Sources of the international law governing the protection of civilians in armed conflict .... Only 100 days later this pandemic quickly affected the whole world deeply and at every aspec
INTRODUCTION
Main issues
Whatever the circumstances, a peaceful world is always the desire of all mankind But it seems that the dream has not come true when conflicts still exist in many parts of the world Diversity in nature or scope occurs in many places, but it is easy to see that civilians always suffer the worst consequence in all armed conflicts: from falling into humanitarian disasters such as lack of stable shelter, insufficient food supply, no education, or no access to medical health care to being victims of genocide, torture, rape, forced labor, etc However, these difficulties are not the last challenges facing the vulnerable in wars
In addition, the end of 2019 was marked with the advent of the Coronavirus, which caused the COVID – 19 pandemic Only 100 days later this pandemic quickly affected the whole world deeply and at every aspect, which constituted a double challenge in exercising the mechanism of the civilians’ protection
We realized the urgency of the current problem and wanted to conduct research in the field of international humanitarian law and open concrete guidelines for the protection of civilians in several hot spots around the world and in the context of the COVID-19 pandemic Hopefully, the research will be valuable, not only now, but in the future, creating a better global emergency response scenario.
Research purpose
The purpose of this research is to explain aspects of the institution of protection of civilians in war, as provided by international humanitarian law, from the theoretical basis to its practical application In addition, the research article also explains specific legal concepts and characteristics, and notes the actual global situation it faces: the COVID – 19 pandemic Starting from the previous points, the article will carry out concrete solutions to direct a new perspective on the theme of the protection of civilians at war in the new context Through it, the group of students also highlighted Vietnam's role in contributing to the implementation and value of international humanitarian law in general, and in particular the institution for the protection of civilians during the war in the context of the epidemic.
Research methods
To achieve the research objectives mentioned above, the student group research will use analytical methods to highlight aspects of the law, from the points of success and failure, through which they help explain the practical application of the laws Along with this, we write articles on how to summarize and evaluate practice in order to clarify issues and ultimately suggest solutions to improve the law
GENERAL THEORY ON THE INSTITUTION OF CIVILIANS’
The general concepts of civilian and civilians’ protection
Having a look into the reality of every war from the distant past up until present, It has always been the civilians – the most innocent people who suffered from the worst damages
In light of that, International humanitarian law (IHL) is a set of rules that seek for humanitarian reasons to limit the effects of armed conflict on every individual who are not from the armed forces or the warring factions In the other words, Its mission is to protect the vulnerable who are not involved with the wars but always, in fact, bear the worst losses such as poverty, disease or every direct threat to their lives
According to Art 50 of the Protocol I, in supplementing the Geneva Convention, “A civilian is any person who does not belong to any of the categories of people considered prisoners of wars and arm forces" Likewise, in the case of 2000 Blaskic, the International Criminal Tribunal for the former Yugoslavia pointed out that: "Civilians are people who are not, or no longer, members of the armed forces" 1
The concept of the armed forces was first stipulated in the Geneva Convention III and then expanded in the Protocol I Therefore, in relation to such concept, a civilian is any individual who is not a member of any of the following groups (Art 43(1), Protocol I and Art 4 (1), (2), (3), (6), The Third Convention)
(i) Armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party
(ii) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces
Members of militias and volunteer corps belonging to a Party in a conflict, including those involved in organized resistance movements, are considered members of the armed forces if they operate in or outside their own territory This applies even if the territory is occupied, as long as the militias or volunteer corps, including the organized resistance movements, fulfill certain conditions.
(iv) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power
Inhabitants of a non-occupied territory, who, upon the approach of an enemy, spontaneously arm to resist invasion, are considered irregular armed forces They lack the time to form regular military units but openly carry arms and adhere to the laws and customs of war.
Besides, from the provision of the Geneva IV, civilian is directly defined as:
(i) The foreigners in the territory of the parties to the armed conflict;
(ii) Population in occupied territories;
(iii) Internees put under internment;
(iv) Medical and religious personnel who are not parts of the armed forces and civil defense units
The protection of civilians is exercised both in international and non-international armed conflicts, even when a warring party does not recognize the state of war In addition, the international humanitarian law concerning civilians in armed conflicts must be applied on the basis of the principle of non-discrimination on skin colour, ethnicity, religion or political opinion,…and in order to limit the terrible effects of war on civilians, especially children
In any of international armed conflicts, It can be classified as two types of circumstances when the protection of civilians should be automatically performed:
Civilian protection is paramount in accordance with international humanitarian law This principle emanates from the definition of civilians as non-combatants who must not be intentionally targeted The concept underscores that military activities must not pose any danger or threat to civilians and that they should be shielded from harm at all times.
