The rights of the civilian population during the war. International legal protection of civilians and victims of war

Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) was signed on 12 August 1949 and entered into force in 1950. It consists of 4 sections, 159 articles and applications.

According to the convention, in the event of a declared war or other armed conflict between the parties to the agreement, the parties guarantee that persons who do not directly take part in hostilities (including military personnel who have laid down their arms or stopped fighting due to illness, injury, etc.) shall, in all circumstances, be treated humanely without any discrimination. In addition, the convention prohibits infringement on life and human dignity, torture, hostage-taking, and extrajudicial execution. Nationals of any State not bound by this Convention shall not be protected by it. Citizens of a neutral state who are in the territory of one of the belligerent states, and citizens of any co-belligerent state, shall not be considered as protected persons so long as the state of which they are citizens has normal diplomatic representation with the state in power which they are. Persons who are protected by the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, or the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, or the Geneva Convention of 12 August 1949 on the Treatment of Prisoners of War shall not be considered as persons who enjoy protection within the meaning of this Convention. If, in occupied territory, an individual protected by the Convention is detained as a spy or saboteur, or as a legitimate suspect in activities endangering the security of the Occupying Power, that person may be deprived of the communication rights conferred by this Convention. The provisions of this document apply to the entire population of countries in conflict, without discrimination of any kind, in particular on grounds of race, nationality, religion or political opinion, and should contribute to alleviating the suffering caused by war. Even in peacetime, the Contracting Parties, and after the outbreak of hostilities, the Parties to the conflict may create on their own territory, and, if necessary, on the occupied territories, sanitary and safe zones and areas organized in such a way as to protect against the actions of war the wounded and sick, the disabled, the elderly, children under 15 years of age, pregnant women and mothers with children under 7 years of age. Each Party to the conflict shall contribute to efforts to search for the dead and wounded, to provide assistance to shipwrecked and other persons in serious danger, and to protect them from robbery and ill-treatment. Civilian hospitals organized for the care of the wounded, sick, disabled and women in childbirth may not under any circumstances be the object of attack, but will at all times enjoy the respect and protection of the Parties to the conflict. The protection to which civilian hospitals are entitled can only cease if they are used not only for their humanitarian purposes, but also for acts against the enemy.

The same respect should be given to vehicles intended for the transport of the wounded, the disabled and women in childbirth, and aircraft for the same purposes.

Every person in the territory of a Party to the conflict or in the territory occupied by it shall be able to communicate to members of his family, wherever they may be, and to receive from them information of a purely family nature. This correspondence will have to be forwarded quickly and without delay unnecessarily. Protected persons are entitled in all circumstances to respect for their person, honor, family rights, religious beliefs and rites, habits and customs. They will always be treated humanely and, in particular, they will be protected from any act of violence or intimidation, from insults and from the curiosity of the crowd. Women will be specially protected from any attack on their honor and, in particular, against rape, forced prostitution or any other form of attack on their morals. No coercive measures, either physical or moral, should be applied to protected persons, in particular, with the aim of obtaining information from them or from third parties. Any protected person who wishes to leave the territory at the beginning or during the conflict will have the right to do so provided that his departure is not contrary to the public interest of the country. Protected persons in all cases may receive benefits from their homeland, from the protecting power. An order for the internment or forced residence of protected persons in a particular place may be given only if it is absolutely necessary for the security of the Power in whose power they are. Protected persons who are in occupied territory shall in no case and in no way be deprived of the benefits of this Convention. Hijacking, for whatever reason, as well as the deportation of protected persons from occupied territory to the territory of the occupying power or to the territory of any other state is prohibited. Any destruction by the occupying Power of movable or immovable property that is the individual or collective property of individuals or the State is prohibited.

Civilian population- these are persons who do not belong to any category of participants in an armed conflict and do not directly participate in hostilities. Legal protection of the civilian population carried out in conflicts of both international and non-international character. The parties to the conflict must take all measures so that children under 15 years of age, those who are orphaned or divorced from their families because of the war, are not abandoned by fate (art. 24 of the Geneva Convention for the Protection of Civilian Persons in Time of War ). Cannot be applied to the civilian population no measures of physical or moral pressure in order to obtain any information.

It is forbidden to apply physical suffering or take any measures that will lead to the death of the civilian population (murder, torture, corporal punishment, mutilation, medical, scientific experiments, starvation among civilians as a method of warfare, terror, robbery, hostage-taking, other violence on the part of civilian or military representatives parties to the conflict). The civilian population and individual civilians must not be the object of attack. It is prohibited to use the civilian population to protect certain objects, points or areas of attack.

