- ~TERNATIONALCOVENANTON CIVILAND POLITICALFUGHTS, G.A. res 2200A (XXI),
December 16,1966,21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A16316 (1966), 999
U.N.T.S. 171, entered into force March 23, 1976.
19.Frank Newman and David Weissbrodt, International Human Rights (1990).
- Frank Newman and David Weissbrodt, Selected International Human Rights Lnstrurnents
(1990).
- Frank Newman and David Weissbrodt, 1994 Suv~lement to International Human Rights
and Selected International Human Rights Instruments (1994).
- Memorandum: Law of War Status of Civilians Accompanying Militay Forces in the Field
(6 May 1999), W. Hays Parks, Special Assistant on Law of War Matters (On file with
author)
- Department of Defense Law of War Program, DoDD 5100.77 (9 December 1998)
[hereinafter DoDD 5 100.771.
I. OBJECTIVES
A. Become familiar with the historic influences on the development of protections
for civilians during periods of armed conflict.
B. Understand the legal definition of "civilian," and the test for determining when
that status is lost.
C. Identify the law intended primarily for the benefit of:
- All civilians, during ANY type of conflict;
- "Special need" civilians during ONLY international armed conflict;
- Civilians under the control of an enemy (protected persons);
- Civilians not under enemy control, but subject to enemy lethality.
11. INTRODUCTION.
A. Historical Background. The concept of protecting civilians during conflict is
ancient. Historically, three considerations motivated implementation of such
protections.
- Desire of sovereigns to protect their citizens. Based on reciprocal self-
interests, ancient powers entered into agreements or followed codes of
chivalry in the hope similar rules would protect their own land and people if
they fell under their enemy's control.
