A House with Two Rooms - The Advocates for Human Rights

due to the national emergency. In such situations, individuals are left with only limited international
humanitarian and human rights protections. 144
B. Principal Instruments of IHL 145
i. The Early IHL Instruments
The Hague Convention (including the Convention for the Protection of Cultural Property)* (1899;
1954). In 1899, 146 at the First Hague Peace Conference, a group of nations met with the primary
goal of establishing a system for resolving disputes without resorting to warfare and a secondary goal
of setting rules regarding the conduct of war. 147 The notion of agreeing prospectively to submit
disputes to arbitration proved to be unpopular, but the Conference’s attendees were more willing to
discuss proposals related to the conduct of war. 148
The result of this conference was a set of regulations addressing land combat between nations
at war. 149 Section I attempted to draw the lines between “belligerents,” “prisoners of war,” and
others, and established rules for how prisoners of war and the sick or wounded should be treated
(the goal being “humane” treatment). 150 Section II set limits on the means and practice of warfare,
including conduct during hostilities, and practices concerning spies, surrender, and armistices. 151
Certain practices were specifically banned, including the use of poison, “kill[ing] or wound[ing]
treacherously,” killing or wounding an enemy who has surrendered, using any weapon that would
“cause superfluous injury,” giving orders not to take any prisoners, and attacking undefended towns
or villages. 152 Section III requires that occupying forces restore public order and refrain from looting
or pillaging; most interestingly, this section states that life and religion must be “respected.” 153 Finally,
Section IV allows neutral states to detain “belligerent” forces (it also requires the detaining state to
provide food and clothing for detainees) and permit sick and wounded into their territories. 154
In 1954, an additional instrument titled the Convention for the Protection of Cultural Property
(“CPCP”) was added to the Hague Convention regime. Prompted by the massive destruction of
cultural properties in World War II and other conflicts, the CPCP sought to protect cultural property
of all kinds, including buildings with historical and/or architectural value. 155 The CPCP is one
of the few instruments that applies to non-international armed conflicts, unlike the 1899 Hague
Convention, which binds only states involved in international conflicts. 156 Specifically, Article 19 of
the CPCP states that “in the event of an armed conflict not of an international character” occurring
within the territory of a State Party to the CPCP, any party to the conflict is bound by the CPCP
provisions mandating respect for cultural properties. 157
ii. The Geneva Convention and Additional Protocols
536