The Status of Civilians and their protection in case of conflicts, from Conceptual European Traditions to International Humanitarian Law, Europe 1650-1949
By Nono1
-
The Treaties of Westphalia
The Treaties of Westphalia (in Osnabrück and Munster) marked the end of the Thirty years' war (1618-1648) and established a new European order, through the principle of balance of power to avoid the emergence of superior powers. It aimed at avoiding religion as a cause for wars by implementing the principle of "cujus regio, ejus religion". To some extent, it can be considered the birth of an international conscience. -
Period: to
1648-1949
-
Civilians' protection in the arbitrage between Christian morality and military customs
Richard Zouche, in Of Law Between Nations, and Questions Concerning the Same, evoked civilians' protection in case of conflict in the lineage of Grotius and Gentili. He considered a moral distinction between the treatment of soldiers and the treatment of civilians, although this distinction is legally inexistent. -
The Enlightenment: attention to the individual's status and personal intention in warfare
Johann Jacob Moser, in Grundsätze des Europäischen Völker-Rechts in Kriegs-Zeiten, embodied the idea of Enlightenment thinkers regarding the status of civilians in conflicts. The individual is no longer subjected to the sovereign legally, as he is the master of his own Reason. Moser gives a central role to the intention of the individual and its status, and thus offered a detailed list of protected individuals during wars. -
Towards a codification of civilians' protection in warfare
The 2nd Hague Convention illustrates how soldiers were at the center of attention in international treaties, as civilians became soldiers. It aimed at restraining the use of certain weapons. However, it does mention the treatment of civilians in wars and the importance of their protection. It was not issued because of the absence of any agreement but it still marked the codification of civilians' protection in legal codes -
The experience of World War II and its repercussions in civilians' protection in international treaties
As civilians represented more than half of the victims of World War II, European powers and others agreed on the 4th Geneva Convention regarding the protection of civilians in warfare. Among other things, it encouraged the cooperation between the countries involved in the war to organize sanitarian and security zones for civilians and wounded to find refuge. Its first article demands total obedience to all the clauses in every circumstance.