Civilians
Protective emblems, signs & signals
Journalists
Missing and death persons
Protected areas and zones
Protected objects and property
Protected persons
Protection from persecution
[...]
Protected areas and zones
Humanitarian law defines areas or zones within which protection will be provided for populations in danger and in which no fighting may take place. The Geneva Conventions make a specific distinction between:
Gathering vulnerable populations into these “protected” locations may actually result in increasing their vulnerability and the dangers they face. For instance, they may find themselves exposed—defenseless—to military operations. It is therefore crucial to establish, firmly and precisely, who has the legal and military responsibility to protect these zones and persons.
Specific conditions must be met to ensure that a locality can be defined as non-defended:
Safe area/Safe Haven. This concept was used by the United Nations in the Republic of Bosnia and Herzegovina. The aim was to prohibit any military activities inside and around these areas and to allow the deployment of UN troops, which was meant to ensure delivery of humanitarian assistance. This system was set up on the basis of Chapter VII of the UN Charter, which makes them mandatory for all States, and were not subject to an ad hoc agreement between the parties to the conflict. Later, and also adopted under its Chapter VII mandate, the Security Council authorized the UN troops to use force to “deter attacks against the safe areas.”
This system and the military means failed to make the parties to the conflict respect the safe areas. The UN troops whose mission it was to protect the safe haven Srebrenica did not resort to force to protect the civilians, as their mandate authorized. Some 8000 Bosniaks were murdered.
Secure humanitarian areas. This concept was used by the United Nations in Rwanda. It allowed UN troops to establish, maintain these secure humanitarian areas. The troops were also mandated to use force to protect the populations at risk, UN and other humanitarian personnel, or the means of delivery and distribution of humanitarian relief. Yet, the only “secure humanitarian area” that was created in Rwanda was established by the French army, backed by the UN Security Council. The authority of a foreign State to create this zone was based on a UN resolution under Chapter VII of the UN Charter in order to contribute to “the security and protection of displaced persons, refugees and civilians at risk”. The French, Senegalese, and Mauritians who participated in this operation were authorized to use force to protect this zone.
However, the French army withdrew and was replaced by UN troops under a different mandate. The population that was still gathered in this area was subject to attacks and killings by the Rwandan army. Six thousand to eight thousand disappeared. Once again, the responsibilities of the UN force were not specific enough with regard to the protection of the population to prevent these massacres.
- non-defended localities;
- hospital zones and localities;
- hospital and safety zones and localities;
- neutralized zones;
- demilitarized zones.
Gathering vulnerable populations into these “protected” locations may actually result in increasing their vulnerability and the dangers they face. For instance, they may find themselves exposed—defenseless—to military operations. It is therefore crucial to establish, firmly and precisely, who has the legal and military responsibility to protect these zones and persons.
Nondefended localities
Inhabited places situated near or in a zone where armed forces are in contact with one another. These are non-defended, in order to prevent fighting from taking place there. The aim is to spare the civilian population and civilian objects and property that are there. It follows that it is prohibited for the parties to the conflict to attack such localities, by any means whatsoever. The designation and marking of a non-defended locality is regulated.Specific conditions must be met to ensure that a locality can be defined as non-defended:
- all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
- no hostile use shall be made of fixed military installations or establishments;
- no acts of hostility shall be committed by the authorities or by the population; and
- no activities in support of military operations shall be undertaken.
Hospital zones and localities
These zones and localities aim to protect wounded and sick members of the armed forces, as well as the medical personnel assigned to each zone, from the effects of war. The warring parties must conclude agreements on mutual recognition of the hospital zones and localities they have created, which must be marked by the appropriate distinctive emblem.Hospital and safety zones and localities
The hospital and safety zones and localities are organized to protect the wounded, sick, and aged persons, children under fifteen, expectant mothers, and mothers of children under seven, as well as others. These localities should be foreseen in times of peace and agreed on between the adverse parties in times of war. Hospital and safety zones must be marked by means of oblique red bands on a white ground, placed on the buildings and outer precincts.Neutralized zones
Neutralized zones may be established in regions where fighting is taking place. Such zones are intended to shelter the following persons, without distinction, from the effects of war: wounded and sick combatants or non-combatants, and civilian persons who take no part in hostilities and who perform no work of a military character while they reside in the zones. Parties to the conflict, neutral States, or humanitarian organizations may take the initiative to create a neutralized zone. The parties to the conflict must conclude and sign a written agreement identifying the beginning and duration of the zone’s neutralization, as well as the details of its geographic location, administration, food supply, and supervision.Demilitarized zones
In these zones it is prohibited for the parties to the conflict to carry out military operations. Parties to the conflict are also prohibited from using these zones for any purpose related to the conduct of military operations. These zones must be established by an agreement, concluded either in peacetime or after the outbreak of hostilities. The party that controls a demilitarized zone must clearly mark it, to the extent possible, with the signs agreed on with the other party. To be qualified as “demilitarized,” a zone must meet the following conditions:- all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
- no hostile use shall be made of fixed military installations or establishments;
- no acts of hostility shall be committed by the authorities or by the population; and
- any activity linked to the military effort must have ceased.
Safe areas established by the UN Security Council
The above mentioned situations fall under the legal regime of the Geneva Conventions. It is crucial that in these instances agreements are made between the warring parties. In some situations however, countries may establish specially protected areas on the bases of a disputed United Nations Security Council resolution. However, when they impose unilaterally specially protected areas without the consent of all warring factions, these areas will not fall under the scope of the Geneva Conventios.Safe area/Safe Haven. This concept was used by the United Nations in the Republic of Bosnia and Herzegovina. The aim was to prohibit any military activities inside and around these areas and to allow the deployment of UN troops, which was meant to ensure delivery of humanitarian assistance. This system was set up on the basis of Chapter VII of the UN Charter, which makes them mandatory for all States, and were not subject to an ad hoc agreement between the parties to the conflict. Later, and also adopted under its Chapter VII mandate, the Security Council authorized the UN troops to use force to “deter attacks against the safe areas.”
This system and the military means failed to make the parties to the conflict respect the safe areas. The UN troops whose mission it was to protect the safe haven Srebrenica did not resort to force to protect the civilians, as their mandate authorized. Some 8000 Bosniaks were murdered.
Secure humanitarian areas. This concept was used by the United Nations in Rwanda. It allowed UN troops to establish, maintain these secure humanitarian areas. The troops were also mandated to use force to protect the populations at risk, UN and other humanitarian personnel, or the means of delivery and distribution of humanitarian relief. Yet, the only “secure humanitarian area” that was created in Rwanda was established by the French army, backed by the UN Security Council. The authority of a foreign State to create this zone was based on a UN resolution under Chapter VII of the UN Charter in order to contribute to “the security and protection of displaced persons, refugees and civilians at risk”. The French, Senegalese, and Mauritians who participated in this operation were authorized to use force to protect this zone.
However, the French army withdrew and was replaced by UN troops under a different mandate. The population that was still gathered in this area was subject to attacks and killings by the Rwandan army. Six thousand to eight thousand disappeared. Once again, the responsibilities of the UN force were not specific enough with regard to the protection of the population to prevent these massacres.