Forum: Human Rights Council II Issue: Measures to ensure continued protection of civilians in war zones Student Officer: Adam McMahon Position: Deputy Chair 1
Introduction The matter of protecting civilians during times of war does not only refer to the quantitative death toll of civilians in a war, but also refers to protecting refugees that have fled during times of war and IDP s (Internally displaced persons). While member states have drastically improved protection towards unarmed civilians since the end of the WWI and WWII in which an estimated combined 500,000 or more civilians were killed across the UK, Japan and Germany not to mention the 11 million that perished in the Holocaust. In fact, the majority of those killed were women and children, not to mention the amount of industries and homes that were destroyed which crippled businesses and displaced millions. Since then, the Geneva Convention have come into effect along with various amendments, such as Protocol I, have made vast improvements to spare the lives of non-combatants and their property. However, not all member states have ratified Protocol I and Rome Statute including the United States, China, India, Israel, India, Pakistan, and Iran. Evidently, many resolutions could be passed to improve the situations of civilians in war zones which is something that the UN has attempted to achieve for the past 70 years along with many NGO s, governments and external activist groups. All in all, a variety of approaches and arguments could be made in order to make headway on the subject and someday reduce civilian impact to a minimum. Credit: Wikimedia
Key Terms Defined Credit: Reuters Non-Combatants: A person who is not engaged in fighting during a war, especially a civilian, army chaplain, army doctor or armed forces members who have laid down their arms. Protection: Ensuring the well being and humane treatment of civilians as well as their property, including homes and businesses Collateral damage: Inadvertent casualties and destruction in civilian areas during the course of war Customary International Law: Aspects of international law that are derived from customs and general principles of law
History As mentioned in the introduction, there has been actions by the UN in the past 70 years in regards to this topic, especially during the aftermath of WWI & WWII. Throughout history, countries have ruthlessly detonated chemical weapons, nuclear bombs and other forces of mass destruction over densely populated civilian areas in order to destroy a few military bases or even with the direct intent to create chaos and cripple business within a country. However, the most notable occasions in which large amounts of civilians perished were during WWI and WWII. After the 4 th Geneva Convention in 1949, the amount of civilian casualties in the next major war, the Vietnam War, was significantly reduced but not completely. At this point, the UN introduced Protocol I which further clarified the circumstances. The next major war in the world, is a war that we are still fighting today, the War on Terror/GWOT/War in Afghanistan. Since the start of the conflict in Afghanistan, post 9/11 till the present, a total of 26,000 civilians have died and studies show that 2/3 of Afghans suffer from mental illness due to the war. So, all in all, some major improvements have been made, but evidently, 26,000 deaths is still not a low enough number of civilian casualties. Credit: rawa.org
Key Issues Some key issues of the protection of civilians include factors of how to classify non-combatants in split second decisions, the effectiveness and ethics behind using destructive airstrikes to combat terrorists hiding within villages and how much collateral damage is considered acceptable along with many other issues. Currently, the lines between what is and isn t in violation of the 4 th Geneva Convention are blurred which is taken advantage of by various military leaders. Frankly, a lot of improvement could be made towards ensuring that these international laws are made clear and that they are monitored to some extent to stop militaries from committing war crimes. The issue as a whole is quite controversial as ethically it extends much further than an armed force member directly shooting a civilian. Also, customary international laws do come into play here even though there are still issues with the official laws outlined in the Geneva conventions. Furthermore, many people are unsure of exactly whether it's morally right to destroy a whole village in which insurgents are hiding in for the sake of taking out a handful of terrorists while also destroying a civilian village and killing many civilians in the process.
General Overview / UN Perspective Credit: ICRC Currently, this is a topic that has risen in the UN Security Council, Human Rights Council and General Assembly multiple times with a variety of resolutions being passed in addition to the 4 th Geneva Convention and Protocol I. It has been made quite clear by various councils and committees as well as from the UN Secretary General that ensuring the safety of civilians should be made a top priority in times of war. After all, what s the point in having a war if there's nothing left at the end of it? Furthermore, the ICRC (International Committee of the Red Cross) has made it one of their top priorities to convey to governments that this is a problem that needs to be address. Also, the ICRC has even argued that despite the fact that countries such as the USA, Israel and Iran have not ratified Protocol I, most of the articles included in Protocol I fall under customary international law anyways and therefore these states should abide by these laws.
Major Parties Involved and Their Views United States of America Claim that they are making efforts to reduce civilian casualties even though they continue with air strikes in civilian villages as the death toll continues to rise. It has not ratified Protocol I. Israel Sides with the US, has not ratified Protocol I due to the government's intentions to defend the nation from continued attacks under the current state of emergency in effect since 1948. Afghanistan/Iran Feels that western forces have total disregard for Afghan/Iranian life and have killed thousands of innocent people in order to kill a select few within. ICRC (International Committee of the Red Cross) Strongly working to protect aid workers as well as civilians that are needlessly killed in the crossfire and considered collateral damage.
