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Iron Swords - Law - Massacre

The law of armed conflict prohibits attacks on noncombatants, to include those sometimes referred to as hors de combat, or out of combat. Civilians and civilian property may not be the subject or sole object of a military attack. Civilians are persons who are not members of any armed force or group, and who do not take a direct part in hostilities.

Protection of civilians is at the heart of the profession of arms. It is founded in law and in principles of humanity. In addition, protection of civilians supports strategic and operational objectives. Army units are expected to uphold the highest standards of conduct regarding protection of civilians; adherence to the law of armed conflict is the minimum standard.

The Hague Tradition developed a focus on limiting the means and methods used in combat. Named for the series of treaties produced at the 1899 and 1907 Hague Conferences, instruments of the Hague Tradition restrict Parties’ conduct of combat operations. The Hague treaties contain regulations regarding the means and methods of warfare during hostilities (regarding protection of civilian property) and protection of civilians, but general civilian protections are not a focus of the Hague Tradition.

The second methodology, the Geneva Tradition, focuses on treatment of war victims in the hands of enemy armed forces. Prior to World War II, the Geneva Conventions of 1864, 1906, and 1929 afforded protections to civilians only when they were aiding wounded soldiers. Following World War II, however, the international community signed the Fourth Geneva Convention to expressly protect civilians from the effects of armed conflict. The previous lack, of an international Convention for the protection of civilians was explained by the fact that it was until World War II a cardinal principle of the law of war that military operations must be confined to the armed forces and that the civilian population must enjoy complete immunity. Only in the aftermath of World War II’s devastating civilian carnage, however, did the international community finally recognize the need for such a Convention and sign Geneva Convention IV in 1949.