory, even if this occupation does not meet armed resistance. Participants of Zh. K. Are obliged to comply with their provisions, if one of the powers in conflict is not a party to this convention. The provisions of the journalist are also obligatory for neutral countries.

Zh. K. Provide for the obligation of the participating countries to search for and punish persons who have committed or ordered to commit any actions that violate the provisions of these conventions. Persons guilty of violations of Zh. K. Are considered as war criminals and should be prosecuted. Such persons are brought before the court of the country, on the territory of a cut they committed crimes, or the court of any country-participant of Zh. K., if she has evidence of their guilt. A serious violation of Zh.K. is the deliberate killing of the wounded, sick, prisoners of war and the civilian population, torture and inhuman treatment of them, including biol, experiments, damage to health, forcing prisoners of war to serve in the enemy's army, taking hostages, seriously destroying the property of private persons, state and public organizations, not caused by military necessity, etc. Zh. k. provide for the procedure for investigating allegations of violation and impose on the participants the obligation to pass laws that determine the effective criminal punishment of those responsible.

The USSR made a significant contribution to the development of humane rules for waging war and prohibiting the use of weapons of mass destruction. In June 1918, the Soviet government recognized the journalist in all its editions; On June 16, 1925, the USSR recognized the J.C. 1906 and the 1907 convention on the application of the J.C. 1864 to naval warfare; On August 25, 1931, the USSR joined the J.C. 1929. The USSR played an important role in the development of the J.C. 1949 on the protection of war victims.

The Presidium of the Supreme Soviet of the USSR ratified the J.C. on April 17, 1951. When signing the J.C., the representative of the USSR made a number of reservations, according to the USSR: it will not recognize the lawful appeal of the state, in whose power are the wounded, sick, prisoners of war and the civilian population, to a neutral state or organization with a request to exercise the functions of the patronizing power, if there is no consent of the state, the citizens of which are the indicated persons; will not consider the state that transferred the captured wounded, sick, prisoners of war, civilians to another state to be exempted from responsibility for the observance of Zh. k.; will not extend the action of J. K. on the treatment of prisoners of war to those of them who were convicted in accordance with the principles of the Nuremberg Tribunal for committing war crimes and crimes against humanity. The measures established in the USSR for persons punished for crimes committed will be applied to this category of prisoners of war.

The participation of the USSR, the Ukrainian SSR, the Byelorussian SSR, and other socialist countries in the development of the housing industry made it possible to achieve the inclusion of a number of important provisions in them. Included was a provision stating that the basic humane principles of Zh.K. should also be applied during national liberation and civil wars(As you know, earlier the governments of capitalist states and bourgeois lawyers pointed out that Zh. k. should be used only during wars between the so-called. civilized states). This extension of the action of Zh. To, has great importance for peoples fighting for their freedom and independence. It was of particular importance after the Second World War in connection with the broad scale of the national liberation movement in the countries of Asia, Africa and Latin America. Provisions were also included on the prohibition of discrimination against the wounded, sick, prisoners of war and the civilian population on the basis of race, language, religion, property status, etc., on the prohibition of the destruction of property of state and public organizations, and not only private individuals, not caused by military necessity. , and a number of other provisions.

The Soviet Union, as a member of the Zh. K., Firmly observes them, puts forward and supports proposals aimed at consolidating peace, protects the rights and interests of peoples. The USSR resolutely condemns states that violate labor laws, especially in relation to peoples fighting for their national liberation.

According to data on 1/1 1977, St. 120 states; USSR, Ukrainian SSR, BSSR - participants of the Zh. K.

Bibliography: Geneva Conventions for the Protection of War Victims, dated August 12, 1949, M., 1969; International Law Course, ed. F.I. Kozhevnikova, etc., vol. 5, p. 284, M., 1969; Fabrik about in E.M. Conventions of the Red Cross, Moscow, 1950.

Civilian population- these are persons who do not belong to any category of participants in an armed conflict and do not directly participate in hostilities. Legal protection of the civilian population carried out in conflicts of both international and non-international character. The parties to the conflict are obliged take all measures so that children under 15 years of age, those who are orphaned or divorced from their families because of the war, are not abandoned to fate (Article 24 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War ). Cannot be applied to civilians no measures of physical or mental pressure in order to obtain any information.

It is forbidden to apply physical suffering or taking any action that will lead to the death of the civilian population (murder, torture, corporal punishment, mutilation, medical, scientific experiments, civilian famine as a method of warfare, terror, robbery, hostage-taking, other violence by civilian or military representatives parties to the conflict). The civilian population and individual civilians should not be targeted. It is prohibited to use the civilian population to defend certain objects, points or areas of attack.

