Protection of Civilians Military Reference Guide, Second Edition Second Edition | Page 19

Protection of Civilians Military Reference Guide
which the military is normally an impartial actor, present with the consent of the host state and
(ideally) the parties to a conflict, and is mandated to monitor compliance with appropriate
resolutions and agreements, support reconciliation, or facilitate transition to legitimate
governance. Mandates for peace operations often include a provision to protect civilians. 11 The
third context is armed conflict, in which the military force is a party to the conflict and achieves
a political objective coercively. During armed conflict, the primary responsibility for PoC lies with
the parties to the conflict, first and foremost in accordance with their obligations under
LOAC/IHL. 12 Some situations may incorporate features of peace operations as well as armed
conflict. Potential operations along the spectrum include the following. 13
P EACETIME M ILITARY A CTIVITIES
These operations are normally not directly related to conflict and include the domestic or
international employment of military forces. They may be under international authorization or
based upon unilateral or bilateral decisions. While these activities often occur outside of a peace
operations context, many PoC considerations are similar. Peacetime military activities include the
following:
a. Disaster Response or Relief of Acute Human Suffering. Military forces may be deployed
domestically or internationally, usually as a last resort when civilian capabilities are inadequate.
b. Support to Civil Authorities. Military forces may be employed domestically to address
heightened security requirements during civil disturbances or significant public events, or to
support endeavors such as crop harvesting.
c. Security Cooperation. Military forces may be employed internationally during peacetime
to conduct exercises or provide security-related assistance. These activities may be conducted
under international authorization or occur as a result of arrangements between the relevant
countries.
11
Typical PoC mandate language includes the following: “(Operation) is authorized to take the necessary action in
the areas of deployment of its forces and as it deems within its capabilities and without prejudice to the responsibility
of the Government of (host state), to protect civilians under imminent threat of physical violence.” See UN OCHA,
Aide Memoire For the Consideration of Issues Pertaining to the Protection of Civilians in Armed Conflict (4 th Edition)
(New York: Office for the Coordinator of Humanitarian Affairs, 2011) and UN Security Council Resolution 1894 (2009)
which is the benchmark resolution establishing the main elements. See also Protection of Civilians: Implementing
Guidelines for Military Components of United Nations Peacekeeping Missions (New York: United Nations Department
of Peacekeeping Operations and Department of Field Support, February 2015) which describes three PoC Tiers: (1)
Protection through Dialogue and Engagement; (2) Provision of Physical Protection; and (3) Establishing a Protective
Environment. The African Union (AU) has largely adopted this framework as well.
12
The 4 th Geneva Convention relative to the Protection of Civilian Persons in Time of War provides the legal basis for
understanding PoC obligations of warring parties. These obligations include distinguishing at all times between
civilians and combatants and between civilian objects and military objectives, and taking all feasible precautions to
minimize injury to civilians, loss of civilian life, and damage to civilian objects. The International Committee of the
Red Cross (ICRC) is an independent, neutral agency that serves as the guardian of IHL, promoting its implementation
at the national level and in modern conflict. For more information on the protection mandate of the ICRC, see the
ICRC Policy on Protection (2008).
13
Descriptions are in part adapted from the UN Capstone Doctrine and Allied Joint Publication (AJP 3.4.1) Peace
Support Operations (Brussels: North Atlantic Treaty Organization, July 2001).
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