Article

The ambiguous protection of schools under the law of war : time for parity with hospitals and religious buildings

Gregory Raymond Bart

• Georgetown journal of international law, Vol. 40, no. 2, Winter, 2009, p. 405-446

English

Photocopies

The current laws of war prohibit the targeting of hospitals, religious buildings and school buildings, but do not forbid military use of school buildings by defending armed forces. The author argues that IHL should provide schools with an equally privileged status to that accorded to hospitals and religious buildings. The article traces the evolution of the privileged status of these latter types of buildings—from being a derivative one based solely on the presence of civilians and non-combatants to being an independent one grounded in the inherent humanitarian, cultural, or spiritual value of the buildings. Underlying this evolution is IHL’s growing recognition that attacking and defending military forces have shared obligations in their treatment of hospitals and religious buildings. The author argues that protections afforded to schools should evolve in a similar manner. This raises three critical issues: 1) defining which buildings qualify; 2) ensuring the maintenance of privileged status; and 3) ensuring battlefield recognition. Drawing on lessons from the protection of hospitals and religious buildings, the author proposes a set of measures to address these specific concerns. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]