Geneva Convention

Appeal for the Protection of the Civilian Population

rr. The war against Iraq contravenes international law, it is a massacre and cannot be justified. It contravenes international law not just because the aggressor wages a war against Iraq, but also because of their declared war objectives which are variously, directly or indirectly, aimed at the Iraqi civilian population and the surrounding regions. This immediately calls to mind statements such as reorganisation of the region etc.

Deliberate or even approving acceptance of the civilian population being subjected to flight, expulsion, death, temptation and so on is one of the worst crimes against humanity.

The severe war crime of the prohibited war of aggression does not relieve the aggressor of the duty of unconditionally complying with the principle of immunity of the civilian population. Attacks may- if at all- only be directed at military targets. The civilian population must not be attacked.

This humanitarian commitment to the protection of the civilian population holds because the IV Geneva Convention, the ‘Geneva Convention relative to the Protection of Civilian Persons in Time of War’ from 12 August 1949 as well as both additional protocols from 8 June 1977 (Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, Protocol 1 and Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The IV Geneva Convention has been ratified by all participants. In the following we reprint the most significant passages of this convention in an appeal that the civilian population must in no way be the target of this war. Furthermore, we reprint the most important regulations of the additional protocols. They hold because of the international customary law, even if the United States and Iraq have not signed these protocols. The validity of these regulations on the protection of civilian persons are undisputed. Their violation must be prevented. It is not sufficient to punish violations of conventions later in a trial of war criminals which will certainly follow against Bush, Blair and Aznar. These conventions have above all preventive character and must be observed.

Article 3

In the case of an armed conflict which does not have international character and which takes place in the territory of one of the high contracting parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) Taking of hostages;

(c) Outrages upon personal dignity, in particular humiliating and degrading treatment;

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Article 13

The provisions of Part II (General Protection Of Populations Against Certain Consequences Of War) cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.

Article 16

The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.

As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.

Article 18

Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict. […]

Article 148

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.