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NEEDS OF THE CIVILIAN POPULATION IN INCREASINGLY LONG CONFLICTS: SELECTED ISSUES
The needs of civilian populations affected by armed conflict are multifaceted and complex. They range from protection from direct harm, and against the effects of hostilities, to basic needs such as food, water and medical care, education for children, psychosocial support, knowing the fate and whereabouts of missing family members, and hearing from a loved one in detention. Civilians may also need protection against crime, including sexual violence.
To ensure that people are effectively protected, and their suffering diminished, action is needed on at least three interconnected levels. First, it is the responsibility of parties to armed conflicts to implement their international legal obligations, many of which are concerned with safeguarding the fundamental rights and meeting the needs of the civilian population. Second, individuals and communities are agents of their own protection who will know their needs. With sufficient information and support, they may find ways to over‑ come the difficulties created by armed conflict. Their efforts to protect themselves must not be hindered. And third, humanitarian action needs to be designed with people, their needs, and their specific vulnerabilities at the centre.42 This means that their perspectives and knowledge of the context must be incorporated in the design and implementation of a humanitarian response, and their questions and concerns regarding humanitarian action taken seriously.
The protracted nature of many of todayrsquo;s armed conflicts has an impact on the needs and vulnerabilities of civilian populations.43 Many humanitarian needs arise early in a conflict, but they may change, accumulate, and become exacerbated over time. For instance, protracted conflicts destroy elements of essential infra‑ structure, such as schools and hospitals, or seriously degrade them to the point that they become unusable. When conflicts are not resolved, displaced persons, far too often, are effectively deprived of the possibility of returning voluntarily, in safety and with dignity, to their homes. And where support services and systems collapse, new barriers arise for persons with disabilities. Such obstacles, especially if prolonged, feed rather than dissipate tensions.
Fundamental IHL norms on the protection of the civilian population in armed conflict apply from the start of an armed conflict at least until its end. IHL applies regardless of the length of a conflict; its rules prohibit certain conduct at all times and aim to alleviate the humanitarian consequences of warfare whenever they arise. This chapter presents the ICRCrsquo;s views on the ways in which IHL – complemented by other bodies of international law – protects (1) internally displaced persons; (2) persons with disabilities; and (3) childrenrsquo;s access to education.
1. INTERNALLY DISPLACED PERSONS
At the end of 2018, 41.3 million people were displaced within their own country by armed conflict and violence – the highest figure ever recorded.44 Many have been displaced for long periods or forced to move multiple times, including due to protracted conflicts. In armed conflicts, internally displaced persons (IDPs) are often among the most vulnerable civilians. They can become separated from their families or go missing and live
precariously. As the worldrsquo;s population becomes ever more urbanized, people are increasingly displaced to, between, or within cities. Cities are theatres of war but can also become places of refuge. A recent ICRC study – on strengthening the humanitarian response to urban displacement in cities at war – found that people who wish to flee to avoid danger may be prevented from doing so and those who have fled may remain at risk during displacement.45 Critical civilian infrastructure may be damaged or destroyed by conflict, leading to service disruption, further affecting peoplersquo;s living conditions and potentially causing new displacement. When IDPs seek safety in cities spared from the hostilities, they often face problems because they lack official documentation and adequate access to essential services, accommodation and employment.
In armed conflicts, IHL protects IDPs as civilians. Better respect for IHL can contribute to reducing the scale of displacement, in addition to protecting those displaced.46 Human rights law complements the protection afforded by IHL, but the precise relationship between the two bodies of law is subject to further clarification and evolution. As displacement remains a reality for far too many people, a stronger focus on prevention and protection is needed. This is an integral part of the ICRCrsquo;s commitment to putting people and their needs at the centre of its action. In this connection, it is essential to continue working to influence and change the behaviour of parties to conflict, in order to ensure greater respect for IHL and other rules protecting IDPs. Strengthening protection for IDPs is a subject that requires further reflection.47
The civilian character of IDP camps
Camps may be necessary as an exceptional measure but should not be the default solution to displacement. In the short term, camps can facilitate the provision of emergency assistance. In the long-term, however,
they can prevent people from resuming a normal life and can undermine traditional coping mechanisms.
Moreover, in some armed conflicts, non-State armed groups infiltrate or settle in camps, affecting the protection of civilians. Their presence has – at times – resulted in direct attacks against a camp by their adversary, or in child recruitment and sexual violence by their members, particularly against women and girls. It is critical to protect civilians and the civilian – and humanitarian – character of camps.
Measures to ensure the civilian chara
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