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.