Modern Day Chivalry- A Solution To Modern Day Human Rights Violation In Conflict Zones.

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“A knight is sworn to valour. His heart knows only virtue, his blade knows only justice.”

Ever since the Homo Sapiens walked on this planet, conflicts involving violent disagreements have taken place without fail. Conflicts are inevitable and have helped us in shaping the past, future and present.

The first-ever recorded conflict occurred around 2700 BCE between the Mesopotamian states of Sumer and Elam. Coming onto the present time, there are multiple active armed conflicts going on in four continents across the globe with the Middle East and Sub-Saharan regions being the hot zones.

In the Prehistoric past, the standard idea of a conflict was an “Ambush” between the conflicting groups, but with the passage of time and rapid modernisation came the concept of fortification as well as organised warfare with a proper standing army.

With conflicts, came the larger concept of the rules of engagement and regulations governing the combatants as well as the non-combatants. Even so, the crucial point that remains common over the centuries is the collateral damage inflicted upon the civilian population, in the form of human rights violations.

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Back to History, in erstwhile Western Europe, the concept of “Chivalry” or “Chivalric Language” was developed between late 1100s to early 1200s. Chivalry dealt with the code of conduct of a Knight, especially concerning his warrior ethos and bravery. A chivalrous Knight would lay his life in the service of the citizens. Chivalry championed the moral ethics of protecting the people from the enemy as well as not hurting the weak, children and women. The Chivalrous Knights of the middle ages have been covered in many western tales and folklore as that in the “Sir Gawain and the Green Knight” set in King Arthur’s court which summarises the commitment and the integrity that a Chivalrous Knight has to undertake as well as knowing what is right and what is wrong and its consequences. Another name that conjoins with Chivalry is that of the “Templar Knights”. Who were the members of the religious military order of knighthood formed during the Crusades, known as the “Poor Knights of Christ and of the Temple of Solomon”. These warriors were of the highest class and were trained in all aspects of life. They were religious yet respectful towards the Muslim warriors. Templars were there to protect the pilgrimage route of the Holy Land from attacks. The Knights Templar took vows of poverty, chastity, and obedience, dedicating themselves to a life of discipline and renouncing worldly possessions, much like the Cistercians and other monastic orders.

Now, the question arises, why are we talking about this historical code of honour among the warrior class?

The answer is simple, in today’s time with extensive human rights violations in combat, There is an undeniable need to revive and instill the concept of chivalry yet again amongst the soldiers.

Although there are several international rules and regulations which include the four Geneva Conventions and their two additional protocols to prevent any kind of mistreatment of the civilian population during combat and protects them from violence that endangers life, torture and physical or mental coercion. For instance, Article 18 of the fourth convention talks about how the civilian hospitals and their staffs are to be protected. Article 40 states that the civilians cannot be forced to work for the occupying forces under any circumstance, lastly quoting article 27 which strictly states that the protection of civilians' safety, dignity, family rights, religious beliefs, traditions, and customs must be upheld. But, are these reflective of the real-world? 

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Absolutely not! The mistreatment of the civilian population in the conflict zones by the invading forces through the means of harm, torture, sexual exploitation, forced labour, mass killings and genocide is a constant affair in any warfare whether historic or present. Be it the mass killings of humans for tactical advantage or to levy stress on the opposing party and pose themselves as superiors with power over the innocents, but also human trafficking in regards for immoral gains and advantages, not even sparing little children for that matter. Ghastly acts which do not follow any ethics or moral code of humane, could be only described as acts of inhuman brutality.

For example, let us consider the Bucha Massacre, which took place in the town of Bucha, west of Kyiv, Ukraine, in March 2022. The atrocity was carried out by the 234th Guards Air Assault Regiment of the Russian Armed Forces and serves as a significant case study.

Standing near a mass grave in Bucha, on 4th April 2022, the Ukrainian President told the international press that the grisly civilian killings by the Russian forces is nothing short of evil and savagery. More than 450 bodies were found all around the city which included playgrounds, roads, churches, houses, etc.

