Section 66p. 66

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

3. Civilians shall enjoy the protection afforded by this

section, unless and for such time as they take a direct

part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate

attacks are:

(a) those which are not directed at a specific military

objective;

(b) those which employ a method or means of combat

which cannot be directed at a specific military objective;

or

(c) those which employ a method or means of combat

the effects of which cannot be limited as required by this

Protocol;

and consequently, in each such case, are of a nature to

strike military objectives and civilians or civilian objects

without distinction.

5. Among others, the following types of attacks are to be

considered as indiscriminate:

(a) an attack by bombardment by any methods or means

which treats as a single military objective a number of

clearly separated and distinct military objectives located

in a city, town, village or other area containing a similar

concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental

loss of civilian life, injury to civilians, damage to civilian

objects,

or

a

combination

thereof,

which would be

excessive in relation to the concrete and direct military

advantage anticipated.

6. Attacks against the civilian population or civilians by

way of reprisals are prohibited.

7. The presence or movements of the civilian population

or individual civilians shall not be used to render certain

points or areas immune from military operations, in

particular in attempts to shield military objectives from

attacks or to shield, favour or impede military operations.

The Parties to the conflict shall not direct the movement

of the civilian population or individual civilians in order to

attempt to shield military objectives from attacks or to

shield military operations.

8. Any violation of these prohibitions shall not release the

Parties to the conflict from their legal obligations with

respect to the civilian population and civilians, including

the

obligation

to

take

the

precautionary

measures

provided for in Article 57.

Chapter III. Civilian objects

Art 52. General Protection of civilian objects

1. Civilian objects shall not be the object of attack or of

reprisals. Civilian objects are all objects which are not

military objectives as defined in paragraph 2.

2. Attacks shall be limited strictly to military objectives. In

so far as objects are concerned, military objectives are

limited to those objects which by their nature, location,

purpose or use make an effective contribution to military

action and whose total or partial destruction, capture or

neutralization, in the circumstances ruling at the time,

offers a definite military advantage.

3. In case of doubt whether an object which is normally

dedicated to civilian purposes, such as a place of worship,

a house or other dwelling or a school, is being used to

make an effective contribution to military action, it shall

be presumed not to be so used.

Art 53. Protection of cultural objects and of places of

worship

Without

prejudice

to

the

provisions

of

the

Hague

Convention for the Protection of Cultural Property in the

Event of Armed Conflict of 14 May 1954, and of other

relevant international instruments, it is prohibited:

(a) to commit any acts of hostility directed against the

historic monuments, works of art or places of worship

which constitute the cultural or spiritual heritage of

peoples;

(b) to use such objects in support of the military effort;

(c) to make such objects the object of reprisals.

Art 54. Protection of objects indispensable to the survival

of the civilian population

1.

Starvation

of

civilians

as a method of warfare is

prohibited.

2. It is prohibited to attack, destroy, remove or render

useless objects indispensable to the survival of the civilian

population, such as food-stuffs, agricultural areas for the

production of food-stuffs, crops, livestock, drinking water

installations and supplies and irrigation works, for the

specific purpose of denying them for their sustenance

value to the civilian population or to the adverse Party,

whatever the motive, whether in order to starve out

civilians, to cause them to move away, or for any other

motive.

3. The prohibitions in paragraph 2 shall not apply to such

of the objects covered by it as are used by an adverse

Party:

(a) as sustenance solely for the members of its armed

forces; or

(b) if not as sustenance, then in direct support of military

action, provided, however, that in no event shall actions

against these objects be taken which may be expected to

leave the civilian population with such inadequate food or

water as to cause its starvation or force its movement.

4. These objects shall not be made the object of reprisals.

5. In recognition of the vital requirements of any Party to

the conflict in the defence of its national territory against

invasion, derogation from the prohibitions contained in

paragraph 2 may be made by a Party to the conflict

within

such

territory

under

its

own

control

where

required by imperative military necessity.

Art 55. Protection of the natural environment

1. Care shall be taken in warfare to protect the natural

environment against widespread, long-term and severe

damage. This protection includes a prohibition of the use

of methods or means of warfare which are intended or

may be expected to cause such damage to the natural

environment and thereby to prejudice the health or

survival of the population.

2. Attacks against the natural environment by way of

reprisals are prohibited.

Art 56. Protection of works and installations containing

dangerous forces

1. Works or installations containing dangerous forces,

namely dams, dykes and nuclear electrical generating

stations, shall not be made the object of attack, even

where these objects are military objectives, if such attack

may

cause

the

release

of

dangerous

forces

and

consequent severe losses among the civilian population.

Other military objectives located at or in the vicinity of

these works or installations shall not be made the object

of

attack

if

such

attack

may

cause

the release of

dangerous forces from the works or installations and

consequent severe losses among the civilian population.

2. The special protection against attack provided by

paragraph 1 shall cease:

(a) for a dam or a dyke only if it is used for other than its

normal function and in regular, significant and direct

support of military operations and if such attack is the

only feasible way to terminate such support;

(b) for a nuclear electrical generating station only if it

provides electric power in regular, significant and direct

support of military operations and if such attack is the

only feasible way to terminate such support;

© Compiled by RGL

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