An exception to the rule is the leveé en masse, whereby the inhabitants of a country which has not yet been occupied, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having time to form themselves into an armed force Such persons are considered combatants if they carry arms openly and respect the laws and customs of war As the ICTY Appeal Chamber have also stated, in the case of Martic, that those who participated in the fighting could not enjoy the status of civilians 2 , the victims, hence, do not confer civilian status, notwithstanding the fact that they were not armed or in combat at the time of the crime This is a long-standing rule of customary international humanitarian law already recognised in the Lieber Code, the Brussels Declaration and is codified in the Hague Regulations and the III Geneva 3
Second, the civilians’ protection is performed under the IHL for those who are occupied or under internment by a warring party, if only they are not citizens of the hostile state or of the hostile state's ally (unless the two countries have no normal diplomatic relations) or they are not a residents from neutral countries
In a nutshell, civilians are protected by the IHL whenever they are no longer under the protection of their own countries, those are at war or have no diplomatic relations with those holding them captive with the only purpose is to protect civilians from arbitrary, illegal actions by the warring party 4
2 ICTY Appeal Chamber, Milan Martic case, Judgement of 8 th October 2008, p.99
3 ICRC (2005), Jean-Marie Henckaerts and Louise Doswald-Beck With contributions by Carolin Alvermann, Knut Domann and Baptiste Rolle, Customary International humanitarian law, Volume I – Rules, p.18
4 ICRC (2015), IHL – Answers to your Questions, p.27
Sources of the international law governing the protection of civilians in armed conflict
Some of the main sources of law governing this issue can be mentioned:
First of all , the 4 Geneva Conventions of 1949 and 2 Additional Protocols can be considered as the constitution in governing the protection of victims in war
Indeed, It is the Geneva Convention IV of 12 th August 1949 that especially adjust the protection of civilians in war The convention consists of 4 parts, 159 articles and 3 annexes The Convention recognizes the rights and obligations of civilians in armed conflict; the rights and responsibilities of the warring parties in the area of protecting civilians from the devastating consequences of armed conflicts And It is the World War II can be considered as a driving force for the development and adoption of this Convention 5 , since the number of casualties in this war is an alarming number
Even if the IV Convention is always assumed to be the first international treaty governing the protection of civilians in armed conflict, it was, in fact, another international treaty texted on this before Indeed, the meeting in 1934 of the 15th International Conference of the Red Cross in Tokyo had adopted the text of an international convention on the protection of civilians of enemy nationality in the territory of a warring party or held by a warring party However, there was no follow-up to this text as the states refused to convene a diplomatic conference and as a result the provisions of this draft were never came into force, even during the World War II However, it can be asserted that this introduction for the first provisions on the civilians’ protection of has made up an important step forward in raising awareness in the protection of those who are affected the most by the war - civilians
In addition, accompanying the IV Convention were the two protocols adopted in June
1977 Especifically, the Protocol I deals with the protection of civilians in those international armed conflicts, while the Protocol II deals with non-international issues The national liberation movements themselves promoted the adoptions of these two protocols
5 ICRC (2015), IHL – Ansswer to your Questions, p.23
In simpler terms, the circumstances of the significant increase in wars and civil wars during the Cold war made it a real need for the unification in the international rules that govern this issue Besides, there was also no significant progress made since the Lahaye Conventions in 1907 for governing the methods and means of waging war
International law derives from international treaties and international customary law, which is generally accepted conduct among nations The International Committee of the Red Cross conducted a comprehensive study on customary rules of international humanitarian law, published in 2005, comprising two parts: the section of rules summarizes existing customary rules, while the section of practices provides supporting evidence The ICRC, in collaboration with national Red Cross and Red Crescent Societies, updates this information regularly.
In summary, the international custom law shows the respect of states as well as the long-standing concern about the issues of protecting civilians in war This source plays an important role in demonstrating the urgency and core goal of protecting human rights
Thirdly , the Statutes of the International Criminal Court and documents on the elements of international crime are also considered to be an extremely important source These documents can be mentioned from a number of courts such as: Statute of the International Criminal Court for the former Yugoslavia (ICTY), Statute of the International Criminal Court for Rwanda (ICTR), and the Rome Statute of the Criminal Court International (ICC), etc.These statutes document actions deemed to be against civilians within the jurisdiction of the Court
Fourthly, the supplementary sources, especially case precedents, judgments of international jurisdictions, resolutions of international organizations… also play an important role in the practice of adjudicating cases
Finally, It would be remiss if the “Martens Clause” is not mentioned as it particularly applicable whenever the behavior of states is not governed by the IHL The clause states that "Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanitarian and the requirements of the public conscience" 6
In conclusion, with the sources indicated, it is only a premise to take it deeper in exploring the fundamental institution of the protection of civilians in war in the next part of this report.
The provisions of the civilians protection under the IHL
2.3.1 The protection of civilians over the consequences of armed conflicts
Firstly, both in international or non – international armed conflicts, “Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited” (Art 51.2 – Protocol I, Art.13.2 – Protocol II, Rule 2 – Customary IHL) and no reservation has been made to this provision 7 Moreover, this prohibition of acts or threats of violence aimed at terrorising the civilian population is also set forth in a large number of military manuals 8 Indeed, the prohibited behaviours include indiscriminate and widespread shelling, civil areas bombardment, assault, rape, abuse and torture of women and children, mass murder, deliberate attacks on civilian targets, etc
Secondly, “Indiscriminate attacks are prohibited” (Article 51.4, Protocol I; Chapter
3, including Rule 11, 12, 13 – Customary IHL) Indiscriminate attack are understood as: (a) those which are not directed at a specific military objective; (b) those which employ a method or means of combat which cannot be directed at a specific military objective; or (c) those which employ a method or means of combat the effects of which cannot be limited
6 The preamble, The 1899 Hague Convention (II) with respect to the Laws and Customs of War on land
7 ICRC (2005), Jean-Marie Henckaerts and Louise Doswald-Beck With contributions by Carolin Alvermann, Knut Domann and Baptiste Rolle, Customary International humanitarian law, Volume I – Rules, ibid., p.8
8 See, e.g., the military manuals of Australia (2006, §§ 5.21 – 5.35), Belgium(1983, p.31), Benin (1995, p.12), Cameroon (2006, p.60, § 252), Canada (2001, § 423), Colombia (1995, p.30), Croatia (1991, p.40), etc as required by the Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction For example, the ICTY when considering the legality of the use of cluster munitions, claimed that indiscriminate attacks involved means or methods of war that directed at a particular military objective is a violation of the provisions of international law
For non – international armed conflicts, though this rule was dropped out of the Protocol II due to a package aimed at the adoption of a simplified text 9 , it still makes sense since it is included by interference within the prohibition against making the civilian population the object of attack contained in Art 13.2
Thirdly , establish shelters to protect civilians in case of illness or injury (Art 15 –
The IV Convention; Rule 35, Rule 110 in addition – Customary IHL) Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction: civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character These sites and areas for those purposes are respected and prohibited from being attack targets
In addition, Art 21 and Art 22, the Geneva IV also mention escort vehicles, hospital trains, special ships and aircrafts (with agreed-upon regulations on altitude, time, and route), used for transport sick and injured civilians, are protected and assault is strictly prohibited
Fourthly, about the humanitarian assistance to civilians in armed conflict
During conflicts, warring parties must not obstruct the provision of humanitarian assistance essential for civilian survival, including food, medical care, clothing, shelter, and religious worship items States and impartial humanitarian organizations like the ICRC should be allowed to deliver aid unconditionally.
