Protection of Civilians: A NATO Perspective

• Author: Steven Hill, Andreea Manea
• Position: Legal Adviser and Director of the Office of Legal Affairs at NATO Headquarters, BE/LLM, Teaching Assistant, The Hague University of Applied Sciences, NL
• Pages: 146-160

Steven Hill and Andreea Manea, ‘Protection of Civilians: A NATO

Perspective’ (2018) 34(2) Utrecht Journal of International and

European Law pp. 146–160, DOI: https://doi.org/10.5334/ujiel.461

UTRECHT JOURNAL OF

INTERNATIONAL AND EUROPEAN LAW

RESEARCH ARTICLE

Protection of Civilians: A NATO Perspective

Steven Hill* and Andreea Manea†

On the occasion of the 2016 Warsaw Summit, the North Atlantic Treaty Organization (NATO)

Allied Nations endorsed the NATO Policy on the Protection of Civilians, which was developed

with NATO Partners and in consultation with the United Nations and other international organi-

sations. This Policy is further bolstered by Allies’ pledge to implement a concrete Action Plan,

which will be reviewed regularly by the Council. The added value of the Policy does not lie

in the novelty of any particular aspect of its content as such, rather, in its overarching and

comprehensive character. Its guiding principles include that all NATO and NATO-led operations,

missions and activities are conducted in accordance with applicable international law, which

may include international humanitarian law (IHL) and international human rights law (IHRL). The

Policy is not limited to either the law of armed conict or times of peace alone: this promises

to facilitate its application to peace-time activities as well, and leaves sucient room for a

context-sensitive approach. More so, it recognises that long-term, self-sustained peace, secu-

rity and stability is best achieved in cooperation with, among other actors, civil society, such as

relevant human rights organisations. This article seeks to describe this landmark achievement

from a number of perspectives, focusing primarily on legal aspects relating to the Policy. It

will review (i) its scope and extent in terms of operational aspects, (ii) possible measures, (iii)

beneciaries and context and, nally, (iv) several aspects pertaining to its human rights dimen-

sion that will continue to be integrated in NATO’s current and future operations, missions and

activities, including the on-going Resolute Support Mission in Afghanistan.

Keywords: Protection of Civilians; Human Rights; NATO; Afghanistan; Resolute Support

I. Introduction

The North Atlantic Treaty Organization (NATO)’s mandate is anchored in collective self-defence, as first set

forth in the North Atlantic Treaty of 1949 and as evolved over the years in response to different challenges.

NATO’s fundamental and enduring purpose is to safeguard the freedom and security of all its members by

political and military means. As an organisation committed to peace and security through collective self-

defence and the rule of law, NATO and its 29 Allies are fundamentally concerned with the application of

international law, including rules pertaining to IHL and IHRL. This holds true for both the planning and

conduct of all missions, operations and activities. The protection of civilians has been the subject of much

recent attention within the Organisation.

With this in mind, NATO has affirmed on numerous occasions that good-faith compliance with inter-

national law, including IHL and IHRL, is at the heart of all NATO activities. NATO has also strived through

consistent efforts to promote the protection of human rights, when possible and applicable. Children and

armed conflict, women, peace and security and conflict-related sexual and gender-based violence have been

areas where, for the last decade, NATO has developed a diverse body of policies and guidelines concerning

the planning and conduct of operations and missions.

In 2016, these policies were brought together under one single overarching aegis: ‘The Policy on Protection

of Civilians’ (PoC). Its guiding principles include that all NATO and NATO-led operations, missions and other

Council-mandated activities are conducted in accordance with applicable international law, which may

* Legal Adviser and Director of the Office of Legal Affairs at NATO Headquarters, BE. Contact: hill.steven@hq.nato.int.

† LLM, Teaching Assistant, The Hague University of Applied Sciences, NL. Contact: manea_andreea_s@yahoo.com.