Civil objects should not be the object of attacks and reprisals, violent actions and prohibited means and methods of conduct should not be used against them war. In particular, they must not be attacked and destroyed structures containing dangerous forces (dams, dams, nuclear power plants), objects necessary for the survival of the civilian population (livestock, crops, food, water supplies and means of obtaining and cleaning it), other unprotected and non-military objects.

Military occupation regime. Military occupation- this is a temporary seizure of the territory (Part of the territory) of one state by the armed forces of another state and the establishment of a military administration in the occupied territory. The military occupation of any territory does not mean its transition under the sovereignty of the state that has captured it.

According to the provisions of the IV Hague Convention 1907 p., IV Geneva Convention 1949, Additional Protocol I, the occupying power is obliged to take all measures to ensure order in the occupied territory. The population of the occupied territory must obey the orders of the authorities, but it cannot be forced to take an oath of allegiance to the occupying power, to participate in hostilities directed against its state, to testify about the army of the latter. The honor, dignity, life of civilians, their property, religious beliefs, families must be respected. The occupying state must provide the civilian population with the necessary clothing, food and sanitary materials.

In the XX century. The world has experienced two world wars that were unprecedented in terms of loss of life and damage. The development of technology, the invention and improvement of new types of weapons have led to the fact that an arsenal has been accumulated on earth, which would be enough to completely destroy several planets like ours.

Since the second half of the XIX century. the process of enshrining the norms of international law aimed at protecting people suffering from disasters caused by armed conflicts has begun. These norms are proclaimed by international documents, which together form the basis of modern international humanitarian law.

The process of developing conventions took a long historical period. In 1864 - 1906 - 1929 the Geneva Conventions were adopted "to improve the lot of the wounded and sick in active armies." The Hague Conventions were adopted in 1899 and 1907.

After the Second World War, four main instruments of international humanitarian law were adopted, significantly strengthening the protection of victims of armed conflicts:

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949;

II Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea of ​​August 12, 1949;

In 1977 the provisions of these conventions were expanded by two additional protocols:

Protocol Additional to the Geneva Conventions of 12 August 1949, Relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977;

Protocol Additional to the Geneva Conventions of 12 August 1949, Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) of 8 June 1977

In addition to Geneva, there are also the Hague international conventions adopted at the 1st (3 conventions) and 2nd (13 conventions) peace conferences in The Hague in 1899 and 1907. The Hague Conventions contain provisions on the peaceful settlement of international disputes, on the opening of hostilities, neutrality, the protection of civilians, and the regime of prisoners of war. But I think that the name "peaceful" is not entirely appropriate, because. The focus of both conferences was not on how to eliminate wars, but on what rules to wage them.

Art. Section 27 of Section 3 of the Geneva Convention for the Protection of Civilian Persons in Time of War of August 12, 1949, entitled “STATUS OF PROTECTED PERSONS AND THE TREATMENT OF THEM” establishes that protected persons have the right in all circumstances to respect for their person, honor, family rights, religious beliefs and rituals, habits and customs. They will always be treated humanely and, in particular, they will be protected from any act of violence or intimidation, from insults and from the curiosity of the crowd.

Women will be specially protected from any attack on their honor, and in particular from rape, forced prostitution or any other form of attack on their morals.

Subject to the provisions relating to health, age and sex, the party to the conflict in whose power are protected persons shall treat all of them equally, without discrimination of any kind, in particular on grounds of race, religion or political opinion.

However, in respect of these persons, the parties to the conflict may take such control or security measures as may be necessary in consequence of the war.

Subsequently, the Hague and Geneva Conventions were repeatedly violated during the wars, so I consider it necessary to create a mechanism for law enforcement policy that minimizes violations of international humanitarian law.

The general protection of the civilian population from the dangers arising from military operations is possible only if the belligerents can distinguish the civilian population from those directly involved in the hostilities (combatants).

Under international humanitarian law, parties to a conflict are required at all times to distinguish between civilians and combatants and to take all possible precautions to spare civilians. At the same time, if the civilian population is provided with conditions of protection from violence and attacks by the enemy, then this assumes that it does not participate in the conflict.

Contemporary international humanitarian law prohibits acts of violence or threats of violence whose primary purpose is to terrorize civilians.

