Where is R2P grounded in international law? Anne-Marie Judson A ...

wounded, sick, infirm, aged, children and pregnant women. They will also ensure that
they will protect as necessary ministers of all religions, medical personnel and medical
equipment on their way to neutral zones. 252 Responsibilities include the access of
passage for consignments of medical and hospital equipment, objects for rituals,
religious worship intended for civilians as well as foodstuffs, clothing and medicine for
children under fifteen and for pregnant mothers. 253 Considerations attached to the
consignments include fear of diversions from the destination, control which may not
be effective, or an advantage which may be given to the enemy if they let them
through. The power that permits the passage may prescribe arrangements to ensure
that the consignment reaches its destination.
SPECIAL PRIVILEGES ARE ASSIGNED TO WOMEN AND CHILDREN
Children are given special privileges; if they are orphaned or separated from their
parents they are not to be left to their own devices. The parties to the conflict must
ensure their wellbeing, maintenance, religion and their education at all times. If the
children are moved to a neutral zone for their protection it must be under safeguards.
The children must be identified with identity badges and the parents must be
contacted and informed of their whereabouts without delay. 254 The occupying power
must ensure the proper working condition of all institutions devoted to the care of
children. It must not change the names of children or their personal status or enlist
them in formations or organisations subordinate to them.
They must ensure adequate measures for maintenance and education with the child’s
own nationality, language and religion being primarily taken into consideration. 255
Women are also afforded special protection including being protected from rape,
attack, enforced prostitution or any other indecent assault. All protected persons are
entitled at all times to have respect for health, honour, family rights, religion,
practices, manners and customs. At all times protected persons must be protected
against violence, attack, or threats against insults and public curiosity. 256 Protected
persons are not to be compelled to enlist or serve in the forces of the occupying power.
252 Article 17, page 5
253 Article 23, page 6
254 See articles 24 paras 1 to 4, pages 6 and 7, also article 25, page 7
255 Article 50, paras 1 to 4, page 11
256 Articles 25, page 7, article 27, paras 1 to 3, and article 29 page 7
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