Chapter

The protection of civilians from violence and the effects of attacks in international humanitarian law

Hitoshi Nasu

Protecting civilians during violent conflict : theoretical and practical issues for the 21st century

Farnham ; Burlington : Ashgate, 2012

p. 65-83

English

There is a substantial body of law - international humanitarian law (IHL) - dedicated to protecting civilians during violent conflict. There are three groups of such laws : a) rules for the protection of civilians in the conduct of military operations ; b) rules for the protection of civilians under the control of the adversary against violence or arbitrary acts ; and c) rules for the protection of civilians from the effects of military operations. Hitoshi Nasu explores the last two. Nasu first provides a useful overview of the different types of armed conflict - international armed conflict, military occupation and non-international armed conflict - and the rules of IHL that apply to each. The Fourth Geneva Convention, and its additional protocols, prescribes that warrying parties not simply refrain from doing violence against civilians, but that they also protect civilians from the effects of attacks. Yet Nasu observes that there are uncertainties about the scope of this precautionary obligation.

• Protecting civilians during violent conflict : theoretical and practical issues for the 21st century / ed. by David W. Lovell, Igor Primoratz