ICRC databases on international humanitarian law
Photo
of
Previous photo
Next photo
CLOSE
x
ICRC
Skip navigation
Home
|
What's new
|
Contacts
Language
Select one
Francais
Search
International Committee of the Red Cross
Treaties and States parties to such Treaties
Who we are
Who we are - International Committee of the Red Cross
Mandate and mission
Structure
Finances
Working for the ICRC
The Movement
History
Funds and medals
Contacts
What we do
What we do - ICRC activities on behalf of people affected by war
Visiting detainees
Protecting civilians
Reuniting families
Ensuring economic security
Water and habitat
Health
Cooperation with National Societies
Building respect for IHL
Safeguarding health care
Other activities
Where we work
Where we work - the ICRC worldwide
Africa
Americas
Asia & Pacific
Europe & Central Asia
Middle East
War & Law
War & Law - the legal basis for our action
Treaties and customary law
Contemporary challenges for IHL
Protected persons
Conduct of hostilities
Weapons
Emblem
IHL in domestic law
International criminal jurisdiction
IHL and other legal regimes
Resource centre
Resource centre - Search
Publications and films
Photos
Maps
International review
Annual report
IHL databases
Library and research services
ICRC Archives
Events
Other sites
Gift shop
Video newsroom
Search
Treaties and Documents
1949 Conventions and Additional Protocols, and their Commentaries
By date
By topic
By State
Historical Treaties and Documents
By date
By topic
By State
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Commentary -
Part IV : Civilian population #Section I -- General protection against effects of hostilities #Chapter VI -- Civil defence
[p.713] Part IV, Section I, Chapter VI -- Civil defence
Introduction
2319 Civil defence (1) has an important place in the effort undertaken by international humanitarian law to mitigate the losses, damage and
suffering inflicted on the civilian population by the dramatic
developments of the means and methods of warfare, particularly when
modern weaponry is used in violation of the principles and rules of
the law of armed conflict.
2320 As a matter of fact, it was natural for international humanitarian law to contribute to promoting civil defence; the need
and efficacy of this were widely demonstrated particularly during the
Second World War and in subsequent conflicts. Civilian losses were
certainly fewer in bombed towns where civil defence had been
organized than in those where it had not. (2)
2321 From the point of view of international humanitarian law it is basically a matter of granting civil defence organizations a status
ensuring them protection in the performance of their task, (3) and a
distinctive sign enabling them to be identified. Such a legal
development is perfectly in accordance with the objectives of the
Conventions which, as the ICRC stated in 1971, "do not merely demand
that belligerents respect and treat certain categories of persons
humanely", but "from as early as 1864, the very first of the Geneva
Conventions, and its subsequent versions, have endeavoured to provide
protection and special facilities to the personnel and organizations
which help war victims". (4)
[p.714] 2322 The concern to strengthen the protection of personnel coming to the aid of the civilian population in general made it possible for
the 1949 Conventions to provide special protection for personnel of
civilian hospitals and for civilian medical transports. (5) However,
as we pointed out, (6) the rules devoted to the general protection of
civilian populations against the effects of hostilities were not
greatly developed during the Diplomatic Conference of 1949. In fact,
apart from occupied territories, that Conference did not deal with
the question of civil defence personnel. Yet these people are also
indispensable for the protection and survival of the population, as
shown by the following words written by the ICRC when in 1971 it
described them:
"namely those persons who rescue civilian wounded from under ruined buildings to take them to first aid posts or
hospitals; the persons who fight fires, who provide displaced
persons with emergency relief and social assistance and who
take precautionary measures for the protection of the
population". (7)
2323 In fact the Fourth Convention broaches the question of civil defence only in the context of occupied territories. Article 63
,
paragraph 2, of that Convention grants civil defence organizations
and their personnel, like National Red Cross and Red Crescent
Societies, the right to pursue their activities even under foreign
occupation. (8)
2324 However, studies carried out by the ICRC since 1954 on the general strengthening of protection for the civilian population, from
the beginning showed "the provisions of Article 63
to be inadequate
in the opinion of many experts". (9)
2325 To be effective, civil defence activities should be safeguarded everywhere and not only in occupied territory. However, according to
such experts, there should be a "clearer distinction between the
civil defence services performing solely civilian duties and the
units on civil defence duties which were military or of military
status" (10)
2326 The ICRC then introduced into the Draft Rules for the Limitation of the Dangers Incurred by the Civilian Population in Time of War
(1956), (11) Article 12
, paragraph 1, which reads as follows:
"Parties to the conflict should facilitate the work of the civilian
bodies exclusively engaged in protecting and assisting the civilian
population in case of attack."