International humanitarian law provides for restrictions on the means and methods of warfare. The main principle of warfare is that the right of the parties to the conflict to choose methods or means of warfare is not unlimited.

Progress in the field of creating new means of warfare requires constant improvement of the legal basis for their use. International humanitarian law, the main documents of which have been ratified by almost all states of the world, limits the right of parties to use certain methods and means of warfare and obliges everyone who takes part in hostilities to follow the rules that regulate relations between parties to an armed conflict and ensure protection those who do not participate in it.

All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty is restricted, have the right to respect for their person, their honour, their convictions and their religious practices. Under all circumstances they are treated humanely and without any adverse distinction. It is forbidden to give an order not to leave anyone alive.

2. Without prejudice to the general provisions referred to above, the following acts in relation to the persons referred to in paragraph 1 are prohibited and will remain prohibited at any time and in any place:

a) infringement on the life, health, physical and mental condition of persons, in particular murder, as well as such ill-treatment as torture, mutilation or any form of corporal punishment;

b) collective punishments;

c) taking hostages;

d) acts of terrorism;

e) abuse of human dignity, in particular degrading and degrading treatment, rape, forced prostitution or indecent assault in any form;

f) slavery and the slave trade in all their forms;

g) robbery;

h) threats to do any of the above.

3. Children shall be provided with the necessary care and assistance, and in particular:

a) they receive education, including religious and moral education, according to the wishes of their parents or, in the absence of parents, of those persons who are responsible for their care;

(b) All necessary measures are taken to facilitate the reunification of separated families;

(c) Children under fifteen years of age shall not be recruited into armed forces or groups and shall not be allowed to take part in hostilities;

(d) The special protection provided for by this article in respect of children under fifteen years of age shall continue to apply to them if they take a direct part in hostilities, contrary to the provisions of subparagraph (c), and are taken prisoner.

(e) Where necessary and with the consent of their parents or those who, by law or custom, have primary responsibility for their care, where necessary and where possible, arrangements shall be made for the temporary evacuation of children from the area of ​​hostilities to a safer area inland, while securing their release their persons responsible for their safety and well-being.

Progress in the field of creating new means of warfare requires constant improvement of the legal basis for their use. For example, the use of asphyxiating gases during the First World War led to the awareness of the special danger of this type of weapon and its prohibition in 1925.

Adopted in the late XIX - early XX century. documents concerning the limitation of the means and methods of warfare, as new types of weapons appeared, were supplemented by the provisions of conventions, mainly aimed at prohibiting bacteriological and chemical weapons or means of influencing the environment.

Limitation of methods and means of warfare provides for:

Prohibition of indiscriminate attacks

The purpose of this restriction is to exclude the use of those methods and types of weapons that do not have sufficient accuracy to make the necessary distinction between military objectives and civilian populations and objects, as well as those whose impact cannot be limited in time and space.

Prohibition of attacks which may destroy or cause damage to civilian objects

Geneva Protocol on the Prohibition of the Use in Time of War of Asphyxiating, Toxic or Similar Gases and Bacteriological Weapons, of June 17, 1925, in places which would be excessive in relation to the concrete and direct military advantage which the attackers intend to gain.

This provision also applies to landmines. Mines are the deadliest weapon today. They strike blindly and inflict severe suffering and wounds on their victims. Within a radius of 30 meters they kill, within a radius of 100 meters they maim. Most mine victims are civilians. Many mines are designed in such a way that they are almost impossible to deactivate, most do not have a self-destruct mechanism. They are extremely difficult to detect. Often they are installed in quantities that do not correspond to military necessity. Mines really begin their deadly work when conflicts end. Experts have calculated that on average there is one mine for every 20 children in the world.

Landmines planted during World War II continue to kill and maim people even now, 55 years after it ended. One of the main obstacles to the organization of demining is its cost. A mine that cost US$3 to produce can cost US$1,000 to clear.

The manifestation of concern for the protection of the natural environment during the conduct of hostilities.

Modern security concept environment assumes that in the conduct of hostilities care must be taken to protect the natural environment from extensive, long-term and serious Damage in order to preserve the health or survival of the population. Thus, in 1976, the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing natural environment. It banned the use of military incendiaries against forests and other green spaces.

Prohibition of the use of civilian starvation as a method of warfare. Objects essential for the survival of the civilian population (e.g. food supplies, crops, livestock, drinking water installations and potable water supplies, irrigation facilities, etc.) must not be attacked, destroyed, removed or rendered useless.

