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35. Protection of civilians under international humanitarian law

The protection of civilians during armed conflict is therefore a cornerstone of international humanitarian law. This protection extends to their public and private property. IHL also identifies and protects particularly vulnerable civilian groups such as women, children and the displaced. Main aim of The 4th Geneva convention adopted in 1949 was protection of civilian population, before 1949 the Geneva Conventions protected wounded, sick, shipwrecked and captured combatants. The protection also included civilian property. Such protection was later reinforced with the adoption of the Additional Protocols to the Geneva Convention in 1977. IHL provides that civilians under the power of enemy forces must be treated humanely in all circumstances, without any adverse distinction. They must be protected against all forms of violence and degrading treatment, including murder and torture. Moreover, in case of prosecution, they are entitled to a fair trial affording all essential judicial guarantees. Protection also extends to medical units and humanitarian or relief bodies providing essentials such as food, clothing and medical supplies. Also IHL protects: forced displacements by intimidation, violence or starvation; states must take all appropriate steps to prevent the process of separation of families;

36.Main rules of international humanitarian law concerning means and methods of warfare

International law limits the methods and means used to wage war. These restrictions apply to the type of weapons used, the way they are used and the general conduct of all those engaged in the armed conflict. The main treaties placing limits on methods and means of waging war are the Hague Convention of 1907, the 1977 Additional Protocols to the Geneva Conventions and a series of agreements on specific weapons; Specific measures to limit the use of certain types of weapons include the 1997 Ottawa Convention on the prohibition of anti-personnel mines, the 2003 Protocol on explosive remnants of war (an addition to the 1980 UN Convention on Certain Conventional Weapons) and the 2008 Dublin Treaty banning cluster bombs.

In general terms, international humanitarian law prohibits means and methods that cause superfluous injury or unnecessary suffering. As a result certain types of weapons are not allowed and the way other weapons are used is restricted. There are rules on the misuse of flags of identification and the treatment of mercenaries; it is forbidden to order that there be no survivors in battle. Specific rules apply to demilitarized zones and non-defended areas.

37.War crimes under international humanitarian law: development and modern system

War crimes under international law were firmly established by international trials such as the 1945 Nuremberg Trials and the Tokyo trial of 1946, in which German and Japanese leaders were prosecuted for war crimes committed during World War II, but the notion of war crime was mentioned at the end of World war I. Such crimes are derived primarily from the Geneva Conventions of 12 August 1949 and their Additional Protocols I and II of 1977, and the Hague Conventions of 1899 and 1907. Their most recent codification can be found in article 8 of the 1998 Rome Statute for the International Criminal Court (ICC) “War crimes” include grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict and in conflicts "not of an international character" listed in the Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include: murder; mutilation, cruel treatment and torture; taking of hostages; intentionally directing attacks against the civilian population; intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals; pillaging; rape, sexual slavery, forced pregnancy or any other form of sexual violence; conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities.

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