9 See the original clause, Draft Additional Protocol II submitted by the ICRC to the Diplomatic Conference leading to the adoption of the Additional Protocols, Article 26.3 programs providing food, medical supplies, clothing; and must also wholeheartedly cooperate with such countries and humanitarian organizations (Art 59 – the Geneva IV, Art 69 – Protocol I) All aid shipments will be free to move to conflict territories, even blocked areas, and shall not under any circumstances be declared contraband or seized; these consignments will be protected from attack or confiscation (Art 59 Geneva IV)
Fifthly, civilian objects are protected against attack Since the civilian objects are not directly defined in any documents under the IHL, they are mainly defined through State practices like civilian areas, towns, cities, villages, residential areas, dwellings, buildings and houses and schools; civilian means of transportation; hospitals, medical establishments and medical units; historic monuments, places of worship and cultural property; and the natural environment 10 Since then, any of these that are considered civilian objects shall not become attacked objectives (Art 52 – Protocol I; Rule 9, 10 – Customary IHL), alleged attacks against such objects have generally been condemned
Art 52.3 also requires a presumption of civilian characters as: In case of doubt whether an object which is normally dedicated to civilian purposes, is being used to make an effective contribution to military action, it shall be presumed not to be so used That means, in case of doubt, a careful assessment has to be made under the conditions and restraints governing a particular situation as to whether there are sufficient indications to warrant an attack for the maximum limitation of any irresponsible behaviors
2.3.2 The protection of the civilians in some of specific rights
In general, every act that violates any of these specific rights of civilians are all considered as grave breaches under the provisions of the IHL 11 It can be said that this is a pretty complete mechanism of protecting civilians in armed conflicts
10 ICRC (2005), Jean-Marie Henckaerts and Louise Doswald-Beck With contributions by Carolin Alvermann, Knut Domann and Baptiste Rolle, Customary International humanitarian law, Volume I – Rules, p.34
11 Art 147, The IV Geneva Convention: Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving
Firstly, the civilians are protected in the right to health and life under the provisions of the IHL, which is considered as the fundamental guarantee, such as: murder crime; torture and cruel, inhuman or degrading treatment; corporal punishment; mutilation and medical, scientific or biological experiments; any forms of sexual violence
The willful killing of civilians constitutes a grave breach of the Geneva Conventions and is considered a direct threat to life The prohibition against murder is recognized as a fundamental guarantee under Protocols I and II to the Geneva Conventions and is a non-derogable customary rule of international humanitarian law Even states not party to major human rights treaties have acknowledged the fundamental and non-derogable nature of the right to life.
International Humanitarian Law (IHL) vehemently prohibits all crimes that endanger civilians' well-being These include torture, corporal punishment, mutilation, medical experiments, and sexual violence Such acts are strictly forbidden under the Fourth Geneva Convention (Article 32), Protocol I (Article 75), Protocol II (Article 4), and Customary IHL (Rules 90-93), protecting civilians from inhumane and degrading treatment during armed conflicts.
ISSUES ON THE PROTECTION OF CIVILIAN IN ARMED CONFLICTS
The world does take practical actions in protecting civilians in armed conflicts
3.1 The world does take practical actions in protecting civilians in armed conflicts
As stated below, the IHL has build a complete mechanism for protecting civilians in armed conflicts And It can be said that, the world does take action in applying such mechanism in practice for the better protection of civilians
3.1.1 The United Nations Security Council takes action in Civilians’ Protection
The Security Council is one of the main organs of the United Nations with the role of protecting and maintaining international peace and security according to Para.1, Art 24 of the United Nations Charter Also, pursuant to the legal basis in Chapter VI on "Pacific settlement of disputes", Chapter VII on "action with respect to threats to the peace, breaches of the peace, and acts of aggression" and Chapter VIII in recognition of the participation of regional agreements and bodies in the maintenance of international peace and security, in which the protection of civilians in armed conflict has been determined to become a part of international peacekeeping and security Since 1999, this issue has been included in the Security Council meetings to issue resolutions to put into practice
3.1.1.1 The UNSC in building its own regulation for to civilians’ protection
A meeting, on 12 February 1999, on the issue of civilians’ protection was open according to the request of the Secretary-General In the report of which proposed a recommendation for improving the physical and legal protection of civilians in situations of armed conflict 36
Having considered the report of the Secretary-General of 8 May 1999 submitted to the Security Council (duly submitted report, containing 40 lists of recommendations requiring increased respect for international law, ratification and revision of international legal instruments on the protection of civilians through peaceful action and even sanctions
In 1999, the United Nations Security Council (UNSC) emphasized the importance of implementing international humanitarian law and regulations for the protection of civilians This focus was further solidified with the adoption of Resolution No 1265, the first resolution dedicated solely to civilian protection, just a week after the UNSC's initial statement.
