Chapter 3.0: Protection given to civilian in times of conflict under International Humanitarian Law and what civil defence civilian possess According to oxford dictionary, civilian being defined as : ‘a person not in the armed services or the police force’. Due to the civilian are not in the armed services or police force, during armed conflict internationally or nationally, the civilian are the most susceptible victim for the effect of war. In general,civilians as victim of warfare will endure life suffering from explosion,death,torture,rape and so on. The consequences from warfare should not be bear by the innocent civilians in the country. In fact, civilians did not commit any unconstitutional act to make them deserve of such treatment from the consequences of warfare between state or armed groups. That is why it is so important to have the International Humanitarian Law to protect civilian from being the victim of violence warfare. International humanitarian law (IHL) is a binding law that seek humanitarian reasons to curtail the catastrophic effect of armed conflict. International Humanitarian Law also protects persons who are not and no longer participate in militancy and it imposed strict rules to be comply for the methods of warfare. International Humanitarian Law also used to be regard as law of armed conflict or law of war. The two main objective of International Humanitarian Law is to set limit to the use of violence in armed conflict, which is to spare civilians that not directly involved in war and limit the effects of violence to combatants and civilians. The origin of the International Humanitarian Law starts from 1864 with the first Geneva Convention. The Geneva Convention was the Convention for The Amelioration of the Condition of the Wounded in Armies in the Field. Later it slowly develops to the Hague Conventions created by states in order to govern the conduct of war. The Hague Conventions are various international treaties that emerged from The Hague Peace Conferences in 1899 and 1907. These conference has brought up to the resolution for example prohibition of the use of air bombs and chemical warfare. The Geneva Convention and Hague Convention have subsequently influenced the formation of League of Nation in 1919. Eventually , the League of Nation has been abolished and replaced by United Nation in 1945 during World War 2. The Geneva Convention has gone through several convention from 1864-1929. Throughout the years and it has become the pillar of yardstick in International Humanitarian Law. The International Humanitarian Law lead to various provisions for civil defence. Conventionally,civil defence is an effort to protect the civilians or citizens of a state from military attacks and natural disasters. It consists of the principles of preparation, prevention, mitigation,response, or emergency evacuation and recovery. According to Article 61 (Protocol I) Geneva Conventions of 1949 stated list of ‘humanitarian tasks’ ought to be performed ,first, which is protect civillian againts the danger arose from militancy or disaster. Secondly, to help civilians to recover from such tragic events. Thirdly, to provide the conditions for its survival. I would like to explain the International Humanitarian Law by divide into two separate aspect which is in general and in specification. In general,There are few fundamental principles that need to be followed In International Humanitarian Law. Mostly, the International Humanitarian Law adopted various provisions and principles from Geneva convention. The first cornerstone principles is “Cardinal Principles”. A clear distinguish need to be made by the millitary or armed forces. According to Article 48 Geneva Convention of Additional Protocol I stated: :”Parties shall at all times distinguish between civilian and combatants and between civilian objects and military objectives. A militant is prohibited to attack anything or anyone particularly the civilians as he wanted. He needs to exercise reasonable care to launch his attack and protect the civilians. The second principle which is on Limitation.According to Article 35 Geneva Convention of Additional Protocol I stated in any armed conflict, the right of the parties to the conflict to choose methods or means of warfare is not unlimited. That means parties are bound to comply with International Humanitarian Law pari materia with the Geneva Convention. The third principle would be on Humanity or Humanitarian. Also according to Article 35(2)Geneva Convention of Additional Protocol I 1949 person that in the hand of enemy obliged to be treated humanely and without any inequity. Belligerent that employ weapon to inflict unnecessary and cruel injury is strictly prohibited. The forth principle would be Protected person in the control power of enemy cannot repudiate their fundamental rights. According to Article 7 Geneva Convention IV, the perpetrator that violates the rules of International Humanitarian Law shall bear the responsible of committing it. The fifth principle is the Equality of treatment. Under Article 16 of Geneva Convention of Additional protocol 1949 stated taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power,without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. It shows regardless of races,religion,age,state of health and so on, the detaining power must treat all of them in the same manner and equally with no discrimination. Now I would like to specifically address and on how the International Humanitarian Law protect the civilians. In this scenario, the civilians consist of civilian,women, prisoners of war, medical personnel and soldier(non-combatant). Firstly, it is the protection of civilians. According to Article 12 under Chapter II wounded and sick of Geneva Conventions Act, 1962 demand that civilian and armed forces that are wounded and sick shall be respected and protected in any circumstances.They shall be treated humanely regardless of sex,race nationality,political opinions and religion. According to Article 17 of the Geneva Conventions Additional Protocol of 1977— Role of the civilian population and of aid societies , It obliged and encourage the practice of mercy on civilians from either party in the armed conflict. The civilian and aid societies must respect the wounded,sick and shipwrecked. Also, the civilian population or aid societies shall be allowed to take initiative to collect and care for the wounded,sick and shipwrecked. No people can be harmed, prosecuted, punished or convicted when doing noble humanitarian act. Secondly, it is protection of civilians from rape,violence and torture. According to Article 27,section I ,provisions common to the territories of the parties to the conflict and to occupied territories,sternly command on respecting a person’s dignity, family members and religion’s practice. Civilians shall at all times be protected and humanely treated against disparagement and public curiousity. Importantly, the most susceptible victim of warfare, which is the women were protected from any commission of rape, indecent assault and enforced prostitution. Any belligerent who commit this shall liable as committing crime. According to Article 3,chapter 1, general