Publication date: 05.06.2024
Lawyer
Legal mechanisms for ensuring the safety and protection of persons under the influence of occupation or armed formations in the war zone
During an armed conflict, the civilian population, which finds itself under the control of occupying or armed formations, is in a particularly vulnerable position and needs enhanced legal protection. Consultation of a lawyer and careful analysis of documents are absolutely necessary to ensure the safety and respect of the rights of such persons.
According to the norms of international humanitarian law, in particular the Geneva Conventions and Additional Protocols, the occupying state or the armed forces that actually control a certain territory are responsible for protecting the civilian population and ensuring their basic rights and freedoms.
The legal opinion on this issue should be based on the principles of humanity, non-discrimination and respect for human dignity. Any cruel or degrading treatment of civilians under the control of the occupying forces is prohibited.
The lawyer's legal opinion must clearly state that the deportation or forcible transfer of civilians from the occupied territories is illegal and is considered a serious violation of international humanitarian law. Repression, hostage-taking and collective punishment of civilians are also prohibited.
During the consultation, the lawyer must explain to the persons under the control of the occupying forces or armed formations their rights and the available legal protection mechanisms in wartime conditions. This may include appeals to international humanitarian organizations such as the International Committee of the Red Cross, UN human rights monitoring missions or international judicial bodies.
The legal opinion should also address the issue of ensuring the basic needs of the civilian population by the occupying forces or armed formations, including access to food, water, medical care and the creation of safe conditions for the provision of humanitarian aid.
The lawyer's legal opinion should contain recommendations on the procedure for documenting cases of violation of the rights of civilians, collecting evidence, eyewitness testimony, and preserving traces of possible crimes. A thorough analysis of the documents is critical to bringing the culprits to justice in the future.
During the consultation, the lawyer should also pay attention to the need to cooperate with international human rights mechanisms, such as the UN Human Rights Council, special investigative missions and the International Criminal Court, to ensure oversight and prosecution of violations of international humanitarian law.
The legal opinion must take into account the specific challenges faced by civilians under the rule of occupying forces or armed groups, such as limited freedom of movement, lack of access to justice, threats to life and security.
The lawyer's legal opinion should focus on the importance of providing safe evacuation corridors and creating demilitarized zones to protect the civilian population in accordance with international humanitarian law.
