Protection of Civilians Military Reference Guide, Second Edition Second Edition | Page 49

Protection of Civilians Military Reference Guide
(4) Ethnic cleansing is not recognized as an independent crime under international law, but
is largely a subset of crimes against humanity or war crimes. Ethnic cleansing situations may
overlap significantly with genocidal efforts. Ethnic cleansing is generally understood as the
displacement of a population from a territory through force or intimidation. 28
(5) Mass atrocities could include eliminationist efforts conducted against groups that are
excluded from the formal definition of genocide, such as members of a political group, economic
class, education category, dissidents, homosexuals, mentally disabled, or others. Mass atrocities
could also occur in non-eliminationist situations, such as reprisals against civilians during a
guerrilla or counterinsurgency campaign. They can include extremely brutal acts committed such
as systematic rape, human rights violations, and destruction of homes and communities.
(6) Civilians are also vulnerable to perpetrators who are less systematic or who do not have
underlying political or strategic objectives. Protecting civilians from mass atrocities or deliberate
targeting on any scale may be an important supporting task of a military operation, or it could be
the primary objective.
c. Poor Governance. Repressive regimes and extremely fragile states can both create contexts
in which civilian well-being is in jeopardy. Poor governance is often accompanied by corruption,
nepotism, and cultures of impunity that protect those in power or those with power.
(1) Repressive Regimes. Civilians are at risk under repressive regimes that may target
elements of the population. Regimes may also intentionally deprive civilians of human rights and
essential needs and services. The regime’s actions may be directed against selected identity groups,
individuals perceived as disloyal, or the general population to compel obedience. A regime will
likely escalate its actions against civilians during periods of unrest. Security forces (including the
military, police, intelligence services, and paramilitary groups) tend to concentrate more on regime
preservation than on protecting the population and frequently will be the actual perpetrators of
violence against civilians.
(2) Fragile States. Civilians are also at risk when governance is weak or does not exist.
Failed or failing states can result in ungoverned spaces, particularly in marginalized areas distant
from the capital. Criminal organizations, armed militias, and extremist groups in these areas are
likely to act without restraint and compete for power, often resulting in widespread civilian
suffering.
d. Violent Instability. Several unstable contexts are characterized by violence that could
threaten civilians. These contexts often overlap with one or more of those discussed above. The
violence may be widespread or localized, and it may occur sporadically during an extended time
period. If the grievances that prompt the instability persist, major outbreaks of violence could erupt
at any time, particularly if ignited by a triggering event.
(1) Post-Conflict Revenge. Violence may be triggered by a desire to obtain revenge for
previous grievances. For example, if a change in government results in a previously
28
United Nations Office on Genocide Prevention and the Responsibility to Protect, Framework of Analysis for
Atrocity Crimes (New York: United Nations, 2014), 32.
36