provisions of Geneva Conventions Act 1962, Any civilians or combatants that willing to surrender in an armed conflict shall being treated humanely and fairly without discrimination. Besides, forces that out of action due to injury or damage shall be given a chance to survive and be treated humanely. Also, according to Article 50,chapter XI, on repression on abuses and infractions of Geneva Conventions Act 1962 stated a belligerent shall not commit willful kill, torture,inhumane torture ,biological experiments,cause great suffering to health and body and causing destruction or appropriation of property is liable to commit crime and regard as violate the provision of this Geneva Convention.whom not justified by military and unlawfully Thirdly, it is the protection for prisoners of war. According to Article 89 ,section IV, regulations for the treatment of Internees, chapter 3 Food and Clothing, Geneva Conventions Act 1962, stated the importance of supplying adequate quantity and quality of drinking water and balanced diet food for prisoners. This is to prevent nutritional deficiencies in prisoners of wars. Also, tobacco shall be permitted to use by prisoners of war. According to Article 30, Chapter III ,Hygiene and Medical Attention of Geneva Convention Act 1962 stated that every camp shall have adequate hospice so that prisoners may be treated when they needed particular medical attention .The detaining power shall give their attention to prisoners of wars and provide balanced diet for them. Exception rule apply to prisoners that is vulnerable to disease or mental illness. According to Article 23, Chapter 1, Section II.—Internment of Prisoners of War of Geneva Convention Act 1962 stated .prisoners of war shall have shelters against air bombardment and staying under shelter that did not exposed to combat zone and area that immune from military operations. According to Article 27,Chapter II, quarters, food and clothing of prisoners of war of Geneva Convention Act 1962 ,demand the detaining power to supply clothing, underwear and footwear to prisoners of war. The detaining power also must make allowance for the clothing,underwear and footwear. Further, if the climate of region is cold, the detaining power may use enemy armed forces uniform as the clothe of prisoners of war. Fourthly, it is protection for medical personnel. According to Article 6, first schedule, of Chapter 1 General Provisions of Geneva Convention Act 1962 stated no special agreement could be made to dreadfully grieve the situation of wounded and sick members of medical personnel or of chaplains. It also gives protection to medical personnel and they shall not be harm or injure. According to Article 24, chapter 4, Personne of Geneva Convention Act 1962 stated when medical personnel, staff or administration of medical units discharging their duty by collect, transport or treating the wounded sick patient or for sake of disease prevention, they shall be respected and protected by detaining power. According to Article 36,Chapter VI, Medical Transport of Geneva Convention Act 1962 stated that any medical aircraft while on the way to transport medical personnel, equipment or wounded victim shall not be attack and should be respect by the belligerents. This is to protect the rescue mission of medical personnel. Fifthly, it is protection for soldier. According to Article 25,chapter IV,Personnel of Geneva Convention Act 1962 stated, it gives protection to armed forces that being employed by hospital to search,collect,transfer, treat wounded and sick victim from any attack when they are executing their noble duty to save lives. According to Article 12,chapter II,wounded and sick of Geneva Convention Act 1962 statedon the emphasize of protection and respect of wounded and sick armed forces in any circumstances. No further attack shall inflict on them if soldiers are wounded or sick. Chapter 4.0: Others Law that protecting civilian in times of conflict under International Humanitarian Law Other than International Humanitarian Law which adopted most law from Geneva Convention that provide provision to protect civilians, there are several treaties and laws that protecting civilians from a catastrophic warfare effect,help civilians to recover from tragic events and to protect them from inhuman warfare perpetration. First sources of law is the treaties that protecting civilian from inhumane and cruel effect from warfare. There are several treaties that have been ratified throughout the decades. The first treaty being ratified was the 1868 Petersburg Declaration which stated prohibiting the use of certain weapon in war. Followed by the 1899 Dum-Dum bullet banned which stated in Article 22 of the Hague Land War Convention, this is because it can inflict severe injuries on those affected on account of the tearing and civilians can be the target too. In the year of 1972, the Biological Weapons Convention has been held to prohibits the development, production, and stockpiling of bacteriological and toxin weapons and demand states parties to destroy any stockpiles of nuclear weapons. Eventually, followed by Mine Ban Treaty in 1999. The convention also prohibit the use, stockpiling, production and transfer of Anti-Personnel mines. According to Article 4 of Mine Ban Treaty stated the country must destroy their stockpile of antipersonnel mines within four years of entry into force . Next, which is the Convention on cluster munitions in 2008. The objective of the Convention is a response to the suffering and death of thousand civilians in countries where they have been used. While the latest treaty being ratified by most of the countries in the world is Treaty on the prohibitions of nuclear weapons in 7th July 2017. This is the the first legally binding international agreement to extensively prohibit the use of nuclear weapons. It has been ratified by over 56 countries around the world. This treaty also prohibits the development, testing, production, stockpiling, stationing, transfer, use and threat of use of nuclear weapons,also, assistance and encouragement to the prohibited activities. Other than treaties, we have Customary International Law which protect the the civilian of armed conflict . In general to become a customary law, the practice must be general , uniform and consistent and continued a period of time . The Geneva and Hague convention has become primary rules of International Humanitarian Law. The International Humanitarian law regulates the conduct of war. By majority and reasonable way,, It should be a customary law for every nation in the world. Due to the disobedient by some powerful country like Israel, Russia and United States, it gives loopholes for some country to disobey it. As 2 powerful veto country did not show a good example to the rest of the world. In conclusion,throughout the years ,tonnes of treaties and convention had been ratified to create a better world for the civilians, the effectiveness of the treaties and convention will still depend on concrete action and enforcement of the law throughout every nation in the world. The Security Council also plays important character in executing the law and order of the International Humanitarian Law.