Civil objects should not be subject to attacks and reprisals, violent actions and prohibited means and methods of conduct should not be used against them war. In particular, must not be attacked and destroyed structures containing dangerous forces (dams, dams, nuclear power plants), objects necessary for the survival of the civilian population (livestock, crops, food, water supplies and means of obtaining and purifying it), other unprotected and non-military objects.

Military occupation regime... Military occupation- is a temporary seizure of the territory (part of the territory) of one state by the armed forces of another state and the establishment of a military administration in the occupied territory. The military occupation of any territory does not mean its transfer to the sovereignty of the state, it has been seized.

According to the provisions of the IV Hague Convention of 1907 p., IV of the Geneva Convention of 1949, Additional Protocol I, the occupying power is obliged to take all measures to ensure order in the occupied territory. The population of the occupied territory must obey the orders of the authorities, but it cannot be forced to take an oath of allegiance to the occupying power, to participate in hostilities directed against its state, to testify about the latter's army. The honor, dignity, life of civilians, their property, religious beliefs, families must be respected. The occupying state must provide the civilian population with the necessary clothing, food and sanitary materials.

In the XX century. the world has experienced two world wars, which were unprecedented in human losses and damage caused. The development of technologies, the invention and improvement of new types of weapons have led to the accumulation of an arsenal on earth, which would be sufficient for the complete destruction of several planets such as ours.

Since the second half of the XIX v. a process has begun to consolidate the norms of international law aimed at protecting people suffering from the disasters caused by armed conflict. These norms are proclaimed by international documents, which together formed the basis of modern international humanitarian law.

The process of drafting conventions took a long historical period. In 1864 - 1906 - 1929 the Geneva Conventions were adopted "to improve the condition of the wounded and sick in active armies." The Hague Conventions were adopted in 1899 and 1907.

After World War II, four main international humanitarian law instruments were adopted that significantly strengthened the protection of victims of armed conflict:

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949;

II Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea of ​​August 12, 1949;

In 1977. the provisions of these conventions have been extended by two additional protocols:

Additional Protocol to the Geneva Conventions of August 12, 1949. Relating to the Protection of Victims of International Armed Conflicts (Protocol I) of June 8, 1977;

Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the protection of victims of non-international armed conflicts (Protocol II) of June 8, 1977.

In addition to the Geneva ones, there are also the Hague international conventions, adopted at the 1st (3 conventions) and 2nd (13 conventions) peace conferences in The Hague in 1899 and 1907. The Hague Conventions contain provisions on the peaceful settlement of international disputes, on the opening of hostilities, neutrality, the protection of civilians, and the regime of prisoners of war. But I think that the name "peaceful" is not entirely appropriate, since the focus of both conferences was not how to eliminate wars, but how to wage them.

Art. Section 27 of Section 3 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, entitled "STATUS AND TREATMENT OF SPECIES," establishes that protected persons have the right, under all circumstances, to respect for their personality, honor, family rights, religious beliefs and rituals, habits and customs. They will always be treated humanely and, in particular, they will be protected from any act of violence or intimidation, insults and crowd curiosity.

Women will be specially protected from any attempt on their honor, and in particular from rape, forced prostitution or any other form of attack on their morality.

Subject to the provisions concerning health status, age and gender, the party to the conflict in whose power the protected persons are will treat all of them equally, without any discrimination, in particular for reasons of race, religion or political opinion.

However, with regard to these persons, the parties to the conflict may take such control or security measures as may be necessary as a result of the war.

Subsequently, the Hague and Geneva Conventions were repeatedly violated during the wars, so I consider it necessary to create a mechanism of law enforcement policy that minimizes violations of international humanitarian law.

General protection of the civilian population from the dangers posed by military operations is only possible if the belligerents can distinguish between the civilian population and those directly involved in hostilities (combatants).

Under international humanitarian law, the parties to the conflict are obliged to distinguish at all times between civilians and combatants and to take all feasible precautions to spare the civilian population. At the same time, if the civilian population is provided with the conditions of protection from violence and attacks from the enemy, then this implies that it is not involved in the conflict.

Contemporary international humanitarian law prohibits acts of violence or threats of violence with the primary purpose of terrorizing the civilian population.

International humanitarian law provides for restrictions on the means and methods of conducting military operations. The main principle the conduct of hostilities states: the right of the parties to the conflict to choose the methods or means of warfare is not unlimited.

Progress in the development of new means of warfare requires constant improvement of the legal basis for their use. International humanitarian law, the basic documents of which have been ratified by almost all states of the world, restricts the right of parties to use certain methods and means of warfare and obliges everyone who takes part in hostilities to follow the rules that regulate relations between the parties to an armed conflict and to provide protection those who do not take part in it.

All persons who do not take a direct part or cease to take part in hostilities, regardless of whether their freedom is restricted or not, have the right to respect for their person, their honor, their beliefs and their religious practices. In all circumstances, they are treated humanely and without any adverse distinction. It is forbidden to give an order not to leave anyone alive.