Prohibition of hostilities based on treachery. Acts of perfidy are actions aimed at, with the aim of deception, gaining the confidence of the enemy and making him believe that he has the right to protection or is obliged to provide such protection, according to the norms of international humanitarian law.

Therefore, the deliberate misuse of the generally recognized emblems (red cross and red crescent, white flag, protective emblem of cultural property and other generally accepted protective signs) is prohibited. It is also prohibited during an attack or defense or to cover up military operations, the use of national symbols (flags, military emblems, uniforms, etc.) of the enemy side, as well as national symbols and emblems of states that are not parties to the conflict.

International humanitarian law, the main documents of which have been ratified by almost all states of the world, limits the right of parties to use certain methods and means of warfare and obliges everyone who takes part in hostilities to follow the rules that regulate relations between parties to an armed conflict and ensure protection those who do not participate in it.

· The convention “on the prohibition of air warfare” has not been adopted, because many military objectives are disguised as civilian ones and are often concentrated near civilian objects. During aerial bombardment or aerial shelling, it is almost impossible to hit only a military facility without hitting a civilian one.

LEGAL SCIENCES

P.G. Zverev

cand. legal Sci., Department of General Legal Disciplines, Kaliningrad Branch of the Federal State Educational Institution of Higher Professional Education "St. Petersburg University of the Ministry of Internal Affairs Russian Federation»

1949 GENEVA CONVENTION FOR THE PROTECTION OF CIVIL POPULATION IN TIME OF WAR: ON THE LAWS OF OCCUPATION IN THE LIGHT OF UN INTERNATIONAL PEACEKEEPING

Annotation. The article is devoted to the analysis of the provisions of the IV Geneva Convention on the Laws of Occupation. The conclusion is made about their importance for peacekeeping operations.

Keywords: United Nations, peacekeeping operations, laws of occupation.

P.G. Zverev, Kaliningrad Branch of the Saint-Petersburg University of the MIA of Russia

THE GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR

1949 ON THE ISSUE OF OCCUPATION LAW IN THE LIGHT OF INTERNATIONAL UN PEACEKEEPING

abstract. The article is devoted to the analysis of the provisions of the IV Geneva Convention on the law of occupation.

Keywords: United Nations, peace operations, law of occupation.

The Geneva (IV) Convention for the Protection of Civilian Persons in Time of War, 1949 (GC IV) mainly focuses on the relationship of the occupying power with the population of the occupied territory and, in particular, on the legal status of the latter. For this reason, it contains a large number of rules dedicated to the protection of "protected persons". Art. 4 of the Convention defines as such “persons who, at a certain moment and in a certain way, are in a situation of conflict or occupation in the power of one of the parties to the conflict or an occupying power of which they are not nationals”.

Part I section III(“Status and Treatment of Protected Persons”) contains the rules governing the status and treatment of protected persons residing in the territory of the parties to the conflict and occupied territory. Art. 27 of this section lists some guarantees of the status of these persons. A detailed commentary on this article is given by the International Committee of the Red Cross, which defines it as "the basis of the entire Convention, proclaiming the principles of all "Law of Geneva"" .

Other norms establishing the basis for the treatment of this category of persons are contained in Art. 31 and 33 of the Convention. Modern peacekeeping operations constantly interact with individuals in the territory of the host state, so the rules for dealing with them are extremely important. The standards provided for in GC IV are legally useful, but they are formulated in the most general form and thus represent a very limited practical guide. In addition, the Convention itself, in particular its Art. 5 and 27 provide for exceptions to the general rule. For example, Art. 27 states that "the parties to the conflict may take such measures of security and control in relation to protected persons as may be necessary in conditions of war."

One important aspect of the treatment of individuals during peacekeeping operations is detention. This is perfectly illustrated by the so-called Danish government initiated in 2007. "Copenhagen process", the purpose of which was to find a multilateral solution to the problems that arise in the implementation of the detention of persons during international

people's military operations. There is a clear need for guidelines on this issue. It seems that a number of provisions of GC IV could become just such guidelines. Of particular interest in this regard is the experience of Australia's peacekeeping activities in East Timor.

The Australian Armed Forces applied by analogy a number of occupation laws in developing the detention procedure for the International Force in East Timor. Application found, in particular, Art. 70 and 76 LCD IV. Among other articles of the Convention that may form the basis of guidelines, one should also mention Art. 45, 68 and 78. In particular, Art. 68 and 78, under the laws of occupation, provide the legal basis for detention. Obviously, these articles can be used as a legal basis for internment in cases where the laws of occupation are applied de jure (Latin de iure "legally", "by (according to) law"). In other cases, they may simply be useful in concretizing the detention provisions of the peacekeeping operation's mandate.

