International treaty law Hague Conventions The
Hague Conventions of 1899 and 1907 were one of the first multi-country
treaties to agree on rights for non-combatants. These meetings occurred in 1899 and 1907. Three treaties were signed and put into effect in 1899, including the treatment of
prisoners of war and the protection of
hospital ships. In 1907 thirteen additional treaties were signed. These cover regulations concerning the war on land, the
declaration of war, the rights and responsibilities of
neutral countries, and rights and restrictions during
naval war. Treaty II, Article 3 of the 1899 Convention maintains that surrendering
belligerent fighters are to be treated as prisoners of war unless they are out of proper uniforms (i.e.
spies). Article 13 of the same section declares that any other non-combatant or civilian affiliated with but not part of the belligerent military, such as reporters and contractors, have the same right to be treated as a prisoner of war. Article 25 of Treaty II states that undefended communities are protected from any form of attack. In addition to the above, Article 27 states that if any sieges do occur, places devoted to religion, charity or hospitals should be avoided if possible, as long as they have no strategic affiliations. Despite many nations signing at the Hague Conventions of 1899 and 1907, a number of the agreements were broken during
World War I, including sections from Treaty IV involving poisons and the attacking of undefended towns and villages. While some
Geneva Conventions occurred before the Hague Conventions, none touched on the rights of
protected non-combatants in the heat of
combat. The Geneva Conventions recognize and expand on many of the treaties signed at the Hague Conventions, particularly those involving the treatment of non-combatants. As a result, the regulations are still in effect today.
Geneva Conventions of 1949 The
Geneva Conventions started on April 21, 1949, and were concluded on August 12. The purpose of the Conventions was to establish protections afforded to protected non-combatants in wartime, including civilians under
military occupations and prisoners of war.
Additional Protocols of 1977 Article 42 of
Protocol I states that
aircrews who are parachuting from aircraft in distress cannot be attacked regardless of what territory they are over. If aircrews land in territory controlled by the enemy, they must be allowed to
surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape.
Airborne forces who are descending by
parachute from an aircraft, whether it is disabled or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent unless they are
hors de combat. Article 50 of Protocol 1 defines a civilian as a person who is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are
unprivileged combatants) and civilian populations. Article 54 deals with the Protection of objects indispensable to the survival of the civilian population and is categorical that "Starvation of civilians as a method of warfare is prohibited." Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the
Rome Statute of the International Criminal Court also prohibits attacks directed against civilians. While not all
states have ratified Protocol I or the Rome Statute, these provisions reiterated existing customary laws of war which are binding for all belligerents in an international conflict. Article 3 in the general section of the
Geneva Conventions states that in the case of armed conflict not of an international character (occurring in the territory of one of the High Contracting Parties) that each Party to the conflict shall be bound to apply, as a minimum, the following provisions to "persons taking no active part in the hostilities" (non-combatants). Such persons shall in all circumstances be treated humanely, with the following prohibitions: == Non-combatants and modern warfare ==