In such Resolution, the UNSC introduced for the first time the general concept of the protection of civilians Besides, the Council reaffirmed the prohibition of acts that intentionally target civilians and other civil objects in armed conflicts in accordance with international law It also specifically emphasized on international human rights law, humanitarian law and refugee law together with such Resolutions adopted
Up until the present day, such regulations on the protection of civilians continue to be developed by As a results, a total of 10 thematic Resolutions on the protection of civilians were passed 37 and 13 presidential statements were adopted 38
Specifically, in the period of 1999-2009, the requirement to protect civilians was included in UN peacekeeping operations and the monitoring and reporting obligations for relevant personnel 39 , requested the Secretary-General for consulting with Member States to develop the detailed and comprehensive strategies for the responsibility to protect civilians such as threat assessment, crisis accountability mechanisms, and provide a benchmark against which to measure progress, etc
In the next phase (2009-2019) the Security Council targeted specific audiences including UN and humanitarian personnel (2014), journalists, media professionals, medical personnel in armed conflict (2005-2006), famine and conflict (2018), etc
3.1.1.2 Some aspects of the protection of civilians recognized in UNSC Resolutions
Firstly, ensuring the access to humanitarian assistance: The Security Council also recognized the prohibition of unlawfully denying access to humanitarian assistance to civilians The obligations of the warring parties are to create favorable conditions for humanitarian personnel to have direct access to civilians and to ensure safety, security and
37 S/PES/1265 (1999), S/RES/1296 (2000), S/RES/1502 (2003), S/RES/1674 (2006), S/RES/1733 (2006), S/RES/1594 (2009), S/RES/2175 (2014), S/ RES/2222 (2015), S/RES/2186 (2016), S/RES/2417 (2018) far resolutions on PoC
38 S/PRST/1999/6, S/PRST/2002/6 S/PRST/2002A1, S/PRST/2003/27 S/PRST/2004/46, S/PRST/2005/25, S/PRST/2008/15, S/PRST/2009/1, S/ PRST/2010/25, S/PRST/2013/2, S/PRST/2014/3, S/PRST/2015/23, S/PRST/2018/18 for presidential statements an PoC
39 S/RES/1894 (2009) on Poc freedom of movement for humanitarian work The Security Council also condemns the threat and use of force against humanitarian personnel and humanitarian property 40
The Security Council has repeatedly emphasized the paramount importance of providing unimpeded humanitarian assistance and protecting humanitarian workers Resolutions such as 2328 on Syria, 2045 on Afghanistan, and 2046 on South Sudan underscore the need for safe and timely access to aid Furthermore, the Council's Statement No 5 on Yemen highlights concerns regarding restrictions on commercial imports for humanitarian purposes, urging parties to facilitate the flow of essential goods to civilians.
The Council has also emphasized cross-border activities, which have called on the UN and another relief organizations to save millions of people in Syria through cross-border humanitarian aid: supporting food for an average of 1 million people a month since 2016, other necessities for 6 million people, medical support for 25 million people, and improved clean water for more than 5 million people, etc
Secondly, ensuring the medical care in armed conflict: One of the important, urgent and necessary foundations of the relief and protection of civilians in the context of armed conflict must include medical relief Res 2286 of 2016 provides a specific scope on this issue Indeed, the Security Council has requested the warring parties to respect and protect medical personnel, property and facilities It also calls on the parties to take effective measures to prevent threats to such objects and to conduct a full and fair investigation in the event of attacking In addition, the Security Council requires the Secretary-General to report regularly on this progress
Thirdly, for the issue on children in armed conflicts: The Security Council adopted
12 resolutions on the issue of children in armed conflict 43 , which identified six serious
40 S/RES/1263 (1999), PP7, Section 7, 10, S/PES/1396 (2000),Section 8, 12, SPES/1302 (2003) PPs 5,7, Section 1,4, S/RES/1674 (2006), Section 5; S/RES/1504 (2009), Section 4,12,14 about PoC
41 S/RES/2328 (2016), Section 5 Syria; S/RES/2046 (2018), pp 16, Section 23 South Sudan
43 140 S/RES/1314 (2000), S/RES/1379 (2001), S/RES/1460 (2003), S/RES/1539 (2004), S/RES/1612 (2005), S/RES/1882 (2009), S/RES/1998 (2011), S/RES/206 (2012), S/RES/2143 (2014), S/RES/2225 (2015), S/RES/2427 (2018) on Children and armed conflict violations against children in armed conflicts, including: Murder and injury of children, recruitment and using of children in armed conflict, rape and other sexual violence against children, child abduction; attacks and threats from attacks on schools or hospitals; denying humanitarian access to children
A new mechanism was also established and first presented in the Secretary-General's annual report on "Children and Armed Conflict" in 2001 The report will make public the names of states and non-state entities that violate the IHL in recruiting or using children for armed conflict On the basis of which, the Security Council also requires the Secretary- General to report on the progress of ending such violation of international humanitarian law States on non – state entities that were publicly listed in the previous report shall propose specific solutions to ensure the application of the IHL in protecting children 44
Fourthly, for the conflict related – sexual violence (CRSV), the Security Council
Resolution 1325 on “Women, peace and security” (WPS) addressed the issue of protection of women and girls from gender-based violence in conflict and the responsibilities of women and girls in conflict States in terminating immunity for such violations This resolution opens up an agenda for WPS and to date contains eight additional thematic resolutions specific to WPS 45 Subsequently, Resolution 1820 defined CRSV for civilians, including women and girls, as a threat to international peace and security The Security Council has emphasized that rape and other forms of sexual violence may constitute a war crime, a crime against humanity or a genocide-related act Security Council considers it necessary to exclude sex offenders from amnesty provisions in the context of conflict resolution and calls on member states to prosecute those crimes to ensure that victims of sexual violence have legal protection 46
44 UNSC, Res No S/RES/1379, Sec 16 on Children and armed conflict
45 UNSC, S/PES/1520 (2008), S/RES/1SSS (2009), S/RES/1SS9 (2009), S/RES/1960 (2010), S/RES/2106 (2013), S/RES/2122 (2013), S/RES/2242 (2015), S/RES/2467 (2019) on WPS/CRSV
46 UNSC, S/RES/1820 (2008) on WPS/ CRSV
3.1.1.3 Protecting civilians in UN peacekeeping operations
The protection of civilians in armed conflict in the “new practice”, also known as the current
as the current topical issues all over the world
3.2.1 The protection of civilians in armed conflicts in the context of COVID – 19 pandemic
The COVID-19 pandemic has exacerbated protection concerns and humanitarian needs in conflict-affected regions It has intensified existing inequalities, particularly in access to food, healthcare, and displacement The interaction of the pandemic with ongoing conflicts has escalated humanitarian emergencies, leading to increased levels of displacement, famine, food insecurity, and medical shortages.
