Human shields are legally protected persons—either civilians or prisoners of war—who are either coerced or volunteer to deter attacks by occupying the space between a belligerent and a legitimate military target. The use of human shields is forbidden by Protocol I of the Geneva Conventions. It is also a specific intent war crime as codified in the Rome Statute, which was adopted in 1998. The language of the Rome Statute prohibits "utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations."
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| - Human shields are legally protected persons—either civilians or prisoners of war—who are either coerced or volunteer to deter attacks by occupying the space between a belligerent and a legitimate military target. The use of human shields is forbidden by Protocol I of the Geneva Conventions. It is also a specific intent war crime as codified in the Rome Statute, which was adopted in 1998. The language of the Rome Statute prohibits "utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations." (en)
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| - Military necessity permits a belligerent, subject to the laws of war, to apply any amount and kind of force to compel the complete submission of the enemy with the least possible expenditure of time, life, and money ... it permits the destruction of life, of armed enemies and other persons whose destruction is incidentally unavoidable ... but does not permit the killing of innocent inhabitants for purposes of revenge or the satisfaction of a lust to kill. (en)
- Attacks shall be strictly limited to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. (en)
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| - —Protocol I, Geneva Conventions (en)
- —United States v. List (en)
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| - Human shields are legally protected persons—either civilians or prisoners of war—who are either coerced or volunteer to deter attacks by occupying the space between a belligerent and a legitimate military target. The use of human shields is forbidden by Protocol I of the Geneva Conventions. It is also a specific intent war crime as codified in the Rome Statute, which was adopted in 1998. The language of the Rome Statute prohibits "utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations." Historically the law of armed conflict only applied to sovereign states. Non-international conflicts were governed by the domestic law of the State concerned. Under the current terms of the Rome Statute the use of human shields is defined as a war crime only in the context of an international armed conflict. After the end of World War II, non-international armed conflicts have become more commonplace. The Customary International Humanitarian Law guide suggests that rules prohibiting use of civilians as human shields are "arguably" customary in non-international armed conflict. The development and application of humanitarian law to modern asymmetric warfare is currently being debated by legal scholars. (en)
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