20
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
separated from their parents, and facilitate the re-establishment of family
links and the reunification of families.19
3. The principle of distinction in international humanitarian law
Possibly the most important difference between international humanitarian
law and international human rights law is that the substantive protection
a person benefits from under the former depends on the category that
person belongs to, while under the latter all human beings benefit from
all human rights, although some human rights instruments establish and
protect specific rights for specific categories of persons, e.g., children,
persons with disabilities or migrants. In international humanitarian law,
the protection of civilians is not the same as the protection of combatants.
This difference is particularly relevant in the conduct of hostilities: there is
a fundamental distinction between civilians and combatants, and between
military objectives and civilian objects. Combatants may be attacked until
they surrender or are otherwise hors de combat, while civilians may not be
targeted, unless and for such time as they directly participate in hostilities,
and they are protected by the principles of proportionality and precaution
against the incidental effects of attacks against military objectives and
combatants.
The difference also has an impact on the protection of persons who are
in the power of the enemy. The protection of captured combatants who
turn into prisoners of war is not the same under Geneva Convention III as
that of protected civilians under Geneva Convention IV. In particular, the
former may be interned without any individual procedure, while protected
civilians may be deprived of their liberty only in the framework of criminal
proceedings or upon individual decision for imperative security reasons.
Among civilians in the power of a party to an international armed conflict,
international humanitarian law in addition distinguishes between protected
civilians (i.e., basically those of enemy nationality) and other civilians,
who benefit only from more limited fundamental guarantees.
Protocol I, arts. 52.2 and 52.3, and Geneva Convention IV, art. 50.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents