Untitled

Podujevo 1999 – Beyond Reasonable DoubtIn view of the fact that on the territory of the Federal Republic of Yugoslaviaa state of war existed between the security forces of the Federal Republicof Yugoslavia and the NATO Coalition forces, and upon the territory ofKosovo internal conflicts as well, all participants were obliged to respect theprovisions of the said Geneva Convention. Protocol Additional (I) of the GenevaConvention dated 12 August 1949, in Article 51, prescribes the protectionof the civilian population and in Articles 76 and 77 prescribes specialprotection of the women and children. Thus Article 51, Paragraph 1 ofthis Protocol prescribes that the civilian population and individual civiliansshall enjoy general protection against dangers arising from military operations.To give effect to this protection, the following rules, which are additionalto other applicable rules of international law, shall be observed in circumstances.Paragraph 2 prescribes that the civilian population as such, aswell as individual civilians, shall not be the object of attack. Acts or threatsof violence the primary purpose of which is to spread terror among the civilianpopulation are prohibited. Paragraph 3 states that the civilians shallenjoy the protection afforded by this section, unless and for such time asthey take a direct part in hostilities. Article 76 of the same Protocol statesthat women shall be the object of special respect and shall be protected inparticular against rape, forced prostitution and any other form of indecentassault. Article 77 of this Protocol defines the protection of the children sothat Paragraph 1 defines that the children shall be the object of special respectand shall be protected against any form of indecent assault. The partiesto the conflict shall provide them with the care and aid they require,whether because of their age or for any other reason.Protocol 1 is applicable to situations envisaged by Article 2 of the GenevaConventions dated 12 August 1949 which points to its application in timesof declared war and any other armed conflict of international character. Becauseof that, in view of the existence of the state of war on the territory ofthe Federal Republic of Yugoslavia, every member of the armed forces isobliged to respect the provisions of this protocol, particularly those envisagedfor the protection of the civilians, particularly women and children.Beside the fact that there existed a state of war, it was determined that aninternal conflict existed as well. This fact indicated the respect of the provisionsof Protocol II of the Geneva Conventions dated 12 August 1949 and relativeto the protection of victim of non-international armed conflicts. Article319