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Human Rights Law

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1971

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Protection Of Non-Combatants In Guerrilla Wars, James E. Bond Jan 1971

Protection Of Non-Combatants In Guerrilla Wars, James E. Bond

Faculty Articles

The purpose of this article is twofold: first, some of the gaps in Convention protections of non-combatants will be identified; and second, possible remedies will be offered. The alleged atrocities at My Lai have exposed one major gap in Convention protection, although surprisingly few popular or scholarly commentators have mentioned or discussed it. The Geneva Civilian Convention does not protect the nationals of a co-belligerent state from the depredations of an ally. The author details the Geneva Convention categories that apply in these situations and offers revisions that could be implemented to provide the laws necessary to protect non-combatants.