Human shield (law)
Designation in humanitarian law / From Wikipedia, the free encyclopedia
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Human shields are legally protected persons—either protected civilians or prisoners of war—who are either coerced or volunteer to deter attacks by occupying the space between a belligerent and a legitimate military target.[1] The use of human shields is forbidden by Protocol I of the Geneva Conventions. It is also a specific intent war crime as codified in the Rome Statute, which was adopted in 1998.[2][3] The language of the Rome Statute of the International Criminal Court prohibits "utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations."[4]
Historically the law of armed conflict only applied to sovereign states. Non-international conflicts were governed by the domestic law of the State concerned. Under the current terms of the Rome Statute the use of human shields is defined as a war crime only in the context of an international armed conflict.[5]
After the end of World War II, non-international armed conflicts have become more commonplace. The Customary International Humanitarian Law guide suggests that rules prohibiting use of civilians as human shields are "arguably" customary in non-international armed conflict.[6] The development and application of humanitarian law to modern asymmetric warfare is currently being debated by legal scholars.[7]