Lieber Studies Volume 11

Protecting civilians who have fallen into enemy hands or are just about to come under the adversary’s control is a constant challenge in the application of international humanitarian law (IHL) and the law of armed conflict (LOAC). Despite many decades of scholarship, military operational practice, and advocacy, certain legal questions remain unresolved, while others have been insufficiently examined or are newly emerging due to technological, societal, and cultural developments.
Civilian Protection in Armed Conflict explores a range of longstanding, current, and new legal and practical issues in the interpretation and application of IHL/LOAC related to civilian protection. The subjects selected are based on the experiences or observations of repeated dilemmas about the extent of legal protections owed and actually extended to civilians in military operations.

These include the protection of unprivileged belligerents and civilians in the invasion phase of international armed conflict, the law underlying civilian “screening” operations, and the challenges of setting up humanitarian corridors. Responding to recent armed conflicts including in Ukraine, Gaza, and Sudan, renewed attention is also paid to the rules governing deportation and forced conscription, and to the evolving area of civilian data protection and extraterritorial data migration. Developing interfaces between IHL/LOAC and other legal regimes, including environmental concerns, gender considerations, emerging technologies, and forensic science considerations are likewise explored. In all cases, accountability for non-respect of IHL/LOAC remains a fundamental legal obligation.

Foreword
Joseph B. Berger III
Preface
Jelena Pejic and Margaret Kotlik
PART ONE: Foundational Issues
1. The Protection of Civilians in the Invasion Phase of an International Armed Conflict
Michael W. Meier
2. Are “Unprivileged Belligerents” Protected by the Civilians Convention, and, If So, How?
Marten Zwanenburg
3. The Object and Purpose of the Fourth Geneva Convention
Kubo Mačák and Ellen Policinski
PART TWO: Law and Reality
4. Measures of Control for Security Reasons Other than Civilian Internment in Armed Conflict, a Military Perspective
Nathalie Durhin
5. The Law Applicable to the “Screening” of Civilians
Jann K. Kleffner
6. Setting up Humanitarian Corridors in Armed Conflict
Julia Grignon
7. The Law and Politics of Civilian Protection in the Occupied West Bank
David Kretzmer
8. A Reflection on the Cost of Counter-Terrorism for Civilian Protection in Armed Conflict
Fionnuala Ní Aoláin
9. Deportation in International Humanitarian and Criminal Law Against the Backdrop of the War in Ukraine
Michael N. Schmitt
10. The Law and Modern Challenges Related to the Prohibition Against Forced Conscription
W. Casey Biggerstaff
11. Civilian Data Protection in War
Russell Buchan
12. The Effect of Extraterritorial Data Migration on the Protection of Civilians and Civilian Objects
Leah West
PART THREE: Interfaces
13. Civilian Protection, Gender, and GC IV: Has Interpretation Filled the Gaps?
Valerie Oosterveld
14. Environmental Protection as Civilian Protection
Lakmini Seneviratne and Kosuke Onishi
15. The Contribution of Forensic Science to Managing the Dead and Preventing the Missing in Armed Conflict
Morris Tidball-Binz
PART FOUR: Accountability
16. Unlawful Confinement as a War Crime in Armed Conflict
Marco Sassòli
17. Armed Forces’ Investigations of IHL Violations Against Civilians
Jennifer Maddocks
18. Redressing Civilian Harm
Tom Dannenbaum
Index

Authors
Jelena Pejic
Captain Margaret Kotlik