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

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

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No propaganda or pressure <strong>is</strong> allowed aimed at secur<strong>in</strong>g voluntary forces. Work <strong>is</strong> not<br />

permitted for children under the age of 18 years of age and under no circumstance<br />

may protected persons be transferred to a county where they may have reason to fear<br />

persecution for their political op<strong>in</strong>ions or religious beliefs. 257 Individual or mass<br />

forcible transfers or deportations are not permitted regardless of the party motive. The<br />

party may make partial or total evacuation of an area if the security of the population<br />

<strong>is</strong> be<strong>in</strong>g underm<strong>in</strong>ed. Persons removed will be returned as soon as conditions permit.<br />

When undertak<strong>in</strong>g evacuation the party must ensure proper accommodation and<br />

conditions necessary for good health and safety and nutrition of the people. Families<br />

must not be separated at any time and the party must not deport or transfer parts of<br />

their own population <strong>in</strong>to any territory that they occupy. 258<br />

Private property, personal property belong<strong>in</strong>g to <strong>in</strong>dividuals, collective units, the state,<br />

public authorities, and social or co-operative organ<strong>is</strong>ations are protected from<br />

destruction unless such destruction <strong>is</strong> rendered absolutely necessary for military<br />

operations. If the whole of an occupied territory or part of its population <strong>is</strong><br />

<strong>in</strong>adequately supplied, the occupy<strong>in</strong>g power must agree to relief schemes on behalf of<br />

all the population <strong>in</strong> question. It must facilitate these schemes by any means at their<br />

d<strong>is</strong>posal. These m<strong>in</strong>imum necessities must be free from tax, charges or customs,<br />

<strong>in</strong>clud<strong>in</strong>g all consignments that are protected under th<strong>is</strong> Convention as supply<strong>in</strong>g the<br />

population with the bare necessities for survival. The occupy<strong>in</strong>g power must<br />

guarantee free passage and their protection and has the right to search the<br />

consignments and regulate the passage accord<strong>in</strong>g to prescribed times and routes. 259<br />

The representatives of religious organizations, relief societies or any other<br />

organization that <strong>is</strong> ass<strong>is</strong>t<strong>in</strong>g protected persons, must be able to d<strong>is</strong>tribute relief<br />

supplies and material from any source, <strong>in</strong>tended for educational, recreational or<br />

religious purposes. They may only be h<strong>in</strong>dered to the extent that it does not affect the<br />

supply of effective and adequate relief to all protected persons. 260 Representatives are<br />

allowed access <strong>in</strong>clud<strong>in</strong>g to detention, <strong>in</strong>ternment or work places. Access must not be<br />

257 Articles 44 and 45 para 3, page 10 <br />

258 Articles 48 and 49, paras 1 to 6, page 11 <br />

259 See articles, 51, 52, 53 and 59 pages 12 to 13 <br />

260 Article 142, part iv, section i, page 32 <br />

<br />

82

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