Civil
defense refers to a variety of practical measures to protect civilians
in wars and natural disasters. The purpose of civil defense is to
ensure the survival of the civilian population, including the buildings,
vehicles, facilities, and other objects necessary for survival.
For example, Israel after the Scud bombardment during the Gulf
War strengthened its civil defense system by stepping up the
construction of air-raid shelters.
Civil defense can be carried out by civilians or the military either
in occupied territory or in any part of territories of parties to
the conflict. Among the activities covered are warning systems;
arrangements for evacuation; management of shelters; fire fighting
and rescue; medical services including first aid; religious counseling;
the provision of emergency accommodation and supplies; the repair
of indispensable public utilities; and safeguarding objects essential
for survival.
Explicit
rules for the protection of civil defense in occupied territory
were codified in the Fourth Geneva Convention of 1949 and Additional
Protocol I of 1977. These provide narrowly defined legal protection
that applies principally where civil defense is carried out by civilians,
be they officials or private citizens. This protection balances
the diverging interests of civil defense organizations, civilian
population and occupying power.
Under Article 63 of the Fourth Geneva Convention, civilian civil
defense organizations shall be able to pursue their activities
by the maintenance of the essential public utility services, by
the distribution of relief and by the organization of rescues.
The occupying power may not impose temporary and exceptional
measures except for urgent reasons of security
and may not require changes in the personnel or structure of civilian
civil defense organizations that would be disadvantageous to their
activities.
Protocol I further strengthens civilian protections and states that
civilian civil defense organizations shall be respected and
protected and are entitled to perform their tasks except in
cases of imperative military necessity.
Units and personnel must display a distinctive insignia (a blue
triangle in an orange square) and only the owners of civil defense
facilities and equipment have the right to destroy or divert them
from their proper use.
Occupying powers are obliged to grant civilian civil defense organizations
the necessary facilities and not to divert buildings nor matériel
if this would harm the civilian population. Military units assigned
to civil defense are also to be respected and protected
if they are permanently assigned and exclusively devoted to the
tasks, perform no other military duties, during the conflict, and
display the insignia.
Violating the protections of Protocol I constitutes an illegal
act by the State and constitutes a grave breach if civilian
personnel of a civil defense organization are made the object of
attack.
If civilian civil defense organizations, their personnel, buildings,
shelters, and matériel are used to harm the enemy, their
protection ceases. But organizing civil defense at the direction
of military authorities, cooperating with the military in civil
defense tasks, and organizing along military lines do not constitute
acts harmful to the enemy.

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