Protected persons

The Geneva Conventions and their Additional Protocols apply to specific categories of persons, or victims. They define the rights and protections that must be respected and which each category is entitled to receive. A total of fifteen categories of protected persons can be identified in the case of international armed conflicts and five in non-international conflicts.

Unlike human rights law, humanitarian law does not establish universal rights. It defines categories of individuals that are granted with specific rights and protection. Mostly because these people are more exposed to the risks of armed conflict or because they are naturally more vulnerable.

The risk of this categorization is that certain individuals may not receive adequate protection if the actors in a conflict do not recognize them as belonging to one of the categories of protected persons. To counter this risk, humanitarian law also establishes certain fundamental guarantees that are applicable in time of conflict to everyone who does not or no longer participates in the hostilities.

An individual who has the status of a protected person has the right to special protection and reinforced relief. Individuals who cannot benefit from this status are nonetheless protected by the minimum rights and fundamental guarantees. Common Article 3 to the four Geneva Conventions establishes a less comprehensive set of minimum guarantees applicable at all times to all persons.

International Armed Conflict

In times of international armed conflict, humanitarian law provides fifteen categories of protected persons—four related to combatants and eleven concerning civilians:

1. The wounded and sick in armed forces in the field;
2. The wounded, sick, and shipwrecked members of armed forces at sea;
3. Medical and religious personnel attached to armed forces;
4. Prisoners of war;
5. Wounded and sick civilians;
6. Medical and religious civilian personnel;
7. Parliamentarians;
8. Personnel of civil defense organizations;
9. Relief personnel;
10. The civilian population and civilian persons. This category includes:

• the entire civilian population: all civilians must be protected against the effects of hostilities—in other words, they may not be the object of attack;
• civilians who find themselves in the hands of a party to a conflict or an occupying power of which they are not nationals;

Nationals of a State not party to the 1949 Geneva Conventions are not protected by the Conventions’ provisions and nationals of a neutral State who find themselves in the territory of a belligerent State, as well as nationals of an ally of the belligerent State, shall not be regarded as protected persons as long as their State of nationality maintains normal diplomatic representation with the State in which they find themselves.Additional Protocol I has relaxed the strict definition of the categories of protected persons and consolidated the provisions ensuring a minimal level of protection. It also establishes the fundamental guarantees that remain applicable to all victims of a situation of conflict who do not benefit from a specific, preferential regime or categorization.

1. Persons detained, interned, or otherwise deprived of liberty;
2. The population of an occupied territory;
3. Women;
4. Children;
5. Foreigners, refugees, and stateless persons.

Non-international armed conflict

In times of non-international armed conflict, humanitarian law defines five categories of protected persons and specific guarantees:

1. Everyone who does not or no longer participates in the hostilities must benefit from the minimum guarantees;
2. The civilian population and objects indispensable to their survival;
3. Persons deprived of their liberty for reasons related to the armed conflict;
4. Wounded and sick;
5. Medical and religious personnel.

The rights of protected persons

The Geneva Conventions establish specific rights for protected persons in terms of protection and assistance in times of international or non-international armed conflict. Withholding the status of protected persons constitutes a grave violation of humanitarian law.