Timeline of Events (1) World War I (1914-1918) 260,000 civilians died from chemical weapons due to winds carrying over the poisons World War II (1939-1945) The Blitz, 1940: 40,000 British civilians perished Bombing of Hamburg, 1943: 42,600 German civilians died Bombing of Dresden, 1945: 25,000 German civilians killed Compiled U.S. Air Raids on Japan: 246,000 civilians killed Holocaust: 11 million civilians and prisoners of war killed Vietnam War (1955-1975) My Lai Massacre: Hundreds of unarmed civilians shot Batang Kali Massacre: 24 unarmed villagers shot
Timeline of Events (2) War in Afghanistan (War on Terror): (2001-Present) 2001: 1,300 civilians killed due to US air strikes 2002: 3,200 Afghans died of starvation or illness due to the conflict with an additional 1,201 killed from air strikes 2003: Total of 3,600 Afghans killed to date on June 3, 2003 by US forces alone 2004: N/A 2005: 478 civilians killed due to US/NATO actions in the region 2006: 699 Afghans killed by insurgents, 116 Afghans killed by US airstrikes and 114 by ground fire by either US or NATO forces. Total estimate from HRW of 4,400 afghans killed. 2007: 950 civilians killed by insurgents. 321 by airstrikes, 113 by ground fire, 57 in crossfire, and another 192 deaths are from unclear circumstances 2008: 2,300 killed by insurgents, with 930 being suicide bombings. 1,620 were killed by either US or NATO forces. 2009: 2,412 civilians died from internationally led military forces 2010: 2,777 civilians were killed by US-led forces 2011: 1,167 deaths caused by anti-government elements and a further 1,462 deaths from direct war conflict 2012: First decrease in number of deaths since the UN began tracking the war death toll 2013/2014: International aid workers started to be targeted, 1,319 civilians were killed
UN Involvement, Resolutions, Treaties and Events Rome Statute The treaty that established the ICC (International Criminal Court) that judges the main four international crimes, including war crimes The 4 th Geneva Convention, 1949 Prohibits murder, torture, mutilation, violence, the taking of hostages of non-combatant civilians and members of the armed forces who have laid down their weapons, and that they shall be treated humanely. Protocol I, 1977 Additional clarification and amendments to the 4 th Geneva Convention to clarify on the protection of victims in international conflicts A/HRC/RES/21/12 & S/RES/2222 Regarding the safety of journalist, and the enhanced reporting on violence against journalists as well as international coordination to strengthen protection against journalists A/RES/67/85 & S/RES/2175 Regarding the protection of humanitarian and UN personnel in war zones and condemnation of violence and intimidation against them S/RES/2150 Regarding the genocide of populations and member states responsibility to protect populations from war crimes under international law S/RES/1674 & S/RES/1631 & S/RES/1265 & S/RES/1738 Various UNSC resolutions regarding the protection of civilians in armed combat in the past twenty or so years
Evaluation of Previous Attempts to Solve the Issue & Possible Solutions 4 th Geneva Convention Has proved to be quite effective and established a foundation international law, and has been ratified in 196 countries. So, the continued enforcement of the GCIV would be a good starting point and base for a resolution. Protocol I Has been ratified in 174 states, excluding the US, Iran, Pakistan, Israel, India and Turkey who happen to be the main players in the current war in Afghanistan. Although the situation would improve greatly if this were to be ratified by these states, they cannot be compelled to ratify and therefore it is not a feasible solution to the problem. Increased Awareness The initial issue with civilian casualties was that no one knew really how many people were dying, which changed after the WWs. Now, in Afghanistan there is an abundance of agencies that track deaths and work towards having fewer deaths through the discouragement of air strikes and publicizing their drastic effects to the people of the world, making it an effective part of a solution. Establishment of NGOs in Afghanistan NGOs in Afghanistan have also been able to provide relief efforts as well as also spread awareness however, many relief workers become the targets of insurgents and in a sense, add fuel to the fire. However, if they can be protected they always do good work and aid the region in rebuilding and coping. Credit: citycomglobal.com
Works Cited Red Cross. "Protection of Civilian Persons and Populations in Time of War." Protection of Civilian Persons and Populations in Time of War. ICRC, n.d. Web. 17 Aug. 2015. <https://www.icrc.org/eng/resources/documents/misc/57jmjv.htm/>. "UN Documents for Protection of Civilians." UN Documents for Protection of Civilians. N.p., n.d. Web. 17 Aug. 2015. <http://www.securitycouncilreport.org/undocuments/protection-of-civilians/>. "Welcometo the Definitive Record of the English Language." Home : Oxford English Dictionary. N.p., n.d. Web. 17 Aug. 2015. <http://www.oed.com/>. "Afghan Civilians." Afghan Civilians. Brown University, n.d. Web. 17 Aug. 2015. <http:// watson.brown.edu/costsofwar/costs/human/civilians/afghan>. ADH Geneve. "Israel International Treaties Adherance." Universite De Geneve. Geneva Academy of International Humanitarian Law, n.d. Web. 18 Aug. 2015. <http%3a%2f %2Fwww.genevaacademy.ch%2FRULAC%2Finternational_treaties.php%3Fid_state %3D113>.