Hague Conventions

The Hague Conventions of 1899 and 1907 were one of the first multi-country treaties to agree on rights for non-combatants. These meetings occurred in 1899 and 1907. Three treaties were signed and put into effect in 1899, including the treatment of prisoners of war and the protection of hospital ships.^[3] In 1907 thirteen additional treaties were signed. These cover regulations concerning the war on land, the declaration of war, the rights and responsibilities of neutral countries, and rights and restrictions during naval war.^[4]

Treaty II, Article 3 of the 1899 Convention maintains that surrendering belligerent fighters are to be treated as prisoners of war unless they are out of proper uniforms (i.e. spies). Article 13 of the same section declares that any other non-combatant or civilian affiliated with but not part of the belligerent military, such as reporters and contractors, have the same right to be treated as a prisoner of war.^[4][5]

Article 25 of Treaty II states that undefended communities are protected from any form of attack. In addition to the above, Article 27 states that if any sieges do occur, places devoted to religion, charity or hospitals should be avoided if possible, as long as they have no strategic affiliations.^[4][5] Article 28 states that even when a village is captured through war, pillaging is not allowed by any party. That is repeated in Article 47, Section III. The articles above were reaffirmed by Convention IV of the 1907 Convention.^[4][5]

Many nations signed, including delegates from the United Kingdom, the United States, Russia, and Japan.^[6] Despite many nations signing at the Hague Conventions of 1899 and 1907, a number of the agreements were broken during World War I, including sections from Treaty IV involving poisons and the attacking of undefended towns and villages.^[6][7]

While some Geneva Conventions occurred before the Hague Conventions, none touched on the rights of protected non-combatants in the heat of combat. The Geneva Conventions recognize and expand on many of the treaties signed at the Hague Conventions, particularly those involving the treatment of non-combatants.^[8] As a result, the regulations are still in effect today.^[9]

Geneva Conventions of 1949

The Geneva Conventions started on April 21, 1949, and were concluded on August 12. The purpose of the Conventions was to establish protections afforded to protected non-combatants in wartime, including civilians under military occupations and prisoners of war.^[2] Article 4 of the Fourth Geneva Convention defines that civilians who "find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals" are protected persons. Not included in the status of protected persons are the belligerent's citizens and nationals of a state not party to the Fourth Geneva Convention, and neutral citizens living in a belligerent country and co-belligerent (i.e., allied) persons as long their state of nationality maintains diplomatic relations with a belligerent power.^[10]

Additional Protocols of 1977

Article 42 of Protocol I states that aircrews who are parachuting from aircraft in distress cannot be attacked regardless of what territory they are over. If aircrews land in territory controlled by the enemy, they must be allowed to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne forces who are descending by parachute from an aircraft, whether it is disabled or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent unless they are hors de combat.^[11]

Article 50 of Protocol 1 defines a civilian as a person who is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Article 54 deals with the Protection of objects indispensable to the survival of the civilian population and is categorical that "Starvation of civilians as a method of warfare is prohibited." Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court also prohibits attacks directed against civilians.^[12][13]

While not all states have ratified Protocol I or the Rome Statute, these provisions reiterated existing customary laws of war which are binding for all belligerents in an international conflict.^[14]

Article 3 in the general section of the Geneva Conventions states that in the case of armed conflict not of an international character (occurring in the territory of one of the High Contracting Parties) that each Party to the conflict shall be bound to apply, as a minimum, the following provisions to "persons taking no active part in the hostilities" (non-combatants).^[15] Such persons shall in all circumstances be treated humanely, with the following prohibitions:^[15]

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture;

(b) taking of hostages ;

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.^[16]