54 ICRC, Annual Report 2020, Facts And Figures, p.9 clear some issues on COVID – 19 as a new practice of the civilians’ protection, especially in some hot spots of currently operating or having just ended of armed conflicts
3.2.1.1 An even more difficult condition for the protection of civilians a In Afghanistan
As a matter of fact, with the lasting about 20 years of conflict since 2001, Afghanistan and its people are facing a series of difficulties More than 20 years of instability, especially when the Corona virus began to become a global concern, the lives of civilians in Afghanistan has become more difficult than ever: the economy has collapsed, the health system has been severely damaged, the poverty, etc., all of which has put people at great risk of not being provided adequate health services to overcome the pandemic
Indeed, only Five hospitals in Afghanistan have enough capacity to receive Covid-19 patients while 33 other hospitals have been forced to close recently because of a shortage of doctors, medicine and medical equipment 55 "The current urgent need in Afghanistan is SARS-CoV-2 virus detection kits, especially the Omicron variant in the context of the increasing number of infections Although some progress has been made, the medical situation in Afghanistan is still very serious and the severe humanitarian crisis continues to put people's lives at risk", said WHO Director – General, Tedros Adhanom Ghebreyesus Along with instability and chaos in Afghanistan soon created a civilians’ migration crisis in this country, which makes the spread of the virus even more serious To illustrate, the "flights" to the promised land have become a nightmare for people in Afghanistan According to the United Nations High Commissioner for Refugees (UNHCR), an estimation about 700,000 Afghans will have to leave their homeland in 2021 alone, for those who choose to stay in the country, they also have little incentive to work because they have gone months without pay
According to WHO spokesman Tarik Jasarevic, the chaos and disruption at Kabul airport is "delaying urgent and essential medical supplies", and impacting an already fragile health system of Afghanistan According to CNN, the Afghan health system has faced a
55 The New York Times (2022), Afghanistan’s Health Care System Is Collapsing Under Stress, 6 th Feb, 2022 shortage of essential medical equipment and supplies amid the complicated developments of the COVID-19 pandemic Mr Jasarevic also noted that the current war situation has also caused the vaccination campaign in this country to be heavily impacted
Overcrowding in medical facilities as well as camps for displaced people will hinder measures to prevent infection and increase the risk of transmission of COVID-19 and other diseases Handling evacuees from Afghanistan is also a headache for other countries, especially in Europe, which has been burdened with many problems of migrants and refugees from the Middle East for many years b, In Gaza Strip
On May 18, 2021, the Hamas armed movement confirmed that the only laboratory for analyzing COVID-19 samples located in the Gaza Strip, in the town of al-Rimal, was destroyed by an Israeli air strike 56 Another Israeli air strike also affected an orphanage, a girls' high school and the Palestinian Health Ministry office in the Gaza Strip; according to MEE - Gaza's top health official, Yousef Abu al-Rish, and several other staff members were injured
The Gaza Strip has also been struggling against a wave of COVID-19 infections since before the Israel-Hamas war broke out In the worst day of coronavirus, the al-Rimal lab analyzes about 1,600 COVID-19 test samples each day, of which 28% of the samples show positive results According to the World Health Organization, at least 103,000 people out of a total of 2 million residents of the Gaza Strip are infected with COVID-19 57 This land is subsidized with 122,000 doses of COVID-19 vaccine, but more than half of the vaccines have not been given to the people The destruction of the only COVID-19 analysis laboratory in Gaza is expected to contribute to the epidemic situation here, in the context of the armed conflict between Hamas and Israel showing no signs of abating
56 The New York Times, An Israeli airstrike damaged Gaza’s only lab for processing coronavirus tests, officials said.
57 GAGE, Exploring the impacts of covid-19 on adolescents in the Gaza Strip, p.2 c Another conflict – zones affected by the COVID – 19 pandemic
Armed conflicts exacerbate infectious disease outbreaks, such as polio in Syria, cholera in Yemen, and Ebola in the DRC, reversing development progress and hindering opportunities for vulnerable populations The instability caused by conflict undermines healthcare infrastructure, disrupts immunization efforts, and leads to population displacement, increasing the risk of disease transmission The intersection of conflict and infectious disease creates a vicious cycle, fueling instability and perpetuating health crises.
The global health emergency created by coronavirus is particularly concerning:
War's devastating impact on healthcare systems is undeniable, with conflicts exacerbating the strain on exhausted healthcare facilities due to the depletion of resources The war's aftermath leaves medical systems grappling with water shortages, lack of medical facilities and personnel, insufficient funding for system improvement, and a significant decline in civilian health standards within conflict zones.
(ii) Moreover, as stated in section 3.2.2, It can be counted with several attacks to medical facilities in conflict – zones, which affected the COVID response deeply Indeed, in Libya last year, for example, air strikes and shelling damaged hospitals treating COVID patients 59 ; in Yemen, quarantine centers have been damaged in hostilities 60
(iii) Since the outbreak of COVID-19, violence against women and girls, particularly domestic violence, has intensified According to a survey of more than 850 refugee and internally displaced women across 15 countries in sub-Saharan Africa, 73 percent reported an increase in domestic violence, 51 percent reported sexual violence and 32 percent saw an increase in early and forced marriage 61 (iv) The COVID-19 pandemic and the measures that were adopted to contain it disrupted children’s access to education, health care and social services In Iraq,
58 UN, COVID-19 in Fragile Settings: Ensuring a Conflict-Sensitive Response
59 International Rescue Committee (IRC) (2020), Second hospital attack in four days puts Libya’s COVID-19 response further at risk, warns IRC
60 ICRC (2021), Yemen: Violence against linked to Covid – 19
61 IRC, “What happened? How the humanitarian response to COVID-19 failed to protect women and girls”, 2020. more than 1,000 children were deprived of their liberty on national security- related charges, including alleged association with Islamic State in Iraq and the Levant In the north-eastern Syrian Arab Republic, 94 percent of the 61,800 people in the Hawl camp were women and children, they have been exposed to violence, exploitation, abuse and deprivation of essentials 62
Conflict zones, such as Nigeria, face heightened food insecurity due to COVID-19's indirect effects Displacement, limited access to farmland, and rising food costs have compounded food shortages, while flooding and the economic downturn caused by the pandemic have further exacerbated the crisis.
