Page 139 - Conflitti Militari e Popolazioni Civili - Tomo I

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study of the contemporary regime of civilians in the humanitarian law, it should be stressed
that the term civilian refers to any person who does not belong to the armed forces, or partici-
pate in general in military operations, nor has voluntary taken arms to fight against invasion
troops . Contemporary Humanitarian Law protects through relevant provisions , the civilian
7
8
population of international armed conflicts as well as civil population and individual civilians,
i.e. all those who do not participate in military operations. The presence within the civilian
population of individuals who do not come within the definition of civilians does not deprive
the population of its civilian character . Humanitarian law protects civilians on condition that
9
they do not participate in international or even non-international conflicts. Attacks without
distinctions as well as terrorism, violent acts and threatens against civilians are forbidden .
10
The belligerent States are obliged not only to allow, but also to facilitate any relief actions
from neutral states and humanitarian organisations provided that they carry out the necessary
search regarding their intention . The civilians enjoy respect for their persons, their religion,
11
their honour, their family rights, their manners and customs. Women, especially pregnant and
mothers of minors and all children are objects of deep respect. Women are protected against
any attack of their honour and in particular against rape, enforced prostitution and any form
of indecent assault . Belligerent parties must protect children in general, especially orphaned
12
or those separated from their families. The age of 15 is the limit for recruitment to the armed
forces . However if children under this age limit are arrested for participating to hostilities,
13
don’t lose their rights but continue to enjoy protection .
14
The use of civilian population as a human shield to protect military targets or delay
military operations is prohibited. Collective penalties, acts or threats of violence, reprisals
against civilians and their property, as well as arrest of hostages are also forbidden in occu-
pied territories or during non-international armed conflicts . another important element is
15

7 See article 50 (par. 1) in combination with article 43 of the Additional Protocol and also article 4A (par. 1, 2,
3 and 6) of the 1949 Geneva Convention on the Treatment of War Prisoners.

8 Additional Protocol II: article 13 to 18.
9 Additional Protocol I: article 50 (par. 3).
10 Geneva Convention (IV): article 27 (provision a), Additional Protocol I: art. 51 (par. 2), Additional Protocol
II: art. 13 (par. 2) on civilian population, the 1265/1999 and 1296/2000 Security Council Resolutions on
the protection of civilians in armed conflict (New York 1999 & 2000). Article 14 (par. 15d) of the General
Regulation of the Hellenic Army forbids strictly the destruction and pillage of private property.
11 Relief can be medicines and healthcare products, objects necessary for religious worship intended only for
civilians, foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity
cases. Geneva Convention (IV): article 23. Additional Protocol I: article 70.
12 Geneva Convention (IV): article 27e. Additional Protocol I: article 76 (par. 1, 2 and 3), 77 and 78.
13 Geneva Convention (IV): article 24. Additional Protocol I: article 77 (par. 1, 2 and 3). Optional Protocol to
the Convention on the Rights of the Child on the involvement of Children in Armed Conflicts. According to
article 38 of the Convention on the Rights of the Child, the contacted States shall take all feasible measures
to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. In
recruiting among those persons who have attained the age of fifteen years but who have not attained the age
of eighteen years, States Parties shall endeavour to give priority to those who are oldest.
14 Additional Protocol I: article 77. The right though of legal defence is not abolished in case of attack by a
child. Cf. MANGAKIS G. Penal Law, p. 189 et seq.
15 Geneva Convention (IV): articles 28, 33(a, b, c), 34. Additional Protocol I: articles 51(par. 7,2,6), 20. Ad-
ditional Protocol II article 13 (par. 2). Article 13 (par. 15d and e) of the General Regulation of the Hellenic