Protected persons
The legal definition of different categories of protected persons in armed conflicts is found in each 1949 Geneva Conventions and also in 1977 Additional Protocols.
[11] Minimum rights and fundamental guarantees are granted by the 1977 Additional Protocols I and II to the persons not covered by the 1949 Geneva Conventions, independently of the character of the conflict (international or national).
Following the diplomatic conference inspired by his ideas and attended by the governments of Europe and several American states, the 1st Geneva Convention was held in 1864 by twelve European countries.
[16] Even before the Geneva Conventions, they already contained a number of important provisions regarding the protection of prisoners of war (forbidden actions) and civil persons (e.g. during the occupation).
[17][18] In addition, human rights law also applies to armed conflicts and protects all individuals within the jurisdiction of the state.
[20] There are several sub-categories of military victims: There are two types of obligations incumbent to the signatory nations under Article 12 of the 1st Geneva Convention: In addition to that, the Additional Protocol I of the Geneva Convention establishes a unitary protection for all sick, wounded and shipwrecked independently of their military or civil status.
Four categories of persons need an additional attention: The 3rd Geneva Convention describes in a detailed manner the protection granted to the prisoner of war and obligations incumbent upon the belligerents: The term of protected civilian persons is described in the Article 4 of the Fourth Geneva Convention.
In case the Fourth Geneva Convention is applicable, protected persons can leave the territory, unless it will be contrary to the interests of the belligerent state (i.e. men of fighting age).
),[59] but they should be able to receive medical assistance, practice their religion, move from danger or military zone and find paid employment.
They should not be attacked, but in contrary respected, kept out of danger and be free to pursue their medical or spiritual duties,[62][63] unless they are used to commit the acts harmful to the enemy.
[65] Hospitals, medical transport, ships, units, and establishments are also protected and shall bear the distinctive emblems and marks.
Wounded and sick women (members of the army, prisoners of war) shall be treated taking in consideration their sex.
They can benefit from special hospital and safety zones in time of peace and the outbreak of hostilities, evacuation from besieged of encircled areas.
[80] It becomes more difficult to determine the end of the armed conflict in the contemporary world, and as a consequence, the application of international humanitarian law in general and to protected persons in particular.
