ЗАШТИТА ЦИВИЛНОГ СТАНОВНИШТВА ОД ПОСЛЕДИЦА НЕПРИЈАТЕЉСТАВА У МЕЂУНАРОДНОМ ХУМАНИТАРНОМ ПРАВУ
Protection of Civilians from the Effects of Hostilities in International Humanitarian Law

Summary/Abstract: Depending on the nature of vulnerability of the civilian population, International Humanitarian Law (IHL) provides general protection against the effects of hostilities and special protection in case of falling under the power of the enemy. The general protection covers the entire civilian population of all the parties involved in the conflict, no matter whose territory or power they may find themselves in and without any discrimination asto race, nationality, religion or political beliefs. General protection appliesto allsituations where the civilian population is vulnerable to hostilities, and it is aimed at alleviating the suffering brought by war. In order to provide effective protection against the consequences of hostilities, IHL envisages the establishment of special protected zones, prohibits attacks against civilians and civilian objects, introduces precautionary measures before attacks and against the effects of attacks, and recognizesthe right to humanitarian assistance. Civilians located in the territory ruled by a hostile power enjoy special protection because of their higher level of vulnerability to threats, blackmail and other forms of arbitrary treatment. This protection appliesto a variety ofsituations where civilians have fallen in the power of the enemy, and it encompasses three categories of civilians. The first category includes the nationals of one party to the conflict who were residing on the territory of the hostile power and who were caught there at the outbreak of hostilities. The second category includes civiliansliving in the territory of their own country who have fallen under the power of the enemy forces which occupied that territory during the armed conflict and placed it under their effective control. The third category includes civilian internees in the enemy or occupied territory who were detained in special internment camps by one of the parties in conflict, and whose position is very similar to the treatment of prisoners of war.

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