Protection Of Civilians In Non-international Armed Conflicts From The Perspective Of International Humanitarian Law

Since the development of international humanitarian law,its core essence is "protection".It does not matter whether the war is in conformity with justice or the responsibility of the war.To minimize the disaster is only a simple purpose.International humanitarian law places special emphasis on the protection of civilians,especially women,children,refugees,detainees,etc.,and strives to guarantee human rights that are vulnerable to violations under war or armed conflict.Before World War II,international armed conflicts between countries occurred from time to time,and international humanitarian law took root and grew in the soil of international armed conflicts.After the Second World War,there were fewer and fewer wars between countries.Instead,non-international armed conflicts frequently occurred.Since the situation of non-international armed conflicts is more complicated than international armed conflicts,which involves the factors of national sovereignty.Moreover,in non-international armed conflicts,the means of warfare and tragic extent are in no way inferior to international armed conflicts.In addition,the norms of non-international armed conflicts in international humanitarian law are not as comprehensive as international armed conflicts,so they are not international.Civilian security and rights under armed conflict are subject to serious threats.Internationalhumanitarian law has gradually shifted its focus to non-international armed conflicts,but because of the inherent definition of the concept of non-international armed conflicts,and the issue of national sovereignty,the road to civilian protection in the field of non-international armed conflict is not easy.Therefore,it is a subject worthy of study to look at the protection of civilians in non-international armed conflicts from the perspective of international humanitarian law.This article uses four chapters to study the issue of protection of civilians in non-international armed conflicts.In order to analyze the problem,first define the basic concepts,then explain what the existing international humanitarian law has for the protection of civilians in non-international armed conflicts,and then analyze the existing deficiencies of existing regulations,and propose how to improve themselves.Some ideas.Finally,it is based in China,indicating that the study of this topic is not only the development of international law,but also very practical for China.The first chapter focuses on the two concepts of non-international armed conflict and its civilian population.With regard to the concept of non-international armed conflicts,we first introduce the different definitions of the concepts of non-international armed conflicts by various laws or international organizations,and then the authors should decide from the perspective of whether the parties to the conflict must be the authorities and the armed groups of the non-governmental parties.It analyzes the connotation of the concept,and compares non-international armed conflicts with domestic turmoil tensions.It analyzes the differences between the two and deepens the understanding of the meaning of non-international armed conflicts.With regard to the concept of civilians,the definition of civilians in non-international armed conflicts in international humanitarian law is elaborated,and the reasons behind the definition of this exclusionary law are analyzed,ultimately in order to protect innocent people to a greater extent.Comparing civilians with combatants and those directly involved in hostilities,the differences in the concept of civilians are better understood through their differences.The second chapter examines the existing legal regulation of international humanitarian law for the protection of civilians in non-international armed conflicts.The authors elaborate on existing regulations in terms of both international humanitarian law and customary humanitarian law.With regard to the humanitarian law treaties,the provisions on non-international armed conflicts are mainly concentrated on the common Articles 3 and II of the Geneva Conventions.In non-international armed conflicts,civilians are still protected by humanitarian principles;the means and methods of warfare are not unlimited,and they must be protected from the dangers posed by military operations.In non-international armed conflicts,there is a unique legal provision,namely the amnesty system after the end of the conflict.After the end of a non-international armed conflict,the person deprived of liberty has the right to amnesty because of the armed conflict.The only exclusion is that the person who commits an international crime can not be pardoned.In the area of customary humanitarian law,the principle of distinction requires the distinction between civilians and combatants,as well as civilian objects and military objectives;the principle of proportionality requires that attacks be subject to certain limits and must not excessively exceed the direct,specific,and anticipated military forces brought about by the operation.The interests,including the aggression itself,must have certain limits.The impact of the aggression must have a certain limit;the precautionary principle can be divided into two stages.The first stage is the precautionary measure during the attack preparation period,before the attack behavior.Try to take early measures to reduce the damage in the future,and the second stage is the precautionary measures when the attack is carried out.The methods and means of attack should be carefully selected to assess the attack behavior and reduce the damage caused to the civilians by the attack.The third chapter is based on the previous chapter and analyzes the inadequacies of the existing humanitarian law system for the protection of civilians in non-international armed conflicts.The first section describes the deficiencies in the content and extent of protection of existing laws.Common Articles 3 and II add up to the Protocols and methods that do not explicitly limit non-international armed conflicts.There is also no content related to the establishment of civil defense systems in international conflicts,nor is there a clear definition of