Ukraine-Russia war

التالى السابق

IHL is not advices but obligation

REPORTS - 8 days ago

Targeting Civilians and Children Violates IHL

South Eye

International Humanitarian Law (IHL), also known as the law of armed conflict, is designed to protect those who are not part of the fighting: primarily civilians, and particularly vulnerable groups like children. Rooted in the Geneva Conventions and other treaties, IHL prohibits intentional attacks on civilians and civilian infrastructure, especially schools and hospitals. Violations of these laws are not just breaches of international agreements but are often considered war crimes.

Principles of International Humanitarian Law

The core of IHL rests on principles aimed at limiting the impact of armed conflict on non-combatants. These principles include:

Distinction: All parties to a conflict must distinguish between combatants and civilians. Only combatants and military targets can be legally targeted in conflict.

Proportionality: Any attack must avoid excessive harm to civilians relative to the anticipated military gain.

Precaution: Armed forces must take all feasible precautions to avoid or minimize civilian harm.

These principles collectively aim to protect civilians from the effects of hostilities and maintain basic humanity even during war.

The Impact of Targeting Civilians and Children

Children, as one of the most vulnerable groups in armed conflicts, suffer disproportionately when civilian areas are targeted. They face direct threats to life, as well as long-term impacts like disrupted education, psychological trauma, and an increased likelihood of displacement. Reports from global conflicts demonstrate that children are often victims of attacks on schools, hospitals, and residential areas. Such attacks can result in long-lasting psychological and developmental harm, and are sometimes used to spread fear and exert control, tactics considered to be war crimes under IHL.

For instance, the United Nations has consistently documented violations against children in conflict zones worldwide. A report from UNICEF in 2023 stated that children in certain war-torn areas are at increasing risk of being victims of intentional violence due to deliberate attacks on schools and hospitals. These attacks infringe on children’s rights to safety, education, and health, further entrenching them in cycles of poverty and displacement.

Recent Violations of IHL and Responses

Numerous conflicts in recent history have seen reported violations of IHL through the targeting of civilians, with many such incidents making global headlines. Ukraine-Rissia, Hamas-Isreal, Syria & Northern Yemen military attacks against southern governorate borders  have seen documented cases where civilians and essential infrastructure were caught in hostilities. In response, entities like the International Criminal Court (ICC) and UN bodies have called for investigations, and in some cases, issued charges against leaders accused of authorizing attacks that fail to distinguish between combatants and civilians.

For example, the ICC's investigation into the Syrian conflict has included cases related to attacks on civilian areas, reflecting the seriousness with which the international community views these issues. However, enforcement remains challenging, particularly in regions where global powers hold vested interests.

Challenges to Enforcement and Accountability

While the framework of IHL is robust, the implementation and enforcement of these laws face significant challenges:

Lack of Jurisdiction: In some cases, countries are not signatories to certain IHL protocols or do not recognize the authority of international tribunals.

Political Interests: Geopolitical considerations often prevent strong responses from the international community.

Lack of Monitoring: In regions with limited access, verifying violations can be challenging, which hinders the collection of evidence necessary for prosecution.

These factors make it difficult to hold violators accountable, but continued efforts by NGOs, international agencies, and independent investigators are crucial to document and report these incidents.

Conclusion and the Way Forward

Protecting civilians and children in conflict zones remains an urgent priority. Strengthening IHL enforcement mechanisms and increasing support for humanitarian agencies, such as the UN and the International Red Cross, is essential to address these violations. This can involve a greater focus on training military personnel in IHL, improving monitoring mechanisms in conflict zones, and supporting international efforts to prosecute individuals responsible for war crimes.

International organizations and civil society must continue to advocate for accountability and push for reforms that enable more effective action against violators. Protecting civilians in conflict isn’t just a matter of legal obligation—it is a moral imperative that upholds the values of humanity in times of crisis.