10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

10.1 INTRODUCTIONThis Chapter addresses protection of civilians in the hands of a party to an internationalarmed conflict. In particular, the Chapter addresses civilians who are interned in the hometerritory of a belligerent or occupied territory.Rules for the protection of civilians in the conduct of hostilities are addressed in ChapterV. Rules for the protection of civilians that are specific to occupied territory are addressed inChapter XI, while rules that apply to both civilians in occupied territory and civilians in abelligerent’s home territory are addressed in this Chapter.10.1.1 Interpretation and Application of the GC. The GC underlies most of theinternational law rules applicable to the United States for the treatment of civilians in the handsof a party to the conflict.As with the GPW, the GC’s provisions should be interpreted in light of the principles thatunderlie the treatment of civilians and, in particular, in light of the goal of advancing the humanetreatment of protected persons. 1 The subsequent practice of States in applying the GC could alsoassist in interpreting its provisions because States’ decades of experience in applying the GCmay be very helpful in understanding its requirements. 210.1.1.1 GC – Notes on Terminology. In the GC, protected persons does notsimply refer to persons who are “civilians” in the sense of not being members of the military;rather, protected persons refers to persons who are protected by the GC in connection withinternational armed conflict or occupation. 3In the GC, internees refers to protected persons who are interned.In the GC, the Detaining Power refers to the State that holds the internee.In the GC, the Protecting Power refers to a neutral State that helps implement the GC. 410.1.1.2 Special Agreements Under the GC. Under the GC, States may concludea variety of special agreements during international armed conflict to facilitate the protection ofcivilians. The GC specifically provides for agreements:• to entrust to an effective and impartial organization the duties of the Protecting Powers; 5• to establish and recognize civilian hospital zones and localities; 61 Refer to § 9.1.2 (Interpretation and Application of the GPW).2 Refer to § 1.7.4 (Use of Certain Subsequent Practice in Treaty Interpretation).3 Refer to § 10.3.1 (Protected Person – Notes on Terminology).4 Refer to § 18.15.1.1 (Protecting Power Under the 1949 Geneva Conventions).5 Refer to § 18.15.2.1 (Agreement for an Impartial and Effective Organization to Perform Protecting Power DutiesUnder the 1949 Geneva Conventions).645

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!