6.THE GENEVA CONVENTIONS

 

THE GENEVA CONVENTIONS of 1864 and 1906 focused on combatants who

have been rendered incapable of participating in combat because of injury or

illness.29 The Hague Convention (IV) Respecting the Laws and Customs of

War on Land of 1907 defines a much more extensive list of persons and property

to be protected: prisoners of war (articles 4–20); occupied territory and its

inhabitants (articles 42–56), including “public buildings, real estate, forests,

and agricultural estates”; and “the property of municipalities, that of institutions

dedicated to religion, charity and education, [and] the arts and sciences

[and] historic monuments, works of art and science.”30 The convention even

stipulates that “[f]family honour and rights, the lives of persons, and private

property, as well as religious convictions and practice, must be respected,” in

occupied territory. While there is no definition of a “non-combatant” class,

there is a general understanding that civilians are not to be attacked.