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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 22, 20242024-05-22T15:37:05+05:30 2024-05-22T15:37:05+05:30In: INTERNATIONAL HUMANITARIAN LAW

Explain Protected persons under IHL.

Explain Protected persons under IHL.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-22T15:37:43+05:30Added an answer on May 22, 2024 at 3:37 pm

      Protected persons under International Humanitarian Law (IHL) refer to individuals who are entitled to special protections during armed conflicts, particularly in situations of international or non-international armed conflict. The concept of protected persons is primarily outlined in the four Geneva Conventions of 1949 and their Additional Protocols.

      There are several categories of protected persons under IHL:

      1. Civilians: Civilians are individuals who are not members of the armed forces or other organized armed groups. They are entitled to general protection against the effects of hostilities and must not be targeted directly. Civilians enjoy immunity from attack unless and for such time as they take a direct part in hostilities.

      2. Wounded, Sick, and Shipwrecked: These are individuals who are injured, sick, or shipwrecked as a result of armed conflict. They are entitled to medical care and protection, irrespective of their nationality or allegiance. The Geneva Conventions provide detailed provisions for the treatment and protection of these individuals, including the establishment of medical units and the designation of medical personnel.

      3. Prisoners of War (POWs): POWs are members of the armed forces who have fallen into the hands of the enemy during an armed conflict. They are entitled to humane treatment, protection from acts of violence, and respect for their dignity and rights. POWs must be detained in accordance with specific rules outlined in the Geneva Conventions and Additional Protocols, including provisions related to living conditions, judicial guarantees, and repatriation.

      4. Internally Displaced Persons (IDPs): IDPs are individuals who have been forced to flee their homes due to armed conflict, violence, or persecution but remain within the borders of their own country. While not explicitly defined as protected persons in the Geneva Conventions, IDPs are entitled to certain rights and protections under international human rights law and customary international law.

      Protected persons enjoy legal protections under IHL, which impose obligations on parties to a conflict to respect their rights and ensure their well-being. Violations of these protections constitute war crimes and can result in individual criminal responsibility under international law.

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