This presentation explains the provisions in IHL relating to the protected persons.

1. Maj Gen Nilendra Kumar
Director
Lex Consilium Foundation
IN ARMED CONFLICTS

3. The term means the act of saving or preserving from injury or
harm, a thing, person or a group.
In IHL, individuals are accorded a ‘range of protections’ from the
effect of hostilities. Individuals accorded such protection are
called ‘protected persons’ within the specified limits of
protection given them by IHL.

4. The protected persons fall into several distinct categories.

5. 1. Combatants
2. Non-combatants
3. Civilians
4. Protected personnel
5. Retained personnel
6. Prisoner of War
7. Sick and wounded
8. Permanent
9. Auxiliary
10. Religious personnel
11. Medical personnel
12. Internees
13. Missing persons
14. Dead persons

6. A combatant, in simplest terms, is a member of an armed force-
a person who takes an active part in hostilities, who can kill, and
who, in turn, is a lawful military target.
Members of the Armed forces of a Party to the conflict (other
than medical and religious personnel) are combatants. They have
the right to participate directly in hostilities.

7. is a person who is not engaged in fighting during an
armed conflict especially a civilian, medical personnel
and religious teacher.

8. Members of the medical personnel and chaplains while retained
by the Detaining Power with a view to assisting prisoners of
war, shall not be considered as POW. GC III Art 33

9. In 1949, the four Geneva conventions enunciated the first
comprehensive set of rules protecting combatants and non-
combatants in armed conflicts.

10. AP I Art 34 contains elaborate provisions on the
remains of deceased.
Also see GC I Art 17, GC II Art 20, GC III Art
120, AP I Art 34, AP II Art 8.

11. It is non-criminal detention and as a security measure. It
cannot be used as a punishment. It is based on serious
threat that the activity of the detainees poses to the security
of the detaining authority.
Military internees may be in a neutral country. POW are
also kept under internment.

12. POW (excepting officers) can be compelled to work.
Civilian workers can only be employed as workers if
they so wish.

13. GENERAL OBLIGATION OF HUMANE
TREATMENT

14. The term means in a way that shows compassion or benevolence
and characterized by tenderness, compassion & sympathy for
people.

15. This would involve acting in a manner that causes least
harm to detained soldiers.

16. Wounded and sick
They shall be treated humanely and cared for by the Party to the
conflict in whose power they may be, without any adverse
distinction founded on sex, race, nationality, religion, political
opinions, or any other similar criteria.
GC I Art 12

17. It is opposite of being indifferent or careless.

18. Such persons shall be treated humanely and cared for by
the parties to the conflict in whose power they may be,
without any adverse distinction founded on sex, race,
nationality, religion, political opinions, or any other
similar criteria. GC II Art 12.

19. The entire GC III pertains to treatment of prisoners of war.

20. Prisoners of war must at all times be humanely treated.
GC III Art 13
Illustrations- Article
1. While being taken in captivity 12-16
2. During questioning 17
3. While performing labour. 49-57
4. At rest or recreation 34-38

21. 5. Quarter, food and clothing etc. 25-28
6. Hygiene and medical attention 29-32
7. Discipline 39-42
8. Rank 43-45
9. Correspondence 71

22. 1. Prisoners of war must at all times be humanely
treated.
2. Prisoners of War must at all times be protected
particularly against acts of violence or intimidation
and against insults and public curiosity..
GC III Art 13

23. GC III shall apply to the persons who are entitled to the
status of prisoners from the times they fall into the
power of the enemy to their repatriation.

24. STATUS
The term means relative professional position, standing at a
particular time during a process.
IF DOUBT ABOUT THE STATUS
Should any doubt arise as to whether persons, having
committed a belligerent act and having fallen into the hands of
the enemy, belong to any of the categories enumerated in
Article 4, such persons shall enjoy the protection of the
present Convention until such time as their status has been
determined by a competent tribunal. GC III Art 5.

25. 1. Quarter, food & clothing (Art 25 to 28)
2. Hygiene and medical and (Art 29 to 32)
3. Religious, intellectual and physical activities. (34 to 37)
4. Discipline (Art 39 to 41)
5. Labour ( Art 49 to 57)

26. Supervision is allowed by the representatives or delegates of the
Protective Powers. This is in relating to all places of internment,
imprisonment and labour. They shall have access to all premises
occupied by POWs.
GC III Art 126

27. 1. POWs shall be released and repatriated without delay after
the cessation of hostilities. GC III Art 118.
2. Internment shall cease as soon as possible after the close of
the hostilities. GC IV Art 133.