Frequently, a UN Security Council resolution mandate contains the phrase that the operation may use "all necessary means." This phrase is the shortest formula for authorizing the use of necessary and proportionate force to achieve the goals set out in the mandate. The right to use force also implies the power to detain persons. However, the mere mention given in the resolution does not clarify how detention should be carried out.

Art. 45 GC IV deals with the transfer of detainees. Among other things, it provides that protected persons may be transferred by the Power in whose power they are only after that Power is satisfied that the other Power to which the persons are transferred is willing and able to apply GC IV. Art. 45 also provides that a protected person may not, under any circumstances, be transferred to a country where he might fear persecution on account of his political or religious beliefs.

In the practice of peacekeeping operations, cases of transferring detainees to third parties are not uncommon, which causes a lot of controversy in this regard. The Netherlands, for example, has entered into a memorandum of understanding with the Afghan authorities regarding the transfer and treatment of detainees. The memorandum was based, in particular, on Art. 45 LCD IV.

Section IV of GC IV contains a long list of rules for the treatment of detainees. This list is very relevant for peacekeeping operations, especially for situations of detention of persons for a long time. Both human rights law and international humanitarian law require humane treatment of detainees. In addition to the legal aspect itself, humane treatment is also a moral requirement, and for this reason the treatment of detainees is subject to social and political scrutiny in troop-contributing States. Mistreatment of detainees can shake the very public support for peacekeeping operations. GC IV rules on the treatment of detainees provide useful standards for military leaders in peacekeeping operations to ensure humane treatment, even if those standards are not legally binding in a peacekeeping operation.

Changes affecting the institutions of power in the occupied territory during the period of occupation should not adversely affect the rights and freedoms of the local population. After all, if there is no occupation, there are no restrictions on the legal status of the individual. This allows us to conclude that the application of a number of norms of the GC IV is organically linked to the issue of the state of occupation in the zone of a particular peacekeeping operation.

Based on the foregoing, it can be concluded that the laws of occupation are intended to regulate the same or similar situations in which peacekeeping operations are established and conducted. Consequently, on their basis, useful recommendations (instructions) can be developed for the military leaders of peacekeeping contingents even in those conditions when de jure the laws of occupation are not applied.

Bibliography:

1. Zverev P.G. The operation of the laws of occupation in the context of UN peacekeeping operations // Actual problems of the humanities and natural sciences. - 2014. - No. 3 (62).

2. Zverev P.G. Complementarity of human rights law and international humanitarian law in the context of UN peacekeeping operations [Electronic resource] // Law of obligations: electronic scientific journal. - 2013. - No. 2 (3). - S. 3-8. - URL: http://www.law-of-obligations.ingnpublishing.com

3. Zverev P.G. The first Copenhagen process for the treatment of detainees during international military operations // Young scientist. - 2014. - No. 3 (62).

4. Zverev P.G. Implementation of the right to detention during peacekeeping operations: organizational and legal aspects // Young scientist. - 2014. - No. 2. - S. 581-584.

5. Commentary: the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War / ed. by J. Pictet. - ICRC, 1958. - P. 199-200.

6. Oswald B. Detention in Military Operations; Some Military, Political and Legal Aspects // Evue de Droit Militaire et de Droit de la Guerre Operational. - 2007. - Vol. 46. ​​- P. 341.

V.V. ALYOSHIN, Ph.D. in Law, Associate Professor History shows that it took hundreds and even thousands of years before the mechanisms protecting the civilian population from the cruelties of war were formed. In ancient times, the enemy was viewed as a being without rights, in relation to which any actions were allowed (moreover, the very concept of "enemy" had many meanings). The civilian population was not protected from violence.

This article was copied from https://www.site

V.V. ALESHIN,

PhD in Law, Associate Professor

History shows that it took hundreds and even thousands of years before mechanisms were formed to protect the civilian population from the brutality of war. In ancient times, the enemy was viewed as a being without rights, in relation to which any actions were allowed (moreover, the very concept of "enemy" had many meanings). The civilian population was not protected from violence. If the winner spared the civilian population of the enemy state, he did it for moral and political reasons, and not according to the requirements of law. Scientists of that time considered two main provisions: firstly, all subjects of warring states should be considered enemies; secondly, the vanquished submit to the will of the victor.