PROPOSE SOLUTIONS FOR IMPROVING EFFICIENCY IN THE
The shortcomings in exercising the mechanism of the civilians’ protection
Protecting civilians in war is a regime that plays an important role in international law However, the practical application of these points is not easy as there may still be limitations Indeed, in contrast with all efforts have been made, several reports show the extremely negative numbers resulting from the violation of international humanitarian law, which have served as grim questions of the efficiency of such efforts in upholding the commitments to protect civilians in armed conflict
70 Allegations Of Genocide Under The Convention On The Prevention And Punishment Of The Crime Of Genocide (Ukraine V Russian Federation)
4.1.1 The clear violation of the IHL in attacking the civilian objects
Despite the fact that, attacking the civilian objects stipulated as an extremely grave breach, but it’s seem like, in practice, the violations of such norm continued to processing with an extreme disrespect to the IHL 71
In the Central African Republic, Libya, Mozambique, Nigeria, the Syrian Arab Republic, Yemen and elsewhere, schools, places of worship, homes, hospitals, markets, airports, water and sanitation infrastructure and other civilian objects have been destroyed or damaged, with long-term repercussions in terms of civilians’ access to food, water, health, education and other essentials, as well as their ability to engage in religious practices In Afghanistan, attacks have damaged or destroyed houses, schools, community health centers and civilian infrastructure, including roads, bridges, telecommunications towers and an electrical grid In the Democratic Republic of the Congo, 101 attacks on schools were documented In Libya and Ukraine, fighting has damaged water infrastructure and hindered maintenance, leading to cuts and shortages In the West Bank, the Israeli authorities demolished 847 Palestinian structures (homes, water, hygiene and sanitation assets and structures used for agriculture, including 156 structures donated as humanitarian aid), displacing 996 Palestinians and affecting the livelihoods of thousands
In addition, the indiscriminate attacks, especially with the use of explosive devices, in populated areas in 2020 constituted the number of civilian affections at about 50 millions, where the highest number of such casualties were in Afghanistan, Libya, the Syrian Arab Republic and Yemen 72 Especially, the use of explosive weapons in urban areas takes a devastating toll on essential infrastructure and services, with water, electricity and sanitation infrastructure often damaged or destroyed Health-care services are severely disrupted when medical personnel are killed or injured, ambulances unable to reach the wounded, hospitals damaged, and water and electricity cut off because supply lines have been destroyed Furthermore, a lack of water and sanitation exposes people to preventable
71 UNSC (2021), Secretary – General’s Report On The Protection Of Civilians In Armed Conflict, no S/2021/423, Part II - Global state of the protection of civilians in armed conflict
72 Jenifer Dathan (2020) , Action on Armed Violence, “Explosive Violence Monitor 2020” diseases, hampers health-care provision and compounds the health and nutrition risks posed by waterborne diseases Such absence of essential services has predictably crippled the country’s ability to contain the COVID-19 pandemic
4.1.2 The number of civilians killed, wounded remains unsatisfactory
In the latest report of the Secretary – General, the protection of civilians in armed conflict continued to state with a high level of civilian death, injury and psychological trauma, sexual violence, torture and disappearance 73
Indeed, civilian casualties were reported in several armed conflicts, including in Burkina Faso, Cameroon, the Central African Republic, Libya, Mozambique, Somalia and Ukraine In Afghanistan, the civilian casualties were documented at the number of 8,820, of whom 30 percent were children; in Yemen, it verified as 977, with 333 civilians killed and 644 injured; in the Syrian Arab Republic, it verified incidents in which at least 1,036 civilians were killed and 1,059 injured
The United Nations also recorded 6,766 civilian casualties from mines, improvised explosive devices and explosive remnants of war, with the highest numbers in Afghanistan, the Syrian Arab Republic and Yemen In Afghanistan, there was a 43 percent increase in civilian deaths from non-suicide improvised explosive devices in 2020 compared with
2019 In the Tigray region of Ethiopia, allegations of mass killings, sexual and gender- based violence, destruction and looting, abductions, forced displacement and forcible returns of refugees were of grave concern, as were reports of killings, mutilation, torture, rape and disappearance of civilians in northern Mozambique
4.1.3 Another human suffering resulted from the violation of IHL in armed conflicts
Firstly, the hunger and food security crisis: At the end of 2020, over 99 million people faced crisis or worse levels of acute food insecurity in 23 States, where conflict and insecurity played a major role in driving hunger, up from 77 million in 2019 For example, in Nigeria in 2020, an attack on a rice farm on the outskirts of Maiduguri killed at least 110
The Secretary-General's report on the protection of civilians in armed conflict highlights the impact on agriculture and food security Attacks on farms and farmers have escalated globally, with nearly 900 airstrikes and shelling incidents targeting Yemeni farms alone in the past three years These attacks disrupt food production, threaten livelihoods, and exacerbate food insecurity, particularly in conflict-affected areas.
As the Security Council noted in its resolution 2417 (2018), the armed conflict impacts on food security both directly and indirectly Indeed, the violations of the warring parties when mass attacking, notwithstanding the civilian objects which results in forced displacement of civilians from agricultural land, livestock grazing areas and fishing grounds or the destruction of food stocks and agricultural assets and leads to the disruption of the production and supply of food
Disruptions to food systems caused by armed conflict have severe consequences, including escalated food costs, reduced access to food preparation resources (such as water and fuel), and diminished household purchasing power In conflict-stricken regions, the price of a single meal can surpass a day's wages, exacerbating food insecurity and placing undue economic strain on households.