28. The term means the return of someone to their own country.

29. IHL provides requisite provisions for internment in
accordance with the Articles 41, 42, 43, 68 and 78 of GC
IV.

30. The broad policy is indicated in GC IV Art 135.

31. The High Contracting Parties shall endeavour, upon the
close of the hostilities or occupation, to ensure return of
all internees to their last place of residence, to facilitate
their repatriation.
GC IV Art 134

32. Internees may request that their children who are
left at liberty without parental care should be
interned with them. Interned member of the same
family should be housed in the same premises.
They may be granted all necessary facilities for
leading a proper family life.
GC IV Art 82

33. They shall at all times be humanely treated.
GC IV Art 27

34. Wounded and sick can be on two platforms-
a) On land (in field)
b) On board a ship

35. In all circumstances, they shall be treated humanely.
AP I Art 10 and AP II Art 7

36. I. Convention for Amelioration of the condition of the
Wounded and Sick in Armed Forces in the Field.
I. Geneva Convention for the Amelioration of the condition of
Wounded, Sick and Shipwrecked Members.

37. However, wounded and sick persons may also be
applicable in following situations-
a) Prisoners of War- 3rd Convention
b) Civilian persons in time of war- 4th Convention

38. These include-
a) Medical Personnel
b) Auxiliary Personnel
c) Hospital
d) Nurses
e) Stretcher-bearers and orderlies

39. The term means providing supplementary or additional
help.
Auxiliary are often medical workers or members of the
armed forces or may be non-qualified nurses.

40. 1. Medical personnel of a party to the conflict, whether
military or civilian.
2. Medical personnel of Red Cross or Red Crescent
organisations recognized & authorised.
3. Medical personnel of other aid societies recognized
and authorised.

41. a) Search
b) Collection
c) Treatment
d) Prevention of disease
e) Exclusively engaged in administration of medical units.
GC 1 Art 24

42. 1. Medical Units
2. Establishments eg. blood bank, medical stores, artificial
limb centres etc.

43. 1. Respected
2. Protected

44. The term means a feeling of deep admiration
for someone or something elicited by their
abilities, qualities or achievements. To admire
deeply.

45. Medical Personnel must not knowingly be attacked,
fired upon or unnecessarily prevented from discharging
their proper functions.
If needed, all available help shall be afforded to civilian
medical personnel in an area where civilian medical
services are disrupted by reason of combat activity. AP
I Art 15(2)

46. Objects- meaning a material thing that can be seen or touched or a
person or a thing to which a specified action or feeling is directed.
Medical Objects- They include blood bank, reserves, medicines,
means of transportation, stores, equipment.
Civilian objects- are all objects that are not military objectives. CIHL
Rule 9
Relevance of objects- The parties to the conflict must at all time
distinguish between civilian objects and military objectives. Attack
may only be directed against military objectives. Attacks must not be
directed against civilian objects. CIHL Rule 7

47. Civilian objects are protected against attack, unless and
for such time as they are military objectives.
CIHL Rule 10

48. Medical personnel exclusively assigned to medical duties
must be respected and protected in all circumstances.
They lose their protection if they commit acts outside
their humanitarian function or acts harmful to the enemy.

49. Medical personnel be granted all available help for the
performance of their duties.
Art 9 (1)

50. In the performance of their duties, medical
personnel may not be required to give priority to
any person except on medical grounds. AP II Art
9(2)

51. What is an emblem?
A symbolic object or distinctive badge of a nation,
organization or family.

52. The emblem of the Red Cross on a white background
and the words Red Cross or Geneva Cross may not be
employed either in time of peace or war, except as
mentioned in Conventions. GC I Art 44

53. A humanitarian aid society in an Islamic country that is
a member of the International Federation of Red Cross
and Red Crescent and has adopted its emblem.

54. Perfidy means being deceitful and untrustworthy.
The perfidious use of the emblem of the Red Cross
(and other protective signs or signals) is a grave breach.
AP I Article 18 and 38.

55. These may consists of the representatives of religious
organizations, relief societies or any other organization
which distribute relief supplies and material from any
source intended for religious, educational or
recreational purposes, and for assisting them in
organizing their leisure time within the camp.

56. The Fourth Convention guarantees the free passage of
medicaments and medical equipment, as well as objects
necessary for religious worship intended only for
civilians. It also permits free passage of foodstuffs,
clothing and tonics intended for children under fifteen,
expectant mothers and women in labour.

57. The personnel taking part in relief actions must be
respected and protected. AP I Art 71 (2)

58. Relief action for civilian population in a territory under
control of a Party to the conflict must include food
medicine, clothing, bedding, shelter and other supplies
essential to the survival of the civilian population.
AP I Art 69

59. Only in case of imperative military necessity may the
activities of the relief personnel be limited or their
movements temporarily restricted.
AP I Art 71 (3)

60. Relief means financial or practical assistance given to
those in special need or difficulty.

61. IHL affords requisite protection to different categories
of persons from the horrors of war.