2. Without prejudice general provisions above are prohibited and will remain prohibited at any time and in any place the following actions in relation to the persons referred to in paragraph 1:

a) encroachment on the life, health, physical and mental state of persons, in particular murder, as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

b) collective punishment;

c) taking hostages;

d) acts of terrorism;

e) abuse of human dignity, in particular humiliating and insulting treatment, rape, forced prostitution or any form of indecent assault;

f) slavery and the slave trade in all their forms;

g) robbery;

h) threats to commit any of the above actions.

3. Children are provided with the necessary care and assistance, and in particular:

a) they receive education, including religious and moral education, according to the wishes of their parents or, in the absence of parents, those persons who are responsible for their care;

(b) All necessary measures are being taken to facilitate the reunification of separated families;

(c) Children under the age of fifteen are not recruited into armed forces or groups and are not allowed to take part in hostilities;

(d) The special protection afforded by this article in respect of children under the age of fifteen shall continue to apply to them if they take a direct part in hostilities, contrary to the provisions of subparagraph (c), and are captured.

(e) Where necessary, and where possible with the consent of their parents or those who, by law or custom, have primary responsibility for their care, arrangements are made to temporarily evacuate children from the war zone to a safer area inland, while ensuring release their persons responsible for their safety and well-being.

Progress in the development of new means of warfare requires constant improvement of the legal basis for their use. For example, the use of asphyxiant gases during the First World War led to the realization of the special danger of this type of weapon and its prohibition in 1925.

Adopted at the end of the XIX - beginning of the XX century. the documents concerning the limitation of the means and methods of conducting military operations, as new types of weapons emerged, were supplemented by the provisions of the conventions, mainly aimed at prohibiting bacteriological and chemical weapons or means of influencing the environment.

The limitation of methods and means of warfare provides for:

Prohibition of indiscriminate attacks

The purpose of this limitation is to exclude the use of those methods and types of weapons that do not have sufficient accuracy to draw the necessary distinction between military objectives and civilians and objects, as well as those whose impact cannot be limited in time and space.

Prohibition of attacks that, as far as possible, settlements or harm civilian objects

Geneva Protocol prohibiting the use in time of war of asphyxiant, toxic or similar gases and bacteriological weapons of June 17, 1925, there, which would be excessive in relation to the specific and direct military advantage that the attackers intend to obtain.

This provision also applies to land mines. Mines are the deadliest weapon today. They strike blindly and inflict severe suffering and wounds on their victims. Within a radius of 30 meters they kill, within a radius of 100 meters they cripple. Most of the mine victims are civilians. Many mines are designed in such a way that they are almost impossible to neutralize, most of them lack a self-destruction mechanism. They are extremely difficult to find. They are often installed in quantities that do not correspond to military necessity. Mines really begin their deadly work just when conflicts are over. Experts estimate that on average there is one mine for every 20 children in the world.

Anti-personnel mines planted during World War II continue to kill and maim people today, 55 years after its end. One of the main obstacles in organizing demining is its cost. Clearing a mine, which cost $ 3 to produce, can cost $ 1,000.

Manifestation of concern for the protection of the natural environment during the conduct of hostilities.

The modern concept of environmental protection assumes that in the conduct of hostilities, care must be taken to protect the natural environment from extensive, long-term and serious damage in order to preserve the health or survival of the population. Thus, in 1976, the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment was adopted. It has banned the use of incendiary weapons against forests and other green spaces.

Prohibiting the use of civilian famine as a method of warfare. Objects necessary for the survival of the civilian population (for example, food supplies, crops, livestock, drinking water supply and drinking water supplies, irrigation facilities, etc.) must not be attacked, destroyed, removed or rendered unusable.

Prohibition of hostilities based on treachery. Acts of treachery are defined as actions aimed at deceiving an adversary to believe that he is entitled or obliged to provide such protection in accordance with international humanitarian law.

Therefore, the deliberate abuse of recognized emblems (red cross and red crescent, white flag, protective emblem of cultural property and other generally accepted protective signs) is prohibited. It is also prohibited to use national symbols (flags, military emblems, uniforms, etc.) of the enemy side, as well as national symbols and emblems of states that are not parties to the conflict during an attack or defense or to cover up hostilities.

International humanitarian law, the basic documents of which have been ratified by almost all states of the world, restricts the right of parties to use certain methods and means of warfare and obliges everyone who takes part in hostilities to follow the rules that regulate relations between the parties to an armed conflict and to provide protection those who do not take part in it.

· The convention "on the prohibition of the conduct of air warfare" has not been adopted, because many military objects are disguised as civilians and are often concentrated near civilian objects. During aerial bombardment or aerial bombardment, it is almost impossible to hit only a military object without hitting a civilian one.