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Publication date: 03.06.2024
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Publication date: 03.06.2024
Legal Issues of Human Rights Protection during Military Operations
Introduction
During wartime, the protection of human rights becomes particularly relevant, as armed conflicts are often accompanied by serious violations of these rights. International humanitarian law (IHL) and international human rights law (IHRL) provide a legal framework for the protection of civilians and prisoners of war. In this article, we will analyze the main legal aspects of human rights protection during hostilities.
Key International Documents
Geneva Conventions
- Geneva Conventions of 1949: The four Geneva Conventions are the basis of IHL, governing the protection of prisoners of war, wounded and sick military personnel, as well as civilians during armed conflicts.
- Additional Protocols of 1977: Protocols I and II supplement the Geneva Conventions and regulate the protection of victims of international and non-international armed conflicts, respectively.
International Human Rights Law
- International Covenant on Civil and Political Rights (ICCPR): Provides protection for fundamental human rights that must be respected even during emergencies.
- International Covenant on Economic, Social and Cultural Rights (ICESCR): Guarantees the protection of social and economic rights that may be violated during armed conflicts.
- European Convention on Human Rights (ECHR): Provides protection of human rights in Europe, including during armed conflicts. You may be interested in the following articles: legal advice, legal advice, document analysis, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Protection of Civilians
IHL principles
- Principle of Non-Discrimination: Prohibits attacks on civilians and objects, directing military action only against combatants and military objectives.
- Principle of Proportionality: Requires that harm to civilians and objects not be excessive in relation to the expected military advantage.
- Principle of Humanity: Prohibits cruel treatment, torture and other inhumane acts against civilians and prisoners of war.
Responsibilities of the belligerents
- Ensuring humanitarian assistance: The warring parties should ensure that humanitarian organizations have access to civilians in need of assistance.
- Evacuation of the victims: The belligerents must ensure the evacuation of wounded and sick civilians from the combat zone.
Protection of prisoners of war
Fundamental Rights
- Decent treatment: Prisoners of war have the right to be treated with dignity, which excludes torture, cruel or degrading treatment.
- Medical care: Prisoners of war should be provided with necessary medical care.
- Contact with family: POWs have the right to maintain contact with their families through correspondence or other means of communication;
Role of International Organizations
International Committee of the Red Cross (ICRC)
- Monitoring compliance with IHL: The ICRC monitors compliance with IHL and provides assistance to victims of armed conflict.
- Mediation and negotiation: The ICRC can mediate in negotiations between belligerents to ensure compliance with humanitarian law.
