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India’s war on civilians

International humanitarian law draws a clear boundary: civilians must never be deliberate targets in armed conflict. This principle, enshrined in the Geneva Conventions and reinforced by global treaties, forms the bedrock of wartime conduct. Yet recent escalations in South Asia have ignited urgent debates about accountability when this line appears blurred.

The Legal Framework of Civilian Protection

The Geneva Conventions (1949) and Additional Protocol I explicitly prohibit attacks on non-combatants. Article 51(2) mandates: “The civilian population […] shall not be the object of attack.” The Rome Statute further classifies intentional civilian targeting as a war crime. These rules bind all nations, regardless of ratification status, as customary international law.

Key protections include:

  • Absolute prohibition of violence against civilians (Common Article 3)

  • Mandatory distinction between military and civilian objects

  • Explicit bans on collective punishment and terror tactics

Accountability Mechanisms for Violations

When allegations of civilian targeting arise, multiple pathways exist for investigation:

  1. International Court of Justice (ICJ): Adjudicates state responsibility

  2. UN Human Rights Council: Deploys fact-finding missions and special rapporteurs

  3. Universal Jurisdiction: National courts can prosecute war crimes under treaties

  4. UN Security Council: May refer cases to the International Criminal Court (ICC)

States like the U.S., UK, and EU members also possess domestic laws (e.g., Leahy Laws, Magnitsky Acts) allowing sanctions against units implicated in gross violations.

The Broader Impact on Global Order

Allegations of civilian harm erode trust in three critical ways:

  1. Human Cost: Families displaced, livelihoods destroyed, and generational trauma

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  2. Diplomatic Fallout: Undermines regional stability and peace processes

  3. Legal Precedent: Weakens universal adherence to humanitarian norms

As conflicts increasingly spill across borders, consistent application of these rules becomes paramount. Selective enforcement risks normalizing violations that endanger civilians worldwide.

Pathways to Justice and Prevention

Sustainable solutions require:

  • Impartial Investigations: UN-mandated inquiries into specific incidents

  • Transparency: Full disclosure of military targeting protocols

  • Diplomatic Engagement: Third-party mediation for conflict de-escalation

  • Survivor-Centered Accountability: Amplifying victim testimonies in legal forums

The international community faces a pivotal test: Will legal protections for civilians be uniformly upheld, or will geopolitical considerations override humanitarian imperatives?

Disclaimer: The viewpoints expressed in this piece are the writer’s own and don’t necessarily reflect Geo.tv’s editorial policy.


The writer is a public policy expert and leads the Country Partner Institute of the World Economic Forum in Pakistan. He tweets/posts @amirjahangir and can be reached at: aj@mishal.com.pk

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