Humanitarian Law Specific Protections - Essay Example

Specific protections afforded to medical personnel, clergymen and journalists under international humanitarian law. One of the most fundamental aspects of international humanitarian law is the distinction between civilians and people who are engaged in some kind of combat. As per the law protection is given to all civilians as well as civilian objects. Moreover the international humanitarian law specifically mentions about certain types of civilians who will be given protection also. The term special protection includes two types of elements they are respect and protection. The law aims not only for the protection of a person or an object for an attack but also includes special measures to ensure respect. Giving special protection to specifically listed persons can be traced from the earlier versions of humanitarian laws. There has been extensive as well as futuristic development of treaty rules pertaining to this area of special protection till now. To this effect the Geneva conventions along with the Hague regulations have a status which is purely customary. The various laws framed for the protection of specific persons are the Lieber code of 1863 which included rule for protection of hospitals as well as cultural property. The Geneva Convention of 1864, had rules for the safety of medical personnel, transport and equipment. The 1899 and 1907 Hague regulations containing rules to exclude edifices related to religion, art, science, charity, and hospitals etc. The 1907 Hague convention also contained rules to spare historic monuments form bombardment. Moreover the two Hague conventions also contained directions not to target journalists at the time of war. The 1949 Geneva Convention had many provisions that exclude targeting of specifically listed persons as well as objects. The Geneva Convention I also contained specific provisions to protect hospitals, ships used as hospitals and medical people and equipments. The Geneva Convention IV includes detailed regulations concerning hospital zones, safety zones and civilians who are not yet occupied from the effects of the war. The Geneva convention I also includes regulations for the protection of national Red Cross societies and other voluntary aid organizations. However the four Geneva conventions do not include any special provisions regarding journalists. The third convention contains a statement that the war correspondent if captured should enjoy the status of a POW. No provisions are there which avoids a journalist from targeting. The Geneva Convention has included provisions regarding protection of women and her honour particularly from atrocities like rape etc. Provisions regarding protection of medical personnel, religious clergy, medical transports and medical units are contained in rules 27 to 29. Although these are general rules concerning the safety of these specific persons, each rule includes extra special protection regulations and directions incorporated from additional protocol I. The five rules meant for protection of medical personnel, religious clergy and objects are considered customary in state practice. Moreover additional protections mentioned in the protocol I are also included to these rules. It is sure that theses rules are also applied to non international armed conflict. The article 9 in additional protocol II says that the medical and religious personnel should be respected as well as protected and all necessary help should be provided for the performance of their duties. Moreover article 12 says that the respective emblems like Red Cross, red lion, sun etc should be displayed on the vehicles for easy identification. The rule 26 depicts that punishment given to a person for performing medical duties is against ethics and will be prohibited. The rule clearly gives direction that no medical personnel should be compelled to do some acts which are against medical ethics. This rule departs from the main aspect of protection which is specific. The rule mainly focuses on duties of medical people. The part 1 of the rule can be seen in the Article 18(3) of the first Geneva Convention. This article states that no one should be molested or convicted for having nursed the sick or injured. This provision can be also seen in the Hague convention. Reflections of this rule can be seen in many military manuals of countries like Argentina, Spain, Holland, Senegal etc. they directs that a medical person should not be compelled to do acts that are against the common medical ethics. The rule 30 contains provisions which prohibit attacks on medical and religious personnel and objects that display emblems recognized by the Geneva Convention are prohibited. Such attacks are treated as war crimes in international as well as non international conflicts. This rule is mainly intended towards prohibiting the attacks on specially protected persons as well as objects. Such attacks are normally treated as war crimes as per the Rome statute. It is applicable to both national and international conflicts. As per a report published in 1919 on the red cross which depicted unlawful actions against the organisation in the First World War. This tempted the world powers to implement this rule strictly. Moreover the persuasive actions of the Red Cross and the Red Crescent also helped to secure the importance of this rule. This law may not be strictly followed in the non international conflicts. But when it comes to international conflicts, it is followed strictly. Rule 31 and 32 contains directions to protect and to respect humanitarian relief personnel and their objects. These sections were included in the Geneva Convention of 1906. Moreover there are provisions in the Geneva conventions I and II with regard to special protection to aid organizations. There are also provisions in the Geneva Convention I and II for the protection of aid society groups upon the condition that they obtain the consent of the confrontational party in whose territorial land they are functioning. Consent should be obtained in order to perform the functions and thereby obtain protection. Relief activities, medical activities, delivery of relief consignments etc are dealt in Articles 70 and 71 of the additional protocol I. another interesting point to be noted is that the two rules 30 and 31 does not mention the aspect of consent. They contain only obligatory language related to respect and protection. Another important aspect in this regard which is worth noting is that the two statutes in Yugoslavia and Rwanda did not contain any type of provisions related to violation concerning humanitarian assistance. However the Rome statute includes some provisions treating such incidents as war crimes. Rule 33 contains provisions concerning