The inviolability of the civilian population was enshrined only in 1907 by the Hague Convention on the Laws and Customs of War on Land (hereinafter referred to as the Hague Convention). Currently, in addition to this convention, issues of the protection of civilians are defined by the Geneva Convention on the Protection of Civilian Persons in Time of War of August 12, 1949 (hereinafter referred to as the IV Convention), as well as additional protocols to the 1949 conventions.

For more than 40 years, the Hague Convention remained the only treaty source of international law related to the protection of the civilian population, as it contained a number of important provisions delimiting the army and the civilian population during the war, establishing the immunity of the latter from hostilities and determining the legal regime of military occupation.

The grossest violation of the rights of the civilian population by fascist Germany during the Great Patriotic War necessitated the development of new, more universal norms aimed at protecting the civilian population from the consequences of armed conflicts. It is no coincidence that the IV Convention regulates exclusively the protection of the civilian population in times of war.

However, after the adoption in 1949 of the four Geneva Conventions, armed conflicts in the world did not stop. Over time, the means and methods of warfare became more advanced and sophisticated. Conflicts began to arise more often in which the regular armed forces were opposed by armed opposition groups, and civilians were subjected to terror, intimidation, and were also used to achieve various political goals. Such hostilities were accompanied by significant losses among the civilian population. This situation required updating existing international legal acts.

At a diplomatic conference in 1977, two additional protocols to the Geneva Conventions of 1949 were adopted, which, in particular, significantly improved the methods of protecting civilians.

The obligation of belligerents under international law to distinguish between those who take a direct part in an armed conflict and those who do not take such part is the main content of modern international law applicable in armed conflicts. However, the consolidation of such a duty in itself is not yet a sufficient legal condition for ensuring effective protection of the civilian population without clarifying the legal content of the object of protection, i.e. without defining the concepts of "civilian population" and "civilian".

A rather narrow definition of such concepts is contained in Convention IV, which protects persons who, at any time and in any way, are in the power of a Party to the conflict or an occupying Power of which they are not nationals in the event of armed conflict or occupation. are. The document contains a number of exceptions to the provision of conventional protection. Protection is not granted: firstly, to nationals of any State not bound by the provisions of this Convention; secondly, to the nationals of a neutral state and of any other belligerent state, so long as the state of which they are nationals has diplomatic relations with the state in whose power they are; thirdly, to persons under the protection of the I, II and III conventions of 1949, i.e., the wounded, sick, shipwrecked, members of the armed forces, as well as prisoners of war.

Thus, the scope of application of Convention IV is limited to the protection of those civilians who, at any time and under certain circumstances, find themselves, in the event of armed conflict or occupation, in the hands of another belligerent State.

This restrictive approach existed until 1977. Additional Protocol I to the conventions of August 12, 1949, concerning the protection of victims of international armed conflicts, consolidated several additional and progressive novels. According to Part 1 of Art. 50 of Protocol I “a civilian is any person who is not a member of the armed forces, militias and volunteer units spontaneously formed into armed groups to fight invading enemy troops.” As such, such persons are protected by international law. S.A. Yegorov rightly notes that civilians do not have the right to take part in hostilities. Those who violate this prohibition must bear in mind that they are deprived of protection and that force will be used against them.

Protocol I is silent on members of illegal armed groups during internal armed conflicts. In our opinion, such persons who openly or secretly oppose the legitimate authorities cannot be classified as civilians. In this regard, the first sentence of Part 1 of Art. 50 of Protocol I, it is advisable to add the following words: “and also not belonging to illegal armed formations during an internal armed conflict.”

In the event of doubt as to the status of a person, Protocol I recommends that such a person be considered a civilian. We think this is a rather controversial approach. Of course, the relevant authorities of each state take the necessary measures to check specific individuals for their involvement in the commission of illegal acts. It seems that it is important to consolidate such an approach in an international document. In this regard, the second sentence of Part 1 of Art. 50 of Protocol I, it is advisable to add the following words: “In necessary cases, the competent authorities of the state, in the manner prescribed by national law, carry out checks on persons who are suspected of their involvement in the commission of unlawful acts. In the case of establishing the involvement of such persons in the commission of unlawful acts, they are not considered as civilians.

Protocol I does not define the civilian population, but specifies that it consists of those who are civilians. It is emphasized that the presence among the civilian population of individuals who do not fall under the definition of civilians does not deprive this population of its civilian character. It follows from the meaning of this provision that the civilian population may be deprived of the right to protection only if among them are members of armed detachments, military armed units.

