'Even war has rules': a call for global action to protect civilians. Elcano Royal Institute Analyses 23/2016 (original) (raw)
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Raízes Jurídicas, 2006
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Monitoring and investigating is a prerequisite to stop human rights (HR) violations and to prevent new ones. It is a particularly difficult and dangerous task; even more when violations are committed in the middle of protracted armed conflicts (AC). In these situations, HR and International Humanitarian Law (IHL) violations are common and States are not always able and/or willing to put an end to them and to punish their perpetrators. The role of the international community and the civil society is therefore crucial. This discussion paper will touch upon ways, especially legal ones, to improve this fundamental task of monitoring/investigating HR in AC, in general and in particular in Africa.
In contemporary armed conflicts the overwhelming majority of the dead and injured are civilians and the bulk of the damages affect infrastructures vital to them. Actually, the very nature of armed conflicts has changed over the last two decades with dramatic consequences for the protection of the civilian population on the ground. An international conference on this issue was organized by the International Institute of Humanitarian Law (IIHL), in cooperation with the Institute for International Affairs (IAI), and held in Rome at the Ministry of Foreign Affairs on 14 December 2010. Eminent speakers delivered comprehensive and thought-provoking presentations on a number of outstanding questions, including the interrelationship between international humanitarian law and human rights law, the concept of responsibility to protect and the role of peacekeeping forces in protecting civilians, the protection of the civilian population in asymmetric conflicts and in occupied territory, the protection of women and children, the criminal accountability for grave breaches of norms protecting civilians, and the obligations and responsibilities of non-state actors in this field.
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Whilst the protection of civilians (POC) in conflict has been a recurring feature of the humanitarian discourse the same has not been true in military doctrines, where the protection of civilians has long been cast in terms of arms bearers upholding their responsibilities under international humanitarian law (IHL). However, opportunities for and pressures on military actors to develop more specific capacities and approaches in this field have grown: partly as a response to the changing nature, location and scope of conflict, particularly the increasing proportion of internal conflicts fought by irregular armed groups in urban environments. 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 (O’Callaghan and Pantuliano, 2007). Despite the enormous growth in opportunities for interaction between militaries and humanitarians there is only a very limited literature on their interaction over protection issues and evaluations of the emerging doctrines. Consequently this article charts the growth in military policies towards POC in the UN, UK, NATO and a range of other states as well as drawing attention to the challenges that still remain in operationalising responses.
Implementing the principles of international humanitarian law (IHL) represents a real challenge if the protection of civilians in today's urban armed conflicts remains a priority for armed forces. The application of the principle of distinction comes up against the difficulties of obtaining intelligence, in particular in the absence of troops on the ground. The minimalization of collateral damage requires putting in place very precise targeting procedures, and even the adoption of tactics designed to draw out traditional combat from cities. In terms of precautionary measures in attack or against the effects of an attack, these must be adapted to the context of urban combat. Nevertheless, IHL remains an essential instrument that must be analyzed and translated into action in a practical manner in order to conduct military operations that are at the same time effective and legally permissible.
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The mission to build a body of expertise for the Protection of Civilians (POC) has become a major challenge to peace operations throughout the world. The last ten years have brought to the fore a focus on the rights of civilian populations. In this time, the United Nations (UN) and the African Union have made considerable progress to strengthen POC effectiveness. Yet challenges remain. Armed conflict is still prevalent around the world, civilians comprise the majority of casualties, and the need for global POC strategies is vital. Protection is a broad term and activities falling under it require a comprehensive approach involving all actors involved in an operational area. These include international organisations, national governments, local communities, non-governmental organisations, military, police, and civilian personnel. Considerations on POC policy was the theme of the Asia Pacific Civil-Military Centre of Excellence’s inaugural Civil Military Affairs Conference (CMAC), held in Queanbeyan from 24-26 May 2011. Enhancing the Protection of Civilians in Peace Operations: From Policy to Practice considered the latest developments to improve POC effectiveness and the impact they have on the security and rights of civilians in conflict zones, including those of women and children. CMAC brought together approximately 200 international protection experts – including both policy makers and practitioners – to discuss and understand the implications of recent protection reforms and build a shared understanding for catalysing POC in peace operations. The conference took stock of recent developments in UN policies and their implementation, sought an understanding of the protection responsibilities of civilian, military and police actors in peace operations, and attempted to identify best practices and confirm capabilities required for effective implementation of protection of civilian strategies.