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Civilians
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, because some non-combatants are not civilians (for example, military chaplains who are attached to the belligerent party or military personnel who are serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is an internal one (a civil war) or an international one. In some nations, uniformed members of civilian police or fire departments colloquially refer to members of the public as civilians. Etymology The word "civilian" goes back to the late 14th century and is from Old French '' ...
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Human Shield
A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it. The use of human shields as a resistance measure was popularized by Mahatma Gandhi as a weapon of peace. On the other hand, the weaponization of civilians has also developed as a tactic by some non-state actors like ISIS. Legal background Forcing non-combatants to serve as human shields is a war crime according to the 1949 Geneva Conventions, the 1977 Additional Protocol I to the Geneva Conventions, and the 1998 Rome Statute. According to law professor Eliav Lieblich, "Armed groups might be responsible for harm that they occasion to civilians under their control. But to argue that this absolves the other party from responsibility is to get both law and morality wrong." Law professor Adil Ahmad Haque states that involuntary shields "retain their legal and moral protection from intentional, u ...
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Hugo Slim
Hugo John Robertson Slim (born 1961) is a British academic and policy advisor in International Relations specialising in the ethics of war and humanitarian aid. Slim has written about the nature of contemporary conflict, the protection of civilians and the ethics of humanitarian aid. He is currently a senior research fellow at the Las Casas Institute for Social Justice at Blackfriars Hall at the University of Oxford and also at the Blavatnik School of Government. Early life and education Slim is the second son of John Slim, 2nd Viscount Slim, and Elisabeth "Buffy" Slim, née Spinney. He was educated at Broadlands Primary School in Hereford and St George's School, Windsor before going to Eton College and then to St John's College, Oxford where he studied Theology. He received his PhD (on the basis of published work) from Oxford Brookes University in 2002. Contribution to ethics Slim's writing on war is distinct for its determined focus on the civilian experience of war and the mo ...
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Unlawful Combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ...
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Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties. The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects." It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to civilians, nddamage to civilian objects" is also covered. Even an attack not aimed at civilians is prohib ...
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GCIV
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties. The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects." It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to civilians, nddamage to civilian objects" is also covered. Even an attack not aimed at civilians is prohib ...
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Non-combatant
Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties (as currently described in Protocol I of the Geneva Conventions, adopted in June 1977); combatants who are placed '' hors de combat''; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864. History Pre-Geneva 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 in 1907. Three treaties were signed and put into effect in 1899, including the treatment of prisoners of war and ...
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Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the Convention. Part I: General provisions This part sets out the overall parameters for GCIII: * Articles 1 and 2 cover which parties are bound by GCIII * Article 2 specifies when the parties are bound by GCIII ** That any armed conflict between two or more "High Contracting Parties" is covered by GCIII; ** That it applies to occupations of a "High Contracting Party"; ** That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a pa ...
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Combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Consequently, on the other hand combatants, as a rule, are legal targets themselves for the opposite side regardless the specific circumstances at hand, in other words, they can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support. In addition to having the right to participate in hostilities, combatants have the right to the status of prisoners of war when captured during an international armed conflict. "While all comb ...
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Terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants (mostly civilians and neutral country, neutral military personnel). The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became widely used internationally and gained worldwide attention in the 1970s during The Troubles, the Troubles in Northern Ireland, the Basque conflict, and the Israeli–Palestinian conflict. The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in the United States. There are various different definitions of terrorism, with no universal agreement about it. Terrorism is a Loaded language, charged term. It is often used with the connotation of some ...
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Guerrilla Warfare
Guerrilla warfare is a form of irregular warfare in which small groups of combatants, such as paramilitary personnel, armed civilians, or Irregular military, irregulars, use military tactics including ambushes, sabotage, Raid (military), raids, petty warfare, hit-and-run tactics, and Mobility (military), mobility, to fight a larger and less-mobile traditional military. Although the term "guerrilla warfare" was coined in the context of the Peninsular War in the 19th century, the tactical methods of guerrilla warfare have long been in use. In the 6th century BC, Sun Tzu proposed the use of guerrilla-style tactics in ''The Art of War''. The 3rd century BC Roman general Quintus Fabius Maximus Verrucosus is also credited with inventing many of the tactics of guerrilla warfare through what is today called the Fabian strategy. Guerrilla warfare has been used by various factions throughout history and is particularly associated with revolutionary movements and popular resistance agains ...
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Lawfare
Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent, or to deter individual's usage of their legal rights.''Unrestricted Warfare''p. 55 The term may refer to the use of legal systems and principles against an enemy, such as by damaging or delegitimizing them, wasting their time and money (e.g. SLAPP suits), or winning a public relations victory. Alternatively, it may describe a tactic used by repressive regimes to label and discourage civil society or individuals from claiming their legal rights via national or international legal systems. This is especially common in situations when individuals and civil society use non-violent methods to highlight or oppose discrimination, corruption, lack of democracy, limiting freedom of speech, violations of human rights and violations of international humanitarian law. Etymology The term is a portmanteau of the words ''law'' and ''warfare''. Perhaps the first use of the term "lawfare" was in the 1 ...
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