[p.715] 2327 Although the Draft Rules were not followed up by governmental action, "the authorities in several countries, at that time or later,
displayed considerable interest in that article". (12) This led the
ICRC to study this subject in depth. (13)
2328 A first report was submitted to the XXth International Conference of the Red Cross (Vienna, 1965). (14) This Conference recognized "the
necessity of strengthening the protection provided by international
law to civil defence bodies", and requested the ICRC "to continue its
work in this field". (15)
2329 A subsequent report submitted to the XXIst International Conference of the Red Cross (Istanbul, 1969) led the Conference to
invite the ICRC to convene a meeting of government experts "with a
view to submitting to Governments, for approval, regulations
supplementing the provisions of the existing humanitarian
conventions". (16)
2330 The question was taken up by the ICRC in the Conference of Government Experts which met in 1971 and 1972, and Articles 54-59 of
the 1973 draft, devoted to civil defence, were written on the basis
of the work of that Conference.
2331 It should be added that the work of the CDDH was made all the more difficult for, as shown by the Rapporteur of the Drafting
Committee of Committee II,
"while civil defence was an almost entirely new subject in the system of Geneva law, it was an area in which
considerable developments had taken place at the national
level over recent years. Those two facts made it very
difficult to find an appropriate international solution to
the related problems". (17)
2332 The CDDH in general, and Committee II in particular, deserve all the more credit for coming up with this solution. (18)
2333 In conclusion, three further remarks should be made with respect to this Chapter on civil defence.
2334 First, the provisions of this Chapter do not in any way seek to have an impact on the options that present themselves in the field of
civil defence, in particular whether to provide shelters for the
civilian population where they live, or to evacuate them. (19) Civil
defence tasks are protected irrespective of the solution that will be
adopted.
[p.716] 2335 Secondly, it should be stressed that respect for the provisions concerning civil defence is in itself quite inadequate if it does not
go together with respect for the rules relating to the conduct of
hostilities: methods such as successive bombardments of the same
place, or the use of time bombs in densely populated areas would make
any civil defence activities very hazardous and virtually suicidal.
2336 Finally, efforts made with regard to civil defence also fall under the more general heading of precautions to be taken against the
effects of attacks in order to protect the civilian population. (20)
' Y S. '
NOTES
(1) [(1) p.713] As regards the terminology, a distinction
should really be made between civil defence in the broad
sense (in French "protection civile") and civil defence in
the narrow sense (in French "défense civile"). As the ICRC
had already noted in a report in 1965, civil defence in
the broad sense generally comprises all measures for
national defence which are not of a military nature
(including, in particular, measures to safeguard the
position of public authorities, to maintain public order,
public services including the health service, the
maintenance of public morale and the protection of the war
industry), while civil defense in the narrow sense
constitutes only part of this (measures aimed at saving
lives and limiting damage). The English term "civil
defence", which is mainly used in this narrow sense, and
it will be exclusively used in this narrow sense in this
commentary. Cf. ' Status of Personnel of Civil Defence
Organisation, ' report submitted by the ICRC at the XXth
International Conference of the Red Cross (Vienna, 1965),
Geneva, May 1965, p.1;
(2) [(2) p.713] In this sense, cf. particularly O.R. XII, p. 73, CDDH/II/SR.61, paras. 24-25; p. 80, para. 59;
(3) [(3) p.713] In this sense, cf. particularly ibid., p. 74, para. 32;
(4) [(4) p.713] CE/3b, p. 140;
(5) [(5) p.714] Cf. Arts. 20-22, Fourth Convention;
(6) [(6) p.714] Cf. particularly introduction to this Section, supra, p. 587;
(7) [(7) p.714] CE/3b, p. 141;
(8) [(8) p.714] For more details, cf. ' Commentary IV, ' p. 330 (Art. 63);
(9) [(9) p.714] CE/3b, p. 142;
(10) [(10) p.714] Ibid;
(11) [(11) p.714] On this subject, cf. introduction to this, supra, pp. 587-588;
(12) [(12) p.715] CE/3b, p. 143;
(13) [(13) p.715] See in particular, ' Status of Personnel of Civil Defence Organisation, '' op. cit., and with some
additions, Status of Civil Defence Service Personnel,
document presented by the ICRC at the XXIst International
Conference of the Red Cross (Istanbul, 1969), Geneva, May
1969;
(14) [(14) p.715] ' Status of Personnel of Civil Defence Organisation, ' op. cit;
(15) [(15) p.715] Resolution XXIX;
(16) [(16) p.715] Resolution XV;
(17) [(17) p.715] O.R. XII, p. 272, CDDH/II/SR.80, para. 31;
(18) [(18) p.715] On civil defence in Protocol 1 and on the work which ended with the adoption of Articles 61-67, cf.,
in particular, E. Schultz, ' Civil Defence in
International Law, ' Copenhagen, 1977; B. Jakovljevic,
' New International Status of Civil Defence, ' The
Hague-Boston-London, 1983; ' Handbuch des Deutschen Roten
Kreuzes zum IV. Genfer Rotkreuz-Abkommen und zu den
Zusatzprotokollen -- Zivilschutz, ' Bonn, 1981;
(19) [(19) p.715] On this subject, cf.' Handbuch des Deutschen Roten Kreuzes..., ' op. cit., p. 37;
(20) [(20) p.716] Cf. Art. 58, sub-para. (c);