[News Terms] "No Attacking Civilians"‥The Laws of War Biden Urged

U.S. President Joe Biden reaffirmed his stance to assist Israel while also urging compliance with the ‘rules of war,’ which are also known as International Humanitarian Law or Law of Armed Conflict. These are international customary laws governing armed conflicts between or within states, and failure to comply makes it difficult to gain legitimacy for the war from the international community. In some cases, violations can also lead to prosecution by the International Criminal Court.

[Image source=Reuters Yonhap News]

The core of the rules of war lies in the protection of civilians who do not participate in the conflict. For example, Article 51 of the First Additional Protocol to the Geneva Conventions prohibits military attacks against civilians who are not taking part in hostilities.

According to the rules of war, parties to a conflict must use only the minimum necessary troops and weapons to achieve military objectives. This means not causing unnecessary suffering beyond military necessity. In particular, combatants and civilians, as well as military and non-military targets, must be clearly distinguished to protect civilians, and medical facilities and personnel must also be safeguarded. Attacks on religious personnel and cultural heritage are also prohibited. This is the background behind Colonel Kim Young-hwan’s refusal to order the bombing of Haeinsa Temple during the Korean War on May 6, 1961, thereby protecting the Tripitaka Koreana.

Additionally, there are provisions to protect war survivors such as prisoners of war and the wounded, even if they are not civilians. These clauses were adopted based on the Red Cross spirit, aiming to protect those not participating in hostilities and combatants who have lost their fighting capability. The Geneva Conventions define protected persons as prisoners of war, the wounded, sick, shipwrecked, civilians, and those caring for victims of armed conflict (especially medical personnel). The global condemnation of the U.S. following the prisoner abuse incidents at Abu Ghraib prison during the 2004 Iraq War was due to violations of these regulations.

The main contents of these rules of war were largely codified at the Hague Peace Conferences held in 1899 and 1907, and the Geneva Conferences held four times starting in 1864.

The Hague Peace Conferences were convened in 1899 and 1907 at the initiative of Russian Emperor Nicholas II, before the outbreak of World War I. At these conferences, various treaties on the laws of war, including rules of engagement and neutrality, were adopted, but most of these were invalidated and ineffective during World War I. Subsequently, new regulations related to the rules of war were negotiated at the Geneva Conferences, with the core civilian protection provisions adopted at the 1949 conference.

South Korea has also adopted and applies the Geneva Conventions and Additional Protocols, which form the basis of the rules of war. The Ministry of National Defense regulations specify obligations for compliance with and education on the rules of war. In August, the Air Force Headquarters produced and distributed a leaflet titled ‘20 Easy-to-Understand Rules of War’ to ensure that service members accurately understand the content.