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I get all of the dripping sarcasm at the obviousness of this, but it still boggles my mind that many people don't get it. Let's make it clearer, though:Vanadium 50 said:Interestingly, there was an effective solution to this in the dim prehistory of mankind: pre cell-phone. The idea was that each group of combatants would wear uniform attire - we could even call it a "uniform", so that the other side would be able to distinguish between combatants and non-combatants.
Hard to imagine, I know.
The Fourth Geneva Convention, 1949, laid out the rules for protection of civilians. Going in the order I'm finding them, first is the issue of attacking civilian hospitals - but they really have to be civilian hospitals, not fronts for military compounds:
Here's where it says that the side holding or operating among civilians is responsible for their safety and that they may not be used as human shields:Art. 18. Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack but shall at all times be respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.
Art. 19. The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.
Those are the most relevant to this situation. Journalists are civilians and they are afforded protection when not intermixed with combatants. Legally, their presence does not alter the equation: It does not force an attacker to avoid shooting at a group of soldiers with civilians among them.Art. 28. The presence of a protected person may not be used to render certain points or areas immune from military operations.
Art. 29. The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.
http://www.icrc.org/ihl.nsf/full/380?opendocument
The important thing about uniforms, ID and hiding amongst civilians is that it is that soldiers are required to wear uniforms and carry ID or they lose their rights as POWs: hence the "unlawful combatants" at Gitmo:
http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/5ZBE5X/$File/IRRC_853_Pfanner.pdfBut State practice95 and jurisprudence96 indicate clearly that combatants
who do not distinguish themselves from the civilian population while
engaged in an attack or in a military operation prior to an attack shall forfeit
their rights as prisoners of war. During the First and Second World Wars,
armed persons who were captured not wearing uniforms, were often executed
on the spot as they were not considered to be combatants, but outlaws.97...
The failure of a combatant to distinguish himself from the civilian population
is certainly a breach of the law of war, but may even constitute perfidy.
99 In particular, the wearing of civilian clothes as a disguise to kill, wound
or capture the enemy is considered perfidious.100 Acts of perfidy may moreover
be punished as war crimes.101
Note, while people today seem to have forgotten what wars are like, that incentive has not actually been removed from the law, it has only been adjusted in public opinion, for modern sensibilities.Vanadium said:At some point, people decided it wasn't fair to treat different captured combatants differently and so removed this incentive.
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