International law provides for the provision of various levels of protection and certain security regimes to the civilian population, provides both general and special legal protection from the consequences of hostilities. General protection is granted to all civilians, regardless of age, political opinions, religious beliefs, etc.

Speaking about the provision of special protection, one should agree with the arguments of V.V. Furcalo, who writes that its provision is associated with the increased vulnerability of certain categories of protected people (children, women) in armed conflicts or due to their special role in providing assistance to the civilian population and ensuring its survival during hostilities (personnel of medical units).

So far, only a few studies have been carried out in the field of legal protection of children during armed conflicts, so it is advisable to consider this issue in detail.

The general protection of children is the same as the general protection afforded to all protected persons. In particular, children must not be the object of attack. Under all circumstances, belligerents are prohibited from: first, acts of violence or threats that have the main purpose of terrorizing the civilian population; secondly, the attack on civilians by way of reprisals; thirdly, the use of the civilian population to protect certain areas from military operations.

The provisions of the IV Convention and the two additional protocols of 1977 to the 1949 conventions aim to respect the principle of humane treatment of people, including respect for life, honor, physical and mental integrity, the prohibition of torture, corporal punishment, etc. Moreover, children, as part of civilian populations are protected by the rules of international law relating to the conduct of war, such as the need to distinguish between civilians and combatants.

The special protection of children in times of armed conflict differs in certain respects from the guarantees afforded to others. Despite the fact that the IV Convention contains numerous provisions on the protection of children, the principle on the basis of which children enjoy special protection is not clearly stated in it. This gap is filled by Protocol I, which states that children are given special respect and protection against any kind of abuse. The parties to the conflict have the responsibility to provide children with the protection and assistance that is required due to age or for any other reason (medical issues, interethnic and religious relations).

The protection of children in times of non-international armed conflict is determined by Additional Protocol II to the conventions of 12 August 1949, Article 4 "Basic Guarantees" of which contains a clause dedicated exclusively to children. It provides that children are provided with the necessary care and assistance, and lists special measures relating to children aimed at protecting them.

According to the findings of a UNESCO study on children and war, the provisions of international humanitarian law aimed at preserving the integrity of the family during armed conflicts are of particular importance. “When we study the nature of the psychological trauma received by a child who has become a victim of war, we find that he is not emotionally affected by such manifestations of war as bombings and military operations. The impact of external events on family ties and separation from the usual way of life - this is what affects the child, and most of all - separation from the mother.

The 1948 Universal Declaration of Human Rights proclaims that the family is the sole and fundamental unit of society and is entitled to the protection of society and the State. The 1966 International Covenant on Civil and Political Rights (Articles 23 and 24) and the 1966 International Covenant on Economic, Social and Cultural Rights (Article 10) establish rules governing the special protection of the child. The provisions of these documents are detailed in the 1949 conventions and additional protocols to them.

IV Convention contains rules according to which interned members of the same family must be kept in the same room, separate from other internees. They must be provided with the necessary conditions for the conduct of normal family life. Moreover, internees may demand that their children, left without parental care, be interned with them. However, this rule may be limited, for example, due to illness of parents or children, enforcement of a judicial decision, but these restrictions must comply with national law and can be challenged by interested parties in court. Protocols I and II establish the duty of belligerents to facilitate family reunification.

Significant legal guarantees for mothers and children are enshrined in Protocol I (Article 76): women enjoy special respect, they are protected from various kinds of attacks (for example, forced prostitution). Cases of arrested, detained or interned mothers of young children, pregnant women are considered as a matter of priority. The death sentence against them is not carried out. Note also that the provisions of Protocol I relating to arrested, detained or interned mothers with dependent children require the maintenance of mother and child together. Unfortunately, Protocol II does not contain similar provisions, which is its significant shortcoming.

