ABSTRACT

The focus of this chapter is the international humanitarian law applicable to two categories of war victims: civilians and the wounded and sick. Part 2 begins by explaining how IHL endeavors to shield civilians from the risks associated with being under the control of, and at the mercy of, an enemy armed force. Various specifics are addressed, chiefly by analogizing levels of protection to a series of benefit packages—all civilians receive a benefit package, but some are more comprehensive than others. In Part 3, the discussion moves to the protection of civilian property, and distinguishes its protection regimes from that of persons, in that risks may persist not as the result of the destructive effects of combat but instead from interference with the property by armed forces. Thereafter, Part 4 shifts to the second category of war victims, the wounded and sick, which demands a more comprehensive mosaic of rules. Here, specifics rules applicable to international armed conflict are discussed, including: distinctive emblems, those caring for the wounded and sick, facilities, vehicles, and aircraft. The chapter closes with discussion of non-international armed conflict rules coming from Common Article 3 to the 1949 Geneva Conventions their second 1977 Protocol.