In the Syrian Arab Republic, the price of basic food items soared by 236 percent in 2020 and 12.4 million people – nearly 60 percent of the population – were food-insecure Another 1.3 million people – double the number recorded in 2019 – were in need of food assistance to survive In Yemen, 16.2 million people faced crisis levels of hunger owing to conflict, a collapsed economy and currency, crippling food prices and the destruction of public infrastructure 76
Commenting on this issue in Yemen in particular and in the conflict in general, Mr Jan Egeland, Secretary General of the Norwegian Refugee Council (NRC) said: “The incessant violence that has engulfed these farms is part of a larger pattern, where this senseless war is shattering Yemen’s ability to feed itself Fishing boats have been sunk, markets decimated, and flour mills destroyed This cuts off lifelines for millions Farmers who could provide lifesaving food have been bombed, shelled and killed while planting in their
74 The Guardians (2020), At least 110 dead in Nigeria after suspected Boko Haram attack
75 NRC (2020), Yemen: 900 airstrike and shelling hits on farms in three years
Propose solutions for improving efficiency in the protection of civilians in armed conflicts 49
As having a look directly into the shortcomings of the protection of civilians, to address the problem at its root, there is a need to improve such regime's ability to protect civilians in times of war through targeted solutions On that basis, we propose some of potential solutions as follows
Firstly, the ever best protection of civilians is that no armed conflict occurs, the states, and other stakeholders should, thus, make efforts to take armed conflicts to the least through nonviolent measures, such as: political mediation, early peaceful dialogue, warning/early response activities, etc The international community, if in need, joins hands to cool down the disputes and to create a peaceful environment for negotiations
Secondly, if armed conflicts become unstoppable, these emergency measures shall be taken directly and immediately
(i) The parties to armed conflicts shall firstly determine the target of attacking and take every measure of evacuation to make sure that no civilian and civilian object under the attacking This helps reduce the damages on civilians because this action includes the estimation of how badly the attack affect civilians After the attacks, they also need to collect the data about how large the damage is Some activities can be mentioned are: interviewing civilians or
79 International Rescue Committee (IRC) (2021), A decade of destruction: attacks on health care in Syria witnesses; analyzing the data or images obtained from satellites, All of this data is proof if one of the parties breaks the law, so it helps promote the responsibilities of all sides in armed conflict
(ii) The international community shall engage conflict-affected communities and local, national, and international civil society in a direct, robust, inclusive, and sustained dialogue on the protection of civilians and measures to minimize civilian harm
(iii) For the other neutral parties, besides promoting the peaceful dialogues, they should reduce the affection of weapons as much as possible Some of them, who have strength in weapons production, should reduce or stop exporting this kind of product for all the parties to the armed conflict If not, this can exacerbate the damage, especially can threaten the safety and life of civilians Some of specific the solutions are: signing in the weapon trade treaty and other similar treaties, building national legal framework in purchasing this production,
Thirdly, states, the warring parties, and non - state armed groups shall determine the role of the civilians’ protection in armed conflict as a primary responsibility in operating every act of military force Indeed, such protection should be considered as a whole-of-mission responsibility, not only a military task, which embodies an active duty to protect This would push the responsibility to protect to the most extent of it and eliminate the violations to the most
Fourthly, enhancing respect for the law of the parties in conflicts, states, the warring parties, non - state armed groups, etc shall use all possible means to ensure respect for the law of the parties in the conflict, including political dialogue with the parties, public statements and targeted measures Nowadays, with the challenges of urban warfare, States should take specific measures to protect civilians, including:
(i) Paying constant attention to the civilian population and civilian objects, avoid locating military targets in or near populated areas, and remove civilians and civilian objects from military target areas
(ii) Controlling the amount of weapons and ammunition released because they can unintentionally create tragedies in violation of international humanitarian law Rigorous due diligence measures should be prioritized, including an assessment of possible risks before allowing the export of weapons and ammunition Countries should make every effort to join the Arms Trade Treaty and related instruments and work together to ensure that their respective laws and policies are suitable with their international commitments
(iii) Building strategic imperative across scenarios from direct involvement in hostilities to support provided to parties to conflict, and through the full spectrum of UN and other international and regional peace operations This should entail prioritizing the health and wellbeing of people, supporting political and social structures that ensure justice and dignity, and protecting the environment, and be understood as a wider goal of conflict prevention and response
(iv) Developing national policy frameworks that include mechanisms to systematically record casualties, track, analyze, prevent, mitigate, and respond to civilian harm from the actions of their own and those of security partners, including the indirect and reverberating effects of hostilities on critical civilian objects, critical infrastructure and essential services, including health and education, and that ensure principled and sustained dialogue with humanitarian organizations in conflict contexts
Strengthening and ensuring respect for the rule of law must also be given to military alliances when conducting their activities (Ex: Coalition against ISSL ) They need to comply with the rules developed to prevent and address possible violations of international law by the coalition The coalition activities that need to be considered and respected to in order to protect civilians, include:
(i) To ensure the commitment of senior civilian and military leadership on cooperative activities to reduce civilian casualties
(ii) To establish a mechanism to monitor and evaluate civil casualty reports
Fifthly, enhancing cooperation and support from non-conflicts and international organizations, both in the protection of humanitarian and medical missions, especially in the current context of the COVID – 19 pandemic which lead the medical aid to the most essential
This principled and sustained engagement of humanitarian actors based on a thorough analysis of the warring parties can be seen as the key in increasing the parties’ respect of law Such participation for purely humanitarian purposes should be consistent with international humanitarian law and have no legal implications for the parties concerned The engagement of such groups is also an essential condition for negotiating humanitarian access, carrying out humanitarian actions, and seeking for compliance with the law
Sixthly, promoting genuine political will to realize accountability for war crimes and other serious violations, including by publicly condemning actors who violate international humanitarian law, international human rights law and other applicable legal frameworks This would directly minimize the violation of the parties to conflict or violations by others; and to take meaningful practical steps to minimize and respond to civilian harm in conflict In a more detail saying:
VIET NAM WITH THE PROTECTION OF CIVILIANS IN ARMED
Vietnam shows a frank point of view in the protection of civilians
Ambassador Dang Dinh Quy, Head of the Permanent Mission of Vietnam to the United Nations, reiterated the commitment of ASEAN countries on "Protecting civilians in armed conflicts" in his speech on behalf of ASEAN countries at the Summit to open the United Nations Security Council on May 23, 2019 The debate is open to the participation of nearly
80 member states of the United Nations, the International Red Cross and a number of regional organizations The speech represented the will of ASEAN countries in calling for stronger cooperation between ASEAN and the UN on issues of sharing experiences as well as peace-building works in the event of conflicts
According to the Ambassador, Vietnam sympathizes with the pain of people who got in armed conflicts because the country has experienced many wars for independence and sovereignty He called on the parties to the conflict to abide by international humanitarian law and prominent United Nations Security Council resolutions, and stressed that UN peacekeeping missions should meet the specific the specifics of their site, as well as the importance of local people's participation in the process to enhance their capacity to protect themselves and prevent escalation of conflict The countries emphasized the need to strengthen cooperation between the UN and regional organizations, and continuously integrate civil protection into other UN activities
Also on October 28/2020, President Nguyen Xuan Phuc attended and spoke at the Online High-Level Open Discussion session on Cooperation between the United Nations and the African Union with the theme "Strengthening solidarity for peace and security in a changing conflict environment” The speech showed Vietnam's policy to stand side by side with the international community to join hands to support people in African countries to overcome the consequences of the COVID-19 pandemic and reaffirm the friendly relationship between the two sides.
