Page 138 - Conflitti Militari e Popolazioni Civili - Tomo I

138 XXXIV Congresso della CommIssIone InternazIonale dI storIa mIlItare • CIHm

his work “De jure belli ac pacis” (1625), was also against unlimited violence as he supported
only the necessary violence for the achievement of a military purpose without affecting civil-
ians. Jean-Jacques Rousseau in his “Social Contract” stressed that war refers to the States
and not to individuals , and added that those who are not involved in military operations,
2
should if possible carry on with their everyday activities, free of the war consequences.
During the Greek revolution, great sensitivity was raised on humanitarian law issues,
especially those referring to the protection of civilians and their property . Undoubtedly,
3
in order for the leadership of the revolution to realise its intentions, it gave the necessary
instructions to the armed fighters. From the very beginning of the Rebellion, written recom-
mendations and proclamations were issued. In addition, the speech of the Chief of the Hel-
lenic Fleet, at his swearing ceremony, was very touching as he gave an oath to respect foreign
property, even the Turkish one. At the same time, in April 1825, a great book “Mr Vattel’s
extracts on the Law of the Nations” was published in Nafplion, containing all chapters con-
sidered “related to the present needs and situation of the country” . One of the most impor-
4
tant chapters of the book is that referring to farmers and unarmed population. At this point it
can be seen that revolted Greece was the first to show interest in the sector of the civilians’
protection and implemented regulations which until then existed only in theory.

the Present legal status

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the 19 century was very important for the present form of the Law of Armed Conflicts.
The interest of humanity concentrated mostly on the effort to release fighters who were in a
state of need, and war prisoners. The issue of protection of civilians was mainly raised in the
th
middle of 20 century, after the teachings of World War II. Article VI of the Charter of the
Nuremberg trial was very important. Many other similar texts followed . Before starting the
5
6
2 Rousseau J.J., De Contrat Social, Liv. 1 Ch. IV., See WERNER, “Crimes of War and the International Mili-
tary Hierarchy” p. 91.
3 Ioannou K., External Policy and International Law in ’21, publ. Ant. Sakkoulas, Athens Komotini, 1979. Po-
litis S., “The Greek Freedom Fighters of 1821 and their Status Under International Law” minutes from In-
ternational Conference of U.S. Army Center of Military History, Washington DC., USA, 7-9 August 2007.
4 It refers to the important book of Swiss Emmerich de Vattel (1714-1767) entitled Droit des Gens ou Princi-
pes de la loi Naturelle Appliques a la Conduite et aux Affaires des Nations et des Souverains (1758), trans-
lated and adapted by Sp. Skoufos who singed it using the pseudonym “Patriot”.

5 it recites all acts which are punished as crimes according to international law, and are described as crimes
against humanity. These acts are namely, murder, extermination, enslavement, deportation, and other inhu-
man acts committed against any civilian population or persecutions on political, racial, or religious grounds
in execution of or in connection with any crime against piece or in combination with any other war crime.
6 The most important texts that followed are: a. The 1949 Geneva Convention relative to the Protection of
Civilian Persons in time of war, b. Resolution of the Institute of International Law on the distinction between
military objectives and non-military objectives in general and particularly the problems associated with
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weapons of mass destruction (Edinburg, 1969), c. Additional Protocol I to the Geneva Conventions of 12
August 1949 relating to the Protection of Victims of International Armed Conflicts, d. Additional Protocol
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II to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of Non-Internatio-
nal Armed Conflicts, e. the 1990 New York Convention on the Rights of the Child with article 38, f. the
1265/1999 Security Council Resolution on the protection of civilians in armed conflict, g. the 1296/2000
Security Council Resolution on the protection of civilians in armed conflict, h. the optional Protocol to the
Convention of the Rights of the Child (New York 2000).