personnel; and their objects engaged in peace keeping missions. An attack on them is prohibited as per the rule. These rules are mainly for United Nations personnel. The rule 34 contains provisions regarding protection of journalists in the war zone. Every journalist should be protected and respected while performing his duties in the war zone. This section also contains the difference between war correspondents and civilian journalists. The rule 34 mainly deals with civilian journalists only war correspondents get attention very rarely. This is very close to article 79 of the additional protocol I. of the Geneva Convention. The war correspondents have prisoners of war status. Journalist who are engaged in professional missions in war zones are entitled to protection that are given to ordinary civilians. They are exempted form being a military target. The additional protocol II for protection of journalist in a non international conflict does not contain any specific directions. However it is presumed that those captured will be treated as ordinary civilians and will be exempted from attacks as according to article 13. There is a never ending question regarding the rule which reflects article 79 of the additional protocol I. the question is that whether it is customary in international law regarding treating journalists as civilians even though they are embedded with the military. However in the customary practice it is viewed that these persons should be treated as civilians and should be exempted from targeting even though they are embedded with the military. Rule 35 of the act prohibits attack on a zone where the wounded are sheltered. This includes the military personnel as well as civilians. The Geneva Convention I have granted special protection to hospitals and special protection zones from attacks. But the rule does not include the Geneva Convention condition which describes that the zone should not be in an area where attacks against military objectives cannot endanger their safety. This rule also does not include the conditions in Geneva conventions I and II that the parties should terminate agreements on the mutual recognition of these zones and areas (Dr. Breau). The international humanitarian law gives special protection to all medical property and personnel who risk their lives in serving the civilians and the combatants with equal care. Rules framed to this regard prohibit all kinds of aggression against these parties during times of armed conflicts. During periods of war health system collapses, this results in more casualties. To avoid this proper protection should be given to medical personnel so that they can reach the most affected areas and provide services in quick time. Protection is given to personnel, equipments, properties, transport facilities and to other important things necessary for survival. The article 37 of The Hague law of 1907 gives emphasis for protection to medical personnel. The law states that all necessary steps should be taken to protect these personnel and their installations. Under articles 24, 25 of the first Geneva convention, 15 Additional Protocol I etc, all medical and religious personnel of the parties to the conflict whether they are civilian or military shall be protected, respected and given all necessary help for discharging their duties in the conflict zone. For enjoying such protection, the International Humanitarian Law stipulates that these persons should be engaged continuously in providing medical assistance to the sick and wounded people in the war zones. It is to be noted that such protection will not end even if the personnel fall in the hands of the adverse party. If they fall the provisions of the Geneva Convention of 1949 will come into effect. As per Articles 28 of the first Geneva Convention, 37 of the second Geneva Convention, and article 33 of the third Geneva Convention, these personnel can be retained as the state of health and the spiritual needs of the prisoners of war requires. As per article 14 of Additional Protocol I, the international human rights law (IHL) ensures that the medical needs of wounded and sick civilians is ensured (Protection of Medical Personnel and Property).. It is true that the right of journalists to freely exercise their profession in war zones is not addressed by any international humanitarian laws. Therefore this does not come under the purview of the Red Cross. But the Red Cross takes active steps to ensure that the capture and disappearance of journalists during periods of war are properly addressed. A humanitarian consideration is given to tackle such situations. As per the international humanitarian laws, journalists are war correspondents and ordinary journalists engaged in collecting news form the war front. War correspondents do the most dangerous job by following soldiers to the combat zone without being active members of the military. These persons are given the same statue and protection of prisoners of war if captured. The ordinary journalists who are engaged in the war front gets the normal protection accorded to civilians upon the condition that no action is taken by them to risk their civilian status. Upon capture, local journalists arrested by the own authorities are subject to the rules and regulations of their own country. If they are arrested by the foreign country, they are protected by different legislations of the international humanitarian laws that are related to the fourth Geneva Convention as well as in Additional Protocol I (Media and international humanitarian law). Rule 27 of the international humanitarian law exclusively deals with the treatment of religious personnel or clergy during times of conflict. The rule states that religious persons who are specifically assigned to duties that are purely religious should be protected as well as respected in all circumstances or situations. However the rule also states that these persons would lose their protection given by the law if they commit some acts that are outside their normal humanitarian functions and also acts which are harmful to the enemy. Moreover rule 30 states that attacks that are directed against religious persons and their objects which display respective emblems of the Geneva Convention in accordance with the international law are prohibited (Customary International Humanitarian Law). Works cited Customary International Humanitarian Law. (online). Available: http://intraspec.ca/customary_law.php Dr. Breau. S.C. PROTECTED PERSONS AND OBJECTS Media and international humanitarian law. (online). Available:http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/section_ihl_media_and_ihl Protection of Medical Personnel and Property . (online). Available:http://www.diakonia.se/sa/node.asp?node=2742 Read More