Civil-Military Forum

Protection of Civilians

Kelisiana ThynneResearch Manager

Australian Civil-Military Centre

Introduction

“The contemporary operational environment is dynamic, complex, and turbulent. Dynamic, in that security threats can arise unforeseen or with little warning; complex, in the forms threats can take and the array of state and non-state actors involved; and turbulent, in the frequency and violence of attacks, often against innocent civilians or soft targets”. Colonel Robert Manton (Retd), Protection of Civilians Course Guide, Peace Operations Training Institute, 2012.

Problem

• Disconnect between POC and Protection and different types of protection work

• Different definitions of POC• Different concepts of when POC applies• Varying ideas as to who conducts POC

Legal background• IHL provides that civilians under the power of

enemy forces must be treated humanely in all circumstances, without any adverse distinction. They must be protected against all forms of violence and degrading treatment, including murder and torture. Moreover, in case of prosecution, they are entitled to a fair trial affording all essential judicial guarantees.

• Those trying to help them are also protected

Responsibility of the state

• Protection of civilians is primarily the responsibility of the state– Peace time– Conflict

• Also of parties to a conflict• Also of the ‘international community’

UN Definition of POCA concept developed to protect vulnerable populations

from the effects of armed conflict, ranging from the most immediate priorities of minimizing civilian casualties to more long-term priorities of promoting the rule of law and security, law and order within a State.

POC has become a thematic subject of Security Council Resolutions and has become a presiding mandate of most UN Peacekeeping Missions.

OCHA 2003

What the Humanitarians say:

“‘Protection of Civilians’ is rooted in International Humanitarian Law which calls on belligerent actors to minimize harm to civilians and civilian property in the conduct of hostilities including from excessive and disproportionate attacks/force. It also calls for the protection of civilians from violence.”

Oxfam International

Protection v POC“Protection is a concept that encompasses all

activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and spirit of human rights, refugee and international humanitarian law. Protection involves creating an environment conducive to respect for human beings, preventing and/or alleviating the immediate effects of a specific pattern of abuse, and restoring dignified conditions of life through reparation, restitution and rehabilitation”.

OCHA, Glossary of Humanitarian Terms, 2003

The UN’s Three Tier Approach

Tier 1Protection Through Political

Process

• Protection through support to the political process aims to establish a safe and secure environment where human rights are respected and conflict and violence are prevented.

Tier 2Protection from Physical

Violence

• This tier aims to ensure that civilians are safe from the effects of physical violence. This includes preventative diplomacy and preventative tactical deployments as well as peacekeepers using direct force.

Tier 3Establishing a Protective

Environment

• Activities in this tier are aimed at creating an environment that enhances safety and supports the rights of civilians. It has three elements (through promotion of legal protection, facilitation of humanitarian assistance and support for national institutions)

Protection response egg• Strengthening protection in war ICRC

2001• SPHERE – Protection Chapter 2011• Professional Standards for Protection

Work 2009• halting its occurrence, • working alongside the victims, and • promoting lasting changes in environment in order to

diminish the likelihood of recurrence

Who protects civilians? Are they all “protection actors”?

Key areas to examine• Different definitions: UN considers

humanitarian assistance as ‘environment building’, vs humanitarian organisations see it as 1st line of response

• Different actors• No role for NGOs in physical protection?• Only when armed conflict or more

broadly – i.e. does it only cover IHL or human rights too?

Other questions• What is the difference between ‘protection’ and

‘protection of civilians’ for humanitarian actors? And for non-humanitarian actors?

• Is there a difference between ‘humanitarian protection’ and ‘protection’?

• Does the ‘humanitarian’ nature of protection arise because this is protection work carried out by humanitarian agencies?

• Or is ‘humanitarian’ derived from international humanitarian law? Or from the fact it is in an armed conflict?

• Or could it be ‘humanitarian protection’ because it is humanitarian in nature - any actors – civilian or military?

In Search for Common Ground: a solution?• Table of key POC sources 1991-2021• Evolution of Protection of Civilians in

Armed Conflict by Dr Phoebe Wynn-Pope

• Survey• Final report on common ground in POC

“What is evident from the research to date is that all protection actors have a common interest in preventing, or at least mitigating, the effects of violence on civilian populations and that therefore all protection actors are ultimately working towards a common objective when it comes to POC”

Dr Phoebe Wynn-Pope, Evolution of Protection of Civilians in Armed Conflict, Oxfam Australia and ACMC, 2013.

In Search for Common Ground: a solution?