Vietnam in making several efforts for the protection of civilians in armed conflict as a neutral
Indeed, Vietnam appealed for increased protection of civilians during the political crisis in Sudan at the March 9, 2021 in the meeting with United Nations Security Council The unrest and escalating violence here directly affect the safety of people living in this country During the UN meeting, the rapporteur expressed concern about the economic, humanitarian and increased violence among communities (especially in the Darfur region) Speaking at the meeting, Ambassador Dang Dinh Quy, Head of the Permanent Mission of Vietnam to the United Nations, highly appreciated the progress made in Sudan and expressed his wish that the Government and stakeholders in Sudan would continue fully implement the Peace Agreement dated October 3, 2020, contributing to building long-term peace and stability in this country in the face of the impact of the COVID-19 pandemic
On the Vietnamese side, Ambassador Quy also pledged in the future with the contributions to international efforts, including participation in the United Nations Mission in South Sudan In addition, he also called on the international community to join hands in humanitarian assistance to Sudan and create conditions for the country to access international financial institutions
Vietnam urges international cooperation to safeguard the well-being of civilians amidst the ongoing Israel-Palestine conflict Deputy Head of the Vietnamese Delegation to the United Nations, Ambassador Pham Hai Anh, emphasized the need for collective action in an online meeting focused on ensuring the safety of innocent lives.
"Protecting civilians in armed conflict" with the participation of the United Nations Deputy Secretarry – General in charge of international affairs Mark Lowcock and ICRC President Peter Maurer In the meeting, we emphasized that "protecting civilians" in armed conflicts is an important priority of Vietnam at the Security Council and the United Nations The member states of the Security Council expressed deep concern about the civilian casualties in armed conflicts, saying that the Security Council and the international community needed to make more efforts and take action to reduce casualties as well as the impact of conflict on civilians Vietnam strongly condemns attacks on innocent people, civilian facilities (especially schools, hospitals, infrastructure that are essential to people's life such as water systems, foods, crops, etc.) The parties to the conflict need to comply with international humanitarian laws and ensure the implementation of a "humanitarian corridor" However, the noble goal of the parties is to quickly end the conflict situation, giving priority to peaceful negotiated solutions so that people in conflict areas are safe Vietnam and the Security Council have agreed to send a strong message on the issue of
"protecting civilians" and commit to implementing and complying for a peaceful future by reaffirming its support for the "Call for call for a humanitarian ceasefire” by Antonio Guterres - Secretary-General of the United Nations during the global COVID-19 pandemic
In the beginning of 2020, since the outbreak of the COVID – 19, Vietnam has continuously organized flights to support people living and working abroad, especially vulnerable groups such as women, children and the elderly, the disabled, etc that in need to repatriate to the country Recently, realizing the tense military situation in Ukraine, Vietnam has expressed great concern about the armed conflict in Ukraine We call on all parties to exercise restraint and immediately stop using force to avoid causing casualties and damage to civilians Along with that, the Government of Vietnam gives the highest priority to the safety of life, property, and other legitimate interests of Vietnamese citizens, legal entities, headquarters and members of our representative offices in Ukraine
The President stated that the highest priority is to protect Vietnamese people in warzones from being killed or injured Indeed, The President directs the relevant ministries and branches to bring overseas Vietnamese citizens out of the conflict – zones and return home country safely by the free rescue flights For those who want to stay, they must be taken out of the warzones by the Embassy and other relevant agencies to a safe place These are some of the typical efforts have been made by Vietnam in protecting civilians in armed conflicts and even in promoting a peaceful environment all over the world Vietnam, thereby, always affirms its cross – cutting opinion – neutral but standing for justice and humanitarian
CONCLUSION
Essentially, the study clarified the theory behind the protection of civilians in time of war, from international conventions to valuable judgements In addition, scientific research through legal analysis also provides information on how the civil protection mechanism works In addition, with the heat of COVID-19, we have expressed our concern about the real situation of civilians in some hotspots around the world Thus, to clarify the efforts of international organizations as well as other states to help the people of these countries overcome difficulties during the crisis directly resulting from war as well as the medical crisis due to the epidemic In particular, the article emphasizes the role of Vietnam as an active member that participates in international activities, strives to perform its functions well and contributes to maximizing the values of the regime to protect civilians in war.
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