preventive measures;theprovisions of international conflicts prohibit the use of combat methods that cause damage to the natural environment and affect the health of civilians,while there is no such rule innon-international armed conflicts.There is still a long way to go.The first section looks at the deficiencies in non-international conflicts from the perspective of the establishment of the law,and the vitality of the law is not only in the legislative process,but also in the implementation of the law.The second section explains the current lack of enforcement of international humanitarian law in non-international armed conflicts from the perspective of law enforcement.First,by citing two practical cases,it proves that international humanitarian law has not been well implemented,and then analyzes the specific performance of insufficient enforcement.The law treaty will not have serious consequences;and international organizations have inherent limitations in promoting the implementation of humanitarian law.For example,the Red Cross has only called for exchanges,without any coercive power,and the nature of the ICC itself is determined.It can only be supervised afterwards,and the International Criminal Court does not have an independent garrison force.Judicial action cannot be fully guaranteed.The Security Council can only take measures against situations that threaten world peace and security.For non-international armed conflicts,there is no Legal authorization.The existence of anything is only a time slice in history,so any situation needs to be viewed with a developmental perspective.With the maturity and progress of science and technology,the methods of warfare are constantly changing,and they are increasingly developing in the direction of intelligence and information.However,international humanitarian law is not ready to deal with new types of warfare.The law is inherently lagging,we should plan ahead and plan ahead with the times.The third section describes the problems that humanitarian law can bring to the protection of civilians under the new methods of warfare.First,the new methods of warfare lead to the confusion of the principle of distinction,the potential of new weapons,the possibility of error in data algorithms,the duality of military and civilian use of network information facilities,and the lack of compassion caused by distant distances.The distinction is getting harder and harder.Second,the new type of warfare willbring new problems to the principle of proportionality.The consequences of non-physical damage make it difficult to define military necessity.The intelligence and automation of new weapons may cause uncontrollable consequences.The balance between comprehensiveness and precision.Third,the current humanitarian law provisions on new types of operations are insufficient.Although according to the existing law,it can be inferred that the use of new weapons is still within the limits of humanitarian law,there is no clear legal provisions,and new types of autonomous weapons will bring difficult problems to the responsible subject of responsibility,even It will subvert the humane law foundation based on human logic.The third chapter focus on the inadequacies of humanitarian protection in non-international armed conflicts.The fourth chapter proposes a perfect path on this basis.Since the current humanitarian law treaty on the protection of civilians in non-international armed conflicts is insufficient,the first step is to improve legal regulation.The first section explains how to improve legal regulation from the perspective of international treaties and customary law.In the aspect of international treaties,we can learn from the provisions of international armed conflicts.For issues that do not involve internal affairs,we can refer to the provisions of international conflicts,such as civil defense systems,preventive measures,prohibited operational behaviors,legal counsel systems,and live situations.Investigation committee systems,etc.,can be introduced into the legal framework of non-international armed conflicts.In the aspect of customary humanitarian law,it is necessary to give full play to the function of the customary humanitarian law to compensate for the inadequacies of the treaty law.Many of the contents of customary humanitarian law can be applied indiscriminately to the armed conflicts of international and non-international forms.This also means that customary humanitarian law has a good overall normative role for non-international armed conflicts.The second section perfects the implementation mechanism of humanitarian law from the three aspects of perfecting the criminal prosecution system of humanitarian law,playing the roleof the Red Cross and promoting the transformation ofhumanitarian law into domestic law.The criminal prosecution system is divided into two aspects: domestic criminal prosecution and foreign criminal prosecution.Domestic criminal prosecution should focus on international criminal law.International criminal prosecution should pay attention to its effectiveness,and individual crimes must still be investigated in non-international armed conflicts.The third section explains how humanitarian law should better respond to new types of operations.For example,formulating new rules to adapt to the new situation and exerting the legal effect of the precautionary principle.Finally,the fourth section is devoted to the study of the significance of the issue of protection of civilians in non-international armed conflicts for China.China has always actively participated in the construction and improvement of international humanitarian law,and strives to implement the good implementation of international humanitarian law.The development of international humanitarian law is closely related to every country,and every country should also work hard for the continuous improvement of humanitarian law.Along with the increase in China's overseas interests and the need to protect the vital interests of Chinese expatriates abroad,China does need the protection of humanitarian law in the protection of civilians to protect the safety and human rights of its nationals abroad.At the same time,humanitarian law can also be the basis for the inhuman treatment of our nationals in non-international armed conflicts.