Ritically discuss the specific protections afforded to medical personnel, clergymen and journalists under international humanitarian law.

· The LLM presentations have been timetabled as examination slots to take place in the week beginning the 11th May 2009. Timetables have been circulated by email and were uploaded to ULearn please refer to this for details.

· Each student has been allocated a 20 minute slot which should be broken down into 15 minutes of presenting followed by anything up to 5 minutes of questions from the examiners. Timings will be strict and the examiners will stop you after 15 minutes. The presentations will be recorded so that they can be reviewed by the external examiner.

· Of the presentation questions attached, please choose one of two topics for each of your chosen Modules. You do not need to indicate to your module leader which of the questions you are selecting. You simply have to inform the examiners when you enter the exam room which topic you are presenting on.

· You can also opt to submit a written document up to 3000 words long to support your presentation. This will not be assessed but can provide guidelines to markers if anything is unclear.



Dr Susan C. Breau

1. Introduction

The principle of distinction between civilians and combatants is one of the most fundamental in international humanitarian law. The Rules proposed for the elaboration of this principle are discussed in Chapter 6 above. But over and above the protections afforded to all civilians and civilian objects, the law singles out certain categories of civilians for special protection. Special protection includes two elements respect and protection. It provides not only for the negative prohibition of sparing an object or person from attack but includes a positive obligation on belligerents to adhere to special measures of respect. Rules 25-42 of the Study propose statements of customary law with regard to certain categories deserving of special protection. This chapter discusses those Rules and the treaty law which lies behind them. Additionally this chapter discusses the broader focus of protection of women, children, and the elderly, disabled and infirm which extends from combat to occupation and which is addressed in Rules 134-138.

The listing of specifically protected persons and objects dates from the earliest humanitarian law instrument. Although the Study deals with rules of customary international law, there has been extensive and long-standing development of treaty rules in this area which either reflect existing custom or lead to a codification of custom. . Although the Study claims to take a cautious approach to treaties , Ian Scobbie asserts in Chapter 2 of this book that  the Study took into account the practice of States parties to conclude that  the great majority of the provisions of the Geneva Conventions and Hague Regulations have customary status . This may cause difficulty in certain areas of the Study but in the case of special protection in international armed conflict, there may be more reason to rely on treaty provisions as in some of the areas to be discussed. The treaty provisions cited in support of these customary rules have long historical antecedents prior to Additional Protocol I and arguably have universal application. However, this does not mean, as Scobbie persuasively argues in Chapter 2, that all provisions of the universally ratified Geneva Conventions are automatically customary.

Before discussing the Rules in detail, it is useful to examine the humanitarian law Codes and Conventions that considered issues of special protection prior to the adoption of the Additional Protocols. The provisions of the Additional Protocols and the 1954 Hague Convention for the Protection of Cultural Property will be referred to in the discussion of specific Rules. These treaties have not been universally ratified and there are significant non-party States such as the United States and Israel.

Lieber Code
The 1863 Lieber Code included a rule for the protection of hospitals and cultural property. Although it was not an international treaty, this Code has been used as the example of one of the first national military manuals delineating the laws of war. It influenced many other military manuals. Domestic discussion of the law of armed conflict prepared the way for the two Hague Peace Conferences.

Article 35 of the Code listed specially protected locations and objects. It did not include personnel although their protection may have been implicit in the text. The rule reads as follows:
Classical works of art, libraries, scientific collections, or precious instruments, such as astronomical telescopes, as well as hospitals, must be secured against all avoidable injury, even when they are contained in fortified places whilst besieged or bombarded.
Article 37 contained a provision of special protection for  the persons of the inhabitants, especially those of women: and the sacredness of domestic relations . Article 44 of the Lieber Code contained a specific prohibition against rape.

1864 Geneva Convention

The first Geneva Convention of 1864 contained rules requiring respect for, and marking of, medical personnel, transports and equipment. The marking was by using an emblem: at the time a red cross on a white background. Articles 1, 2 and 7 included protection for ambulances, military hospitals, hospital and ambulance personnel and provision that the Red Cross emblem was to be adopted for hospitals, ambulances and evacuation parties.
The first Geneva Convention, unlike the Lieber Code, did not contain any provision for the protection of cultural property. This is due to the fact that the International Committee of the Red Cross had been founded by Henri Dunant out of concern for the wounded and sick on the battlefield. Therefore, hospitals, medical and ambulance personnel and chaplains were specifically protected. These provisions were improved and supplemented by the Geneva Conventions of 1906 and 1929.

1899 and 1907 Hague Regulations

The 1899 and 1907 Hague Conferences led to the development of rules for the conduct of armed conflict that still are in existence to this day. The 1899 and 1907 Hague Conventions included a series of Regulations respecting the laws and customs of war on land. The regulations contained specific rules on targeting of objects including undefended locations and cultural property. Articles 25 and 27 prohibited attacks or bombardment of towns, villages, habitations or buildings which were undefended and provided that all necessary steps were to be taken to spare  as far as possible edifices devoted to religion, art, science, and charity and hospitals and places where the sick and wounded were collected. These buildings should be protected by a particular and visible sign, continuing the regime of marking protected locations established in the 1864 Geneva Convention. However, the Regulations indicated that it was the duty of the besieged to notify the enemy beforehand of the presence of these buildings.

The 1907 Hague Convention IV Regulations expanded the protection from bombardment by any means and added historic monuments which expanded the cultural property protection. In Article 5 of Hague Convention IX of 1907 there was a protection for the same edifices from bombardment of naval forces. In these provisions the qualification  as far as possible was included which signified that the protection was not absolute. These prohibitions from attack did not include movable property.

These two Hague Conventions included protection for journalists but not from targeting. Article 13 of the Hague Regulations of 1907 stated:
Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemys hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities