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International Humanitarian Law

III.6 Special protection against CRSV is owed to refugees, stateless persons and transferred persons

Under the Fourth Geneva Convention, 'protected persons' are those who, at a given moment and in any manner, are in the hands of a party to the conflict or occupying power. Refugees who qualify as protected persons within the meaning of the Convention benefit from the protection owed to non-nationals in the hands of a party to the conflict or occupying power. Stateless persons also qualify as protected persons.

In addition, refugees who are not, in fact, under any government's protection, enjoy special protection under article 44 of the Convention. In applying measures of control and security in regard to protected persons as may be necessary because of the war, States must not treat refugees as enemy non-nationals exclusively on the basis of their nationality, in law, of an enemy State. Refugees in occupied territory that are not considered protected persons also enjoy certain protections under article 70(2) of the Convention. For the purposes of IHL, the term 'refugee' should be understood in a broad sense; the only criterion being that the individual in question does not 'enjoy the protection of any government'.

International Humanitarian Law

...sleeping and washing facilities if separate quarters are not possible.71 III.6 Special protection against CRSV is owed to refugees, stateless persons and transferred persons🔗 Under the Fourth Geneva Convention, ‘protected persons’ are those who, at a given moment and in any manner, are in the hands of a party to the conflict or occupying power. Refugees who qualify as protected persons within the meaning of the Convention benefit from the protection owed to non-nationals in......the hands of a party to the conflict or occupying power.72 Stateless persons also qualify as protected persons.73 In addition, refugees who are not, in fact, under any government’s protection, enjoy special protection under article 44 of the Convention. In applying measures of control and security in regard to protected persons as may be necessary because of the war,74 States must not treat refugees as enemy non-nationals exclusively on the basis of their nationality, in......forces and other actors present in occupied territory.120 Additional duties of occupying powers include: Respecting ‘family honour and rights’, and the lives of persons that qualify as ‘protected’ under the Fourth Geneva Convention;121 Treating protected persons humanely at all times and without adverse distinction;122 Not causing physical suffering or extermination of protected persons in their hands. This includes torture and any other measures of brutality, whether committed by civilian or military agents;123 To the fullest......be committed, such grave breaches’, and must bring such persons, regardless of their nationality, ‘before its own courts’.143 Grave breaches are war crimes committed in an IAC that fulfil a number of criteria.144 War crimes amount to a grave breach if they are committed against protected persons and constitute wilful killing, torture or inhuman treatment, wilfully causing great suffering or serious injury to body or health.145 Protected persons are those who ‘at a given moment and in......law, of an enemy State. Refugees in occupied territory that are not considered protected persons also enjoy certain protections under article 70(2) of the Convention. For the purposes of IHL, the term ‘refugee’ should be understood in a broad sense; the only criterion being that the individual in question does not ‘enjoy the protection of any government’.75 In armed conflicts, IHL prohibits ‘[p]arties to the conflict from transferring persons in their power to another authority...

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