Protection of civilians

Today civilians account for the vast majority of the casualties in armed conflict

The concept of ‘protection’ has been relatively straightforward, rooted in IHL’s

protection of civilians from the consequences of war

Examples

• Balkans;

• Rwanda;

• Libya;

• Syria;

• Afghanistan;

• Somalia;

• Soudan;

• DRC.

Civilian Targets

intentional civilian targeting

unintended civilian casualties

The ways to protect civilian populations in armed conflict:

Enhancing compliance of parties to the conflict with their obligations under international law, in particular the conduct of hostilities;

Engagement with non-State armed groups (NSAGs);

Protecting civilians through UN peacekeeping and other relevant missions;

Humanitarian access;

Enhancing accountability for violations.

UN Security Council’s role in protection of civilians

The adoption of resolution 1973 in March 2011 regarding the situation in Libya represented a new step in the implementation of the protection of civilians by the Security Council. It was the first time that the SC gave a blanket authorization for the use of force in order to protect civilians. Until then, such authorization for humanitarian reasons was either limited in time (two months under resolution 929 for the Turquoise operation in Rwanda in 1994), or in scope (protection of humanitarian convoys under resolution 770 (1992) in Bosnia);

UN Security Council holds a six-monthly public debate on the issue of the protection of civilians.

The protection of civilians should be viewed from various angles:

Access to civilians - humanitarian access;

In peacekeeping operations;

Specific groups of civilians: women and children; journalists.

Access to civilians - humanitarian access

It must be possible to allow unhindered distribution of humanitarian aid

Protection of humanitarian personnel

UN peacekeeping operations

protect civilians under imminent threat of physical danger;

prevent and respond to sexual violence;

facilitate the delivery of humanitarian assistance;

ensure security in and around camps for refugees and security for the persons living there;

create conditions conducive to their voluntary and safe return.

9 peacekeeping operations have been mandated by the Security Council to protect civilians:

MONUSCO in the Democratic Republic of Congo;

MINUSMA in Mali;

UNOCI in Côte d’Ivoire;

UNMIL in Liberia;

UNAMID in Darfur;

UNISFA in Sudan;

UNMISS in South Sudan;

MINUSTAH in Haiti;

UNIFIL in Lebanon.

Human rights and Humanitarian Law in Protecting Civilians in Conflict

Protection of human rights is one of the basic principles of the international system under the United Nations: their protection has been sanctioned in The Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948. Principles stated in the Declaration have been upheld by the international community ever since and led to various sanctions against states that fail to protect or violate them.

The following human rights provisions are the most relevant in respect to protection

of civilian population:

the principle of human dignity;

the principle of non-discrimination;

the right to life, liberty and security of person;

the prohibition of slavery or servitude;

the prohibition of torture or cruel, inhuman or degrading treatment or punishment.

All parties to the conflict are responsible for ensuring that the civilian population is respected and protected;

The language of ‘civilian protection’ is now embedded in the majority of the UN peacekeeping mandates;

It is also a response to the scale and complexity of protection challenges in the Balkans, Rwanda, Darfur and Libya - each of which has clearly demonstrated that threats to civilians are complex and dynamic and that no single international actor is capable of mitigating them without significant support from other institutions.

Specific groups of civilians: women and children

Women and children are particularly vulnerable and haveunfortunately become the most targeted victims. In addition,sexual violence is used in many armed conflicts as a weapon ofwar against civilians, and women are particularly affected

Another specific group - journalists

There are intentional attacks against journalists, mediaprofessionals and associated personnel in situations ofarmed conflict