On hearing the name of war, pictures of destruction, bombing and death emerge in the mind. Amidst all this, a question that arises in the mind of every human being is whether there are any rules in war? So know that yes, war also has its own rules, which are called International Humanitarian Law (IHL).
These rules have been made to save humanity during the war and to prevent non -essential violence. IHL’s rule 7 is especially related to the safety of common citizens, which clearly states that attacking common citizens in the war is a serious offense. But what does this rule say and if a country breaks it, what punishment can he get from the International Court of Justice (ICJ)? Come, let’s know everything about it.
IHL Rule 7, which is a shield of safety of common citizens
International Humanitarian Law is a legal framework to save humanity during the IHL war. Its rule 7 is clearly recorded in documents of institutions like British Red Cross and ICRC. According to this, there has been talk of making a difference between ordinary citizens and soldiers in the war. According to this rule, warning parties will have to differentiate between ordinary citizens and soldiers. Attacking common citizens or their property is strictly forbidden. These attacks can only be carried out at military bases. Still, if there is an attack in which citizens are expected to suffer damage, then it is also considered illegal.
The purpose of this rule is to keep humanity alive even in war. For example, if an army deliberately bombs a school, hospital or residential area, it is a violation of IHL Rule 7. Doing so is not only immoral but is also considered a war crime. This rule of IHL is taken from the Geneva treaties of 1949 and additional protocols of 1977, which clearly states that it is a crime to target or cause unnecessary harm to citizens.
What is the latest situation?
In recent times, the tension between India and Pakistan has once again revealed the importance of this rule. India attacked the terrorist bases of Pakistan by running Operation Sindoor. During this time, India clearly said that its target was only terrorist hideouts and not ordinary citizens. On the other hand, it has been seen many times that warnings use citizens as a shield which is a violation of IHL in itself.
For example, during the Russia-Ukraine War, there were many reports that the Russian army attacked civil areas. Due to this, thousands of people died. According to a UN report, more than 500 children were killed and more than 1,100 injured in this war by 2024. Similarly, in the ongoing struggle between Israel and Gaza, there have been reports of violation of IHL. Human Rights Watch said in one of its reports that Israel stopped the supply of water, electricity and fuel in Gaza, which is a war crime under IHL. On the other hand, organizations such as Hamas use citizens as shields, which is also a violation of IHL Rule 7.
IHL does not believe in war crime
Violation of IHL Rule 7 means to commit war crime. According to the United Nations Office on Genoside Prevention, war crimes include many acts such as intentionally attacking citizens, bombing hospitals or schools, hostage or pushing citizens towards starvation. If an army or armed group does this, then it is directly a violation of IHL.
It is clearly written in Article 8 (2) (B) (i) of Rome Statute in 1998 that intentionally attacking common citizens is a war crime. Similarly, in addition to 1977, Article 51 (2) of Protocol I states that common citizens cannot be targeted. These rules are not limited to paper just. Those who break them are also punished.
What is the provision of punishment in International Court of Justice
When a country or armed group violates IHL, the responsibility of punishing it is fixed at many levels. First of all, every country has to punish war criminals under its laws. Under the Geneva treaties, every country has been given the responsibility to punish such criminals either in his court or to hand them over to another country.
But many times the country fails to do so. In such a situation, institutions like International Court of Justice (ICJ) and International Criminal Court (ICC) come out. While ICJ works to resolve disputes between countries, ICC punishes individual criminals. Understand from the example that as a country deliberately attacks citizens through its military forces, the aggrieved country can file a case in ICJ. ICJ can give a decision in this matter whether the guilty country will have to pay compensation or it will be banned.
ICC punishes people who are responsible for such crimes. Understand this from the example of Rwanda, how the ICC sentenced many leaders there after the Rwanda massacre. ICC may include long jails, compensation and steps like providing relief to the victims. Apart from this, the United Nations Security Council can also intervene in such cases and ban guilty countries.
These rules are able to be implemented after a big process
Although the IHL rules are strict but it is not easy to implement them. Many times big countries ignore these rules by using their strength. You take Russia-Ukraine War. Russia was accused of targeting citizens but so far no concrete punishment has been done. Similarly, Israel has been accused of IHL violation in Gaza but the action has been limited. Nevertheless, IHL’s rule 7 is a ray of hope that tries to save humanity even in the darkness of war.