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Sample law school exam answers law of armed conflict
Sample law school exam answers law of armed conflict









Protection of civilians in occupied territories: Israel/Occupied Palestinian Territory, Exploitation of Natural Resources UN, Detention of Foreigners and UN, Resolutions and Conference on Respect for the Fourth Convention.Protection of civilian objects, including those indispensable to their survival: Israel/Occupied Palestinian Territory, Exploitation of Natural Resources.Who is a civilian? Protection under the Fourth Geneva Convention: ICTY, The Prosecutor v.The following case studies illustrate further issues pertaining to the protection of civilians in armed conflict: These fundamental guarantees prohibit such acts as torture, degrading treatment, collective punishments, sexual violence, enforced disappearance, slavery, hostage taking and unfair trials. Among other safeguards, everyone in the power of a party to a conflict is entitled to humane treatment without adverse distinction based on such criteria as race, colour, sex, language, religion, national origin or social status.

sample law school exam answers law of armed conflict

IHL also protects specific civilian groups such as women, children, refugees and displaced persons, because of additional risks that such categories may face during armed conflict.Īdditionally, IHL provides for certain fundamental guarantees. Secondly, the status of “protected person” grants special protection to several categories of civilians, including those in the hands of a party to the conflict who they are not nationals of, and nationals of neutral states present in occupied territories. Nevertheless, they may be incidentally affected by attacks against lawful targets, but even then, the proportionality rule must be respected, and the attacker must take all feasible precautionary measures to avoid incidental effects upon civilians. Accordingly, civilians enjoy general protection against dangers that may arise from hostilities, unless and for such time as they directly take part in hostilities.

sample law school exam answers law of armed conflict

Firstly, the principle of distinction draws a line between civilians and combatants, prohibiting any attacks directly targeting civilians or civilian objects. The nature of the protection afforded to civilians under IHL is seen through two main lenses. This protection extends to their direct environment and property, also known as ‘civilian objects’. Protecting civilians during armed conflict is a cornerstone of IHL, which provides a robust framework within which civilians are protected.











Sample law school exam answers law of armed conflict