Protected persons

Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict. Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict. The legal definition of different categories of protected persons in armed conflicts is found in each 1949 Geneva Conventions and also in 1977 Additional Protocols. The extent of protection and obligations of belligerent states and parties depends on the type of the armed conflict (international or not international) as well as on the category of protected persons in terms of their age (adult/child), sex (man/woman), participation in the armed conflict (combatant/prisoner of war/civil person) and personal situation (e.g. shipwrecked, sick, wounded, etc.). Minimum rights and fundamental guarantees are granted by the 1977 Additional Protocols I and II to the persons not covered by the 1949 Geneva Conventions, independently of the character of the conflict (international or national). Moreover, the Additional Protocol II extended the protection of existing protected persons in non-international armed conflicts (persons deprived of liberty, wounded and sick, medical and religious personnel, civilian population).. In 1862 Henri Dunant published a book, A Memory of Solferino, describing his experience of the horrors of war during the Battle of Solferino. It increased the desire to improve the conditions of the wounded in armies in the field. Following the diplomatic conference inspired by his ideas and attended by the governments of Europe and several American states, the 1st Geneva Convention have been concluded in 1864 by twelve European countries. The article 6 of this Convention already stipulated: “Wounded or sick combatants, to whatever nation they may belong, shall be collected and cared for.” This Convention have been replaced by the Geneva Conventions of 1906, 1929 and 1949, based on new elements occurred during the subsequent wars.   In the area of international humanitarian law, four 1949 Geneva Conventions, the 1977 Additional Protocols and customary international humanitarian law are the source of the rights and protections for various categories of persons in the context of international armed conflicts, and also non international armed conflicts. These texts are focused on protection of victims of armed conflicts and they are based on one general principle: obligation of human treatment of protected persons, without discrimination on the grounds of race, sex, nationality, language, or religion. The Hague Conventions of 1899 and 1907 are also in force, fully applicable and constitute a part of customary international law. Even before the Geneva Conventions, they already contained a number of important provisions regarding the protection of prisoners of war (forbidden actions) and civil persons (e.g. during the occupation). In addition, human rights law also applies to armed conflicts and protects all individuals within the jurisdiction of the state.