Write a note on Protected persons under IHL.

Protected persons, as defined under International Humanitarian Law (IHL), are individuals who are entitled to special protections and rights during armed conflict and other situations of violence. The concept of protected persons is primarily governed by the Fourth Geneva Convention of 1949 and its Additional Protocols, along with customary international law. These individuals include civilians who find themselves in the hands of a party to the conflict or under the control of an occupying power, as well as certain categories of non-combatants, such as wounded, sick, and shipwrecked persons, and individuals deprived of their liberty for reasons related to the conflict. Here are key points to understand about protected persons under IHL:

1. Scope of Protection: Protected persons are afforded special protections under IHL to safeguard their lives, dignity, and fundamental rights during armed conflict. The Fourth Geneva Convention establishes a comprehensive framework for the protection of civilians in times of war, including provisions related to humane treatment, non-discrimination, and respect for family unity. It also prohibits acts of violence, intimidation, and reprisals against protected persons and prohibits their deportation, transfer, or forcible displacement, except for reasons of their own security or imperative military necessity.

2. Categories of Protected Persons: The Fourth Geneva Convention identifies several categories of individuals who are considered protected persons, including:

   • Civilians residing in occupied territories: Civilians living in territories occupied by a foreign power are entitled to the protections of the Fourth Geneva Convention, including safeguards against arbitrary detention, forced labor, and deportation, as well as access to essential services and humanitarian assistance.
   • Wounded, sick, and shipwrecked persons: Individuals who are wounded, sick, or shipwrecked as a result of armed conflict, whether military personnel or civilians, are entitled to receive medical care and protection from the adverse effects of hostilities. They must be respected and protected, and their medical facilities and personnel must be spared from attack.
   • Detainees and prisoners of war: Individuals deprived of their liberty for reasons related to the armed conflict, including combatants and civilians, are considered protected persons under IHL. They are entitled to humane treatment, due process, and respect for their legal rights, including the right to be treated with dignity and to communicate with their families and representatives.

3. Responsibilities of Parties to Conflict: Parties to the conflict, including states and non-state actors, have legal obligations to respect and ensure the protection of all categories of protected persons under IHL. They must refrain from targeting civilians and civilian objects, such as hospitals, schools, and cultural sites, and take all feasible precautions to avoid harm to civilians and civilian infrastructure. Parties to conflict must also facilitate the delivery of humanitarian assistance to protected persons in need and allow impartial humanitarian organizations access to affected populations.

4. Enforcement and Accountability: The protection of protected persons under IHL is reinforced by mechanisms for enforcement and accountability, including the monitoring and reporting of violations, investigations into alleged abuses, and prosecution of perpetrators. States and non-state actors that violate the rights of protected persons may be held accountable under international law, including through national and international legal mechanisms, such as national courts, international tribunals, and the International Criminal Court (ICC).

Overall, the concept of protected persons under IHL reflects a commitment to upholding the rights, dignity, and well-being of individuals affected by armed conflict, ensuring their protection from harm, and promoting respect for humanitarian principles and norms in times of war and other situations of violence.