Rules Governing Protection of Civilians During Armed Conflicts

HISTORICAL EVOLUTION UP TO THE SECOND WORLD WAR

In classical international law, rules on the protection of civilian population were reduced in number. This is connected with the thought that civilian population should not pose risk of war, and the thought of non-participation in hostilities. With weapon development, the risks affecting the civilian population are continuously increasing. It results in the fact that international law governs documents on war conditions and rules of humanitarian war and some general principles concerning the need to protect civilian population.

In this respect St. Petersburg Declaration of 1861 can be mentioned. This Declaration establishes the principle that "the only legitimate purpose that States should propose during the war is weakening the enemy's military forces”. This principle can be interpreted as the document that authors used to take into account while protecting civilians against armed acts.

Another document can be mentioned in this regard, Regulation Annex of the Convention

IV - to the Hague from 1907 which formulate some rules regarding non-attack of non-military targets ( The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.- art. 25; All necessary steps must be taken to spare in sieges and bombardments, as far as possible; buildings dedicated to religion, art, science, or of charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes - art. 27; The officer at the head of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities. – art. 26). Other rules to protect the civilian population are enshrined in Article 43 - 46 of Section II - A ("On military authority in enemy territory") of that regulation.

In fact, they were regulations on the protection of civilians at the beginning of World War II. Their total inefficiency was proven by the huge human losses.

During the interwar period ICRC took the initiative to protect the civilian population from the immense dangers vivid in the event of a war. ICRC has made numerous proposals against non-discriminated bombing participation. In 1920 ICRC addressed a note to the first meeting of the League of Nations which proposed: "League of Nations has to deal with various issues related to war and, in particular, introduce more humane means. International Committee, the central organ of the Red Cross, which has this task from the origin, has the honor to propose the following:

Limitation of military war just as a pure military aircraft recognition and interdiction mission over cities launches projects that place death among the peaceful population, women and children not involved in a war. "Other proposals made on this occasion were on the prohibition of asphyxiating gas, the definition of "unprotected villages" concept used in the Fourth Convention of The Hague in 1907.

In 1921 at the - X - Conference of Red Cross initiatives of the International Committee on the prohibition of abuses against the civilian occupation authorities (mass deportation, hostage-taking) were shown. The same issue of the fate of civilians in enemy-occupied territory was the subject at the XII Conference of the ICRC. Following proposals were made during the Conference: to create joint medical committee with the mission to prepare lists of detained civilians, inform to ICRC of state inability to find prisoners, to expedite investigations and make visits to places of internment, facilitate agreements between belligerents in favor of civilians.

In 1923 in Hague a Code limiting aerial bombing is drafted by a committee of lawyers. This code, however, is ratified by ICRC. In 1928 and 1931 it succeeds to gather under its auspices four expert committees with the stated purpose of finding means to protect civilians against such risks as chemical and bacteriological war and against war in general. In 1931 as a consequence the League of Nations convened the first conference of Reduction and Limitation of Armaments. One report addressed to the conference asked categorically to prohibit aerial bombardments against residential centers.

When the war started on March 12, 1940, ICRC addressed its Member States with a call proposing to confirm the general immunity of the civilian population and define military objectives, stop bombing discriminatory and refrain from retaliation. Fourteen countries, including main belligerents, formally approved the call not been acted. ICRC renews call - on 23 July and 30 December 1943, but without success.