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Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)

Humanitarian Law

Civilians – Fourth Geneva Convention (IVGC)

Civilians endure horrifying suffering in armed conflict. Civilians are often the prime targets of conflict enduring genocide, ethnic cleansing, forced displacement, and indiscriminate attacks, as well as starvation and sexual violence. Families are torn apart.

Civilians have the protection as long as they do not take a direct part in the fighting. Direct participation should, for example, be understood to be acts that are, by their nature and purpose, intended to cause actual harm to personnel and equipment of the armed forces. This also extends to the preparation or returning from an attack. However, the notion "direct participation" has not been clearly defined. If civilians take direct part in the hostilities, they loose their protection and can be tried according to national law for murder or other crimes.

Free passage of all shipments of medical supply and equipment, as well as objects necessary for religious worship intended for civilians, shall be guaranteed according to the Fourth Geneva Convention. It also permits the free passage of foodstuffs, clothing and liquids intended for children under fifteen, expectant mothers and pregnant women.

These Fourth Geneva Convention not only cover persons, but civilian property, cultural and religious buildings as well.

Human Shields

According to the principle of distinction, civilians are protected and should not take part in the hostilities. The military cannot use civilians to protect military installations. Article 28 in the Fourth Geneva Convention states: “the presence of a protected person may not be used to render certain areas immune from military operations”. This means that civilians cannot, with their presence, protect military installations, for example from military attack. They can not be used as human shields (article 28 IVGC). The use of civilians to protect the military is an illegal method of warfare misusing their vulnerability and protected status by forcing them to take part in the hostilities. The involvement of civilians puts them under jeopardy and in fact strips them of their protection.
To ICRC and Article 28

With the Fourth Geneva Convention of 1949, adopted after the atrocities in the Second World War, civilians were included in the protection of international humanitarian law (IHL).
To ICRC and the Fourth Geneva Convention

According to IHL, civilians must not be attacked. They do not take part in the hostilities and should be protected and respected.

Tel Rumeida Checkpoint, December 2005.

Tel Rumeida Checkpoint, December 2005. Photo: Matilda Svensson, EAPPI

Revised
10/09/2008 Lydia Gall ihl_diakonia@palnet.com

International Humanitarian Law Program

Diakonia Regional Office in Jerusalem
ihl_diakonia@palnet.com

Diakonia in Sweden
www.diakonia.se

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