Matilda Bogner, the Head of the Human Rights Monitoring Mission in Ukraine gave a shocking detail of the whole event. According to the report’s assessment, Russian soldiers brought the civilians of Bucha to multiple makeshift places of detention and then with no regard for Human Right Laws, executed them in captivity mostly in groups. She further added that most of the victims’ bodies were found with their hands tied to their back as well as gunshot wounds to their head. Furthermore, most of the bodies had signs of torture and extreme stress. Women and children were not spared as well. 

The Massacre at Bucha (which is wholly denied by the Russian Federation) has been compared to the Srebrenica massacre better known as the Srebrenica genocide in which more than 8000 Bosniak males were brutally murdered by the Army of Republic of Srpska, during the Bosnian war which occurred in the summer of 1995. The comparison is necessary to realise the extent of human rights violations that are inflicted upon innocent people

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To delve deeper into the question of why these crimes are committed, we need to understand and analyse the psychology of a soldier during combat. By nature, humans act like animals, that is, They assert their superiority by gaining territory mainly through dominance. When a soldier goes at war, he experiences a mix of fear of death, along with a sense of pride and patriotism for the cause and the side he is fighting for. While at war, a soldier’s sole purpose is to inflict the maximum damage on the enemy. While also showing loyalty towards the chain of command. In order to ease the burden of violence and aggression that he inflicts, the soldier starts to see the enemy in a dehumanising way so as to justify his own savage behaviour. While at war, the second problem we can dive into is that there is no law enforcement agency or a system to keep checks and balances in the area and most importantly on the ground/field. However in modern militarism, a lot of focus has been given upon professionalism as well as human rights aspect of the opposition, especially the civilian population.

There are various strict punishments prescribed and implemented in case of violation of the rules. To exemplify, as per Section 108 of the Army Act, 1950, there are four types of Court Martial In India, i.e.- General Court Martial (GCM), Summary Court Martial (SCM), Summary General Court Martial (SGCM), District Court Martial (DCM). All with varied degrees and procedures for different kinds of indiscipline.

Chivalric principles can be incorporated in a soldier through specialised human rights training, conducted by a trained expert or a military psychologist which will help the armed forces across the globe in cultivating an environment where the human rights are wholly protected as well as respected and its violations are less likely to occur. Secondly, after deployment, soldiers should be encouraged to reflect on their actions and experiences. Providing support through counselling and programs that address moral injury can prevent the psychological impact of engaging in actions that contradicts a soldier’s ethical beliefs. This is an extension of the chivalric value of reflection and personal growth, ensuring soldiers continue to adhere to moral standards throughout their careers. Thirdly, chivalry emphasises on the safety and wellbeing of the non-combatants and the prisoners of war, by having discipline as well as restraint training of the infantry units and by incorporating accountability measures, which includes leadership responsibility in case of violation, modern-day soldiers are less likely to commit such crimes. Another vital aspect of chivalry is to have respect and empathy for others, and this is where “Cultural Sensitivity” helps. If the invading soldier is well versed with the history, culture, religious beliefs or even some funny local tale, he is less likely to cause harm or disrespect to the civilian population, especially in case of a foreign deployment. Last but not the least, having a strong leadership who by their actions in combat has exemplified the virtue of chivalry would prove to nullify the human rights violation in conflict zones by their rightful orders and control over battalions.

Now for the concluding question that arises is how can we minimise this conflict ridden Human Rights violation, if not completely eradicate it.

The simple answer is, “Chivalry”.

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By Chirag Thakur

Chirag Thakur is a student of law, currently in the second year, pursuing BALLB(Hons.) from the National Law University, Sonepat. Before opting for law, he was a freshman at Delhi School of Journalism, Delhi University where he developed an avid interest in international affairs as well as geopolitics. Chirag has been a debater since high school and loves to voice his opinions upon contemporary issues involving law and human rights. 

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