Civilian Protection in Armed Conflict: Select Issues

by Jelena Pejic (Editor), Margaret Kotlik (Editor)

Overview

Protecting civilians who have fallen into enemy hands or are just about to come under the adversary's control is a constant challenge in the application of international humanitarian law (IHL) and the law of armed conflict (LOAC). Despite many decades of scholarship, military operational practice, and advocacy, certain legal questions remain unresolved, while others have been insufficiently examined or are newly emerging due to technological, societal, and cultural developments. Civilian Protection in Armed Conflict explores a range of longstanding, current, and new legal and practical issues in the interpretation and application of IHL/LOAC related to civilian protection. The subjects selected are based on the experiences or observations of repeated dilemmas about the extent of legal protections owed and actually extended to civilians in military operations. These include the protection of unprivileged belligerents and civilians in the invasion phase of international armed conflict, the law underlying civilian “screening” operations, and the challenges of setting up humanitarian corridors. Responding to recent armed conflicts including in Ukraine, Gaza, and Sudan, renewed attention is also paid to the rules governing deportation and forced conscription, and to the evolving area of civilian data protection and extraterritorial data migration. Developing interfaces between IHL/LOAC and other legal regimes, including environmental concerns, gender considerations, emerging technologies, and forensic science considerations are likewise explored. In all cases, accountability for non-respect of IHL/LOAC remains a fundamental legal obligation.

Product Details

ISBN-13:	9780197793183
Publisher:	Oxford University Press
Publication date:	02/03/2025
Series:	The Lieber Studies Series
Sold by:	Barnes & Noble
Format:	eBook
Pages:	480
File size:	1 MB

About the Author

Jelena Pejic, non-resident Senior Fellow, Lieber Institute for Law and Warfare, the US Military Academy, Margaret Kotlik, Assistant Professor,the United States Military Academy Jelena Pejic is a non-resident Senior Fellow at the Lieber Institute for Law and Warfare at the US Military Academy, West Point where she was the Lieber Scholar for 2023. In her earlier career she was Senior Legal Adviser in the Legal Division of the International Committee of the Red Cross, Senior Program Coordinator in the New York office of Human Rights First, and a lecturer in international law at Belgrade University Law School. She has written and presented extensively on a range of legal and practical challenges arising in international humanitarian law, as well as in international criminal and human rights law. She is currently a Member of the Board of Editors at Just Security and serves on the Board of the Belgrade Center for Human Rights. Captain Margaret Kotlik is an Assistant Professor in the Department of Law at the United States Military Academy and a Judge Advocate in the U.S. Army. She is a Military Fellow for the Lieber Institute for Law and Warfare at West Point, where she teaches constitutional and military law. Captain Kotlik holds a J.D. from SMU Dedman School of Law in Dallas, Texas, and a Bachelor of Science from Southern Methodist University.

Table of Contents

Foreword Joseph B. Berger III Preface Jelena Pejic and Margaret Kotlik PART ONE: Foundational Issues 1. The Protection of Civilians in the Invasion Phase of an International Armed Conflict Michael W. Meier 2. Are “Unprivileged Belligerents” Protected by the Civilians Convention, and, If So, How? Marten Zwanenburg 3. The Object and Purpose of the Fourth Geneva Convention Kubo Mačák and Ellen Policinski PART TWO: Law and Reality 4. Measures of Control for Security Reasons Other than Civilian Internment in Armed Conflict, a Military Perspective Nathalie Durhin 5. The Law Applicable to the “Screening” of Civilians Jann K. Kleffner 6. Setting up Humanitarian Corridors in Armed Conflict Julia Grignon 7. The Law and Politics of Civilian Protection in the Occupied West Bank David Kretzmer 8. A Reflection on the Cost of Counter-Terrorism for Civilian Protection in Armed Conflict Fionnuala Ní Aoláin 9. Deportation in International Humanitarian and Criminal Law Against the Backdrop of the War in Ukraine Michael N. Schmitt 10. The Law and Modern Challenges Related to the Prohibition Against Forced Conscription W. Casey Biggerstaff 11. Civilian Data Protection in War Russell Buchan 12. The Effect of Extraterritorial Data Migration on the Protection of Civilians and Civilian Objects Leah West PART THREE: Interfaces 13. Civilian Protection, Gender, and GC IV: Has Interpretation Filled the Gaps? Valerie Oosterveld 14. Environmental Protection as Civilian Protection Lakmini Seneviratne and Kosuke Onishi 15. The Contribution of Forensic Science to Managing the Dead and Preventing the Missing in Armed Conflict Morris Tidball-Binz PART FOUR: Accountability 16. Unlawful Confinement as a War Crime in Armed Conflict Marco Sassòli 17. Armed Forces' Investigations of IHL Violations Against Civilians Jennifer Maddocks 18. Redressing Civilian Harm Tom Dannenbaum Index