CYIL vol. 8 (2017)

TAMÁS LATTMANN CYIL 8 ȍ2017Ȏ applicable in asymmetric conflicts; the set of legal norms created to be applied in any conflict situation is binding regardless of relative power differences between any adversaries. 27 Still, conflicts of asymmetric nature have produced very disturbing practices and phenomena in the past, especially on the side of the weaker party. There is no doubt, in the case of a foreign intervention against IS, the terrorist organisation would react with employing the same methods. Thus it is useful to evaluate how rules of IHL can be applied, what are the risks that intervening states have to be prepared to be able to avoid and prevent violations on their own sides. We take some of the most important elements of the laws of warfare and evaluate them in an asymmetric conflict situation. 4.1 Protection of Civilians The general goals of IHL with provisions regarding protection of civilians is to keep them away from hostilities, thus trying to make sure that they do not suffer any harm. 28 The other important aspect is what is being called „winning the hearts and minds” of the local population. In every conflict situation the civilian population is unfortunately not only a passive actor that the warring parties have to avoid but to some extent an autonomous phenomenon on the battlefield, which means tactical and logistical problems at the same time. Securing cooperation, especially the cooperation of the civilian population of occupied territories, is of vital importance in every armed conflict, whether asymmetric in nature or not. Of course “cooperation” does not mean cooperation in the military efforts, as this would be a violation of numerous provisions of IHL requiring that these shall be strictly separated, but achieving that the local population maintains a passive or supportive attitude towards the occupying power may help it in fulfilling its obligations under IHL. During military intervention against IS, this is a very important aspect. Violations against the civilians easily turn the attitude against the intervening states, which could be portrayed as “foreign invaders” or “modern crusaders”, while the population would probably not be happy with IS rule either. The norms of IHL identify groups of especially vulnerable groups of civilians and order special protective rules to be applied to them. Children under fifteen, the elderly, women, especially pregnant women and mothers of children under seven belong to these groups. Examination of IS activities shows that tragically these are the groups that are abused the most by IS, 29 so intervening states’ armed forces have to be especially careful regarding their conduct related to them. Additionally, it would be very important that these states also prepare aid and support programmes targeting these groups, possibly in the framework of CIMIC operations. 30 The prohibition of attack on civilians is of absolute nature also in a non-international conflict, as Common Article 3 to the Geneva Conventions clearly states that “persons taking no active part in the hostilities” shall not be attacked, and later development explicitly 27 GEISS, op. cit. p. 760-761. 28 KALSHOVEN, Frits, ZEGVELD, Liesbeth, Constraints on the Waging of War, ICRC, 2001. p. 62. 29 Report of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated groups. 13 March 2015, Geneva. A/HRC/28/18. 30 Civil-Military Co-operation (CIMIC) covers the means by which military forces connect and interact with civilians, local population and other actors in a theatre of operations.

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