An important place in international law is occupied by the issues of observance of the rights of the child during temporary evacuation during an armed conflict. Evacuation must meet the requirements set out in Art. 78 of Protocol I. Temporary evacuation can only be carried out for urgent reasons that are related to the health or treatment of children, as well as for security reasons. The safety of children during an armed conflict should be understood as the state of protection of a child from internal and external threats. When the proper state of protection of children cannot be ensured, the issue of their temporary evacuation is decided. The evacuation requires the mandatory written consent of the parents or legal representatives. If their whereabouts are unknown, written consent to evacuation is required from persons who, by law or custom, have primary responsibility for the care of children (these may be chief physicians of hospitals, sanatoriums, directors of boarding schools, heads of kindergartens, head coaches or administrators of sports camps, as well as able-bodied relatives who were not legal representatives of the children during the evacuation period). Such evacuation shall be carried out under the supervision of the Protecting Power in agreement with the parties concerned. The terms of temporary evacuation are not fixed in the document, however, according to the article under consideration, temporary evacuation should end after the end of hostilities and the restoration of constitutional order. In order to prevent various conflict situations that may arise during the period of evacuation of children, their stay on the territory of another state, return home, these issues should be regulated by the parties concerned, i.e. create (determine) special bodies responsible for the evacuation and return of children , normatively (at the level of regulations or instructions) to determine their rights, duties, responsibilities in this area of ​​activity. In order to facilitate the return to the family and the country, a special registration card is issued for each child. All cards are sent to the Central Information Agency of the International Committee of the Red Cross (ICRC). If it was not possible to fill out such cards and submit them to the ICRC, then Art. 24 IV of the Convention, which directs states to provide children with identification medallions or use any other means that contribute to the identification of children under the age of 12 years.

In non-international armed conflicts, Protocol II provides for the evacuation of children from a war zone to a safer area inland. Such work is always associated with the solution of a number of administrative and organizational tasks. Children must continue their studies, receive information about the fate of their parents and other information. These tasks can be quickly carried out by the state authorities in close cooperation with the ICRC staff, who have considerable experience in similar work.

An important issue in any war is the participation of children in hostilities, since it is almost impossible to prevent this. In such a crisis, children will not only help their struggling parents in everything, but also direct all their efforts to be like them. The age criterion for participation in hostilities is established by two additional protocols, which establish that children under the age of 15 are not subject to recruitment into the armed forces and are not allowed to take part in hostilities.

Thus, additional protocols establish a complete and absolute ban on the participation in hostilities of children under 15 years of age. In our opinion, in general, such a ban applies to direct (direct) participation in hostilities with weapons in hand and indirect (indirect) participation in the war, i.e., to conduct reconnaissance of the area, collect and transfer information, provide technical assistance, conduct sabotage activities.

When forming military units from among persons aged 15 to 18, Protocol I directs states to give priority to older persons. If, despite the prohibition contained in paragraph 2 of Art. 77 of Protocol I, children under the age of 15 have been enrolled in the armed forces, they are considered as combatants and, when captured, have the status of prisoners of war. However, when held captive, they enjoy special protection under international law. The provisions of Protocol I are addressed to the parties to the conflict, and not to children, whose participation in hostilities does not constitute a violation of the law on their part.

A significant step in the development of the law in times of armed conflict are the provisions of the IV Convention and two protocols, which clearly establish a specific age criterion of 18 years - the absolute limit, in case of non-compliance with which the death penalty cannot be imposed, even if there are all other conditions that make such a sentence applicable.

The problem of protecting children during armed conflicts is currently relevant. The events in Chechnya, Yugoslavia, Iraq, Afghanistan, Africa and other areas of armed confrontation have convincingly shown that the most unprotected and disenfranchised category of persons during the period of hostilities are children. Illness, mental and physical trauma, pain and grief from the loss of parents and loved ones, hunger, poverty, fear, lack of faith in justice accompany the child in such crisis situations.

Numerous provisions of international law establish and develop the principle of special protection for children in times of armed conflict. These rules must be strictly observed by the belligerents.

Bibliography

1 See: Kalugin V.Yu., Pavlova L.V., Fisenko I.V. International humanitarian law. - Minsk, 1998. S. 149.

2 See: Blunchini I. Modern international law of civilized peoples, set out in the form of a code. - M., 1876. S. 39-40.

3 See: Artsibasov I.N., Egorov S.A. Armed conflict: law, politics, diplomacy. - M, 1989. S. 131.

4 See: Artsibasov I.N., Egorov S.A. Decree. op. S. 133.

5 See: Egorov S.A. Armed conflict and international law. - M., 2003. S. 220.

6 See: Furkalo V.V. International legal protection of the civilian population in armed conflicts. - K., 1998. S. 76.

7 Quot. Cited from: Planter D. Children and War // Child Protection in International Humanitarian Law. - M., 1995. S. 9-10.

8 See: Dutli M.T. Children and war // Children-combatants captured. - M., 1995. S. 16.