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Risk Factor 13

Updated: Nov 5, 2023

Risk Factor 13. Serious threats to those protected under international humanitarian law:

Conflict-related conduct that seriously threatens the life and physical integrity of those protected under international humanitarian law.

Indicators

13.1 Fragmentation of parties to the conflict or disintegration or absence of chains of command within them.

13.2 Mistrust between opposing parties based on past or present breaches of commitments or agreements.

13.3 Increased radicalization or extremism of opposing parties within a conflict.

13.4 Promotion of ethnicity or religion as a determinant of national allegiance or allegiance to a party of the conflict.

13.5 Conduct that dehumanizes the enemy or particular groups within the population, or that exhibits disrespect for their religious, ethnic, or, in general, cultural traditions, morals, values, objects, or institutions.

13.6 Adoption of measures that severely curtail the rights of those protected under international humanitarian law, including those aligned or perceived as aligned with opposing parties but not taking an active part in hostilities.

13.7 Evidence of plans or discourse which reveals a threat of or incitement to violence against those protected under international humanitarian law, including as a means to spread terror, intimidate, demoralize, show military strength, provoke displacement, or as preliminary to further violence.

13.8 Evidence of conduct interfering with or impeding delivery or access to supplies, facilities, equipment, objects, or medical or humanitarian support is indispensable to the survival of those protected under international humanitarian law.

13.9 Evidence of preparation of personnel and logistics enabling the transportation, movement, or confinement of large numbers of people, or the conducting of medical experiments.

13.10 Evidence of conduct related to the planning, development, production, storage, acquisition, availability, or threat of use of weapons, projectiles, materials, or substances which are by their nature indiscriminate or cause superfluous injury or unnecessary suffering to people, or that can cause widespread, long-term, and severe damage to the natural environment.

13.11 Refusal to allow inspections by competent and independent bodies into allegations of conduct included in point 13.10, or action to stop such conduct.

13.12 Refusal to acknowledge detentions or places of detention or to allow visits by delegates of the International Committee of the Red Cross.

13.13 Issuance of rules of engagement or legislation that allow the disproportionate or indiscriminate use of force, or failure to take action to avoid launching such attacks or to conduct military operations in heavily populated areas or to non-military targets.

13.14 Increase in the number of any of the attacks or operations mentioned in point 13.13.

13.15 Use of methods of warfare that reveal treachery, including taking advantage of the symbols or emblems of humanitarian or peacekeeping personnel, or not wearing uniforms or distinctive combat gear to portray combatants as civilians

13.16 Threats or appropriation, seizure, pillaging, or intentional destruction or damage of civilian objects or property that belong, represent, or are part of the cultural, social, or religious identity of those protected under international humanitarian law unless used for military purposes.

13.17 Threats or orders of warfare without concessions or where there would be no survivors.

13.18 Conduct that threatens the rule of law or any other measures that limit the protection of the rights to life and physical integrity afforded by applicable international humanitarian law, including denial of its applicability.

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Source: Tandamat (2022, 111-114). Risk factor 14. Serious threats to humanitarian or peacekeeping operations: Conflict-related conduct...

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