Civilians in the Hands of the Enemy

Within the throes of conflict, civilians find solace in the shield of international law, a beacon guiding efforts to ensure their protection and well-being amid the clutches of the enemy.

Enemy Civilians

are civilians in the enemy power/ enemy-controlled territory. This could be because:

• one state has invaded/ occupied another state (e.g. Nazi Germany with the idea of "Anschluss")

• the nationals of one belligerent party reside in the territory of the other party (e.g. the Japanese in the U.S. during WWII)

How does IHL protect them?

The Fourth Geneva Conventions recognises that persons who are in the power of the enemy must be respected and protected (their honour, religion, practices, family, rights etc.).

• They must always be treated humanely and protected against all threats of violence/ insults/ public curiosity etc.

• IHL forbids violence to life and health, pillage, outrages upon personal dignity, physical and moral coercion etc.

• Discrimination is prohibited - they must be allowed communication with the ICRC and family.

Protection of Party's Nationals

The Fourth Geneva Conventions does not oblige belligerents to protect their own nationals, however Article 75 of Additional Protocol I provides a list of detailed rights afforded to these persons. e.g. "all civilians in the power of the belligerent party shall be treated humanely" (Article 75, Additional Protocol I).

Human rights law also applies here as a complementary regime to IHL.

Non-International Armed Conflicts (NIACs)

Nationals of the same state may find themselves on the opposing sides of a conflict. So, IHL governing NIACs does not protect civilians based on nationality or allegiance, nor does it distinguish enemy civilians from civilians.

Rather, it protects all persons who are not/ no longer taking a direct part in hostilities.

Common Article 3 provides that each party om a NIAC must, as a minimum, treat persons taking no active part in hostilities humanely. Violence to life, hostage-taking, and humiliating/ degrading treatment are explicitly prohibited.

Additional Protocol II supplements this by securing further fundamental guarantees to civilians in NIACs.

In NIACs, IHL extends to all persons taking no active part in hostilities.