Section 67p. 67

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(c) for other military objectives located at or in the vicinity

of these works or installations only if they are used in

regular,

significant

and

direct

support

of

military

operations and if such attack is the only feasible way to

terminate such support.

3. In all cases, the civilian population and individual

civilians

shall

remain

entitled

to

all

the

protection

accorded

them

by

international

law,

including

the

protection of the precautionary measures provided for in

Article 57. If the protection Ceases and any of the works,

installations

or

military

objectives

mentioned

in

paragraph 1 is attacked, all practical precautions shall be

taken to avoid the release of the dangerous forces.

4. It is prohibited to make any of the works, installations

or military objectives mentioned in paragraph 1 the

object of reprisals.

5. The Parties to the conflict shall endeavour to avoid

locating any military objectives in the vicinity of the works

or installations mentioned in paragraph 1. Nevertheless,

installations erected for the sole purpose of defending the

protected

works

or

installations

from

attack

are

permissible and shall not themselves be made the object

of attack, provided that they are not used in hostilities

except for defensive actions necessary to respond to

attacks against the protected works or installations and

that their armament is limited to weapons capable only

of repelling hostile action against the protected works or

installations.

6. The High Contracting Parties and the Parties to the

conflict

are

urged

to

conclude

further

agreements

among themselves to provide additional protection for

objects containing dangerous forces.

7. In order to facilitate the identification of the objects

protected by this article, the Parties to the conflict may

mark them with a special sign consisting of a group of

three bright orange circles placed on the same axis, as

specified in Article 16 of Annex I to this Protocol [Article 17

of Amended Annex]. The absence of such marking in no

way relieves any Party to the conflict of its obligations

under this Article.

Chapter IV. Precautionary measures

Art 57. Precautions in attack

1. In the conduct of military operations, constant care shall

be taken to spare the civilian population, civilians and

civilian objects.

2. With respect to attacks, the following precautions shall

be taken:

(a) those who plan or decide upon an attack shall:

(i) do everything feasible to verify that the objectives to be

attacked are neither civilians nor civilian objects and are

not

subject

to

special

protection

but

are

military

objectives within the meaning of paragraph 2 of Article 52

and that it is not prohibited by the provisions of this

Protocol to attack them;

(ii) take all feasible precautions in the choice of means

and methods of attack with a view to avoiding, and in any

event to minimizing, incidental loss or civilian life, injury

to civilians and damage to civilian objects;

(iii) refrain from deciding to launch any 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;

(b)

an attack shall be cancelled or suspended if it

becomes apparent that the objective is not a military one

or is subject to special protection or that the attack 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;

(c) effective advance warning shall be given of attacks

which

may

affect

the

civilian

population,

unless

circumstances do not permit.

3. When a choice is possible between several military

objectives for obtaining a similar military advantage, the

objective to be selected shall be that the attack on which

may be expected to cause the least danger to civilian lives

and to civilian objects.

4. In the conduct of military operations at sea or in the air,

each Party to the conflict shall, in conformity with its

rights and duties under the rules of international law

applicable

in

armed

conflict,

take

all

reasonable

precautions to avoid losses of civilian lives and damage to

civilian objects.

5. No provision of this article may be construed as

authorizing any attacks against the civilian population,

civilians or civilian objects.

Art 58. Precautions against the effects of attacks

The Parties to the conflict shall, to the maximum extent

feasible:

(a)

without

prejudice

to

Article

49

of

the

Fourth

Convention, endeavour to remove the civilian population,

individual civilians and civilian objects under their control

from the vicinity of military objectives;

(b)

avoid

locating military objectives within or near

densely populated areas;

(c) take the other necessary precautions to protect the

civilian population, individual civilians and civilian objects

under their control against the dangers resulting from

military operations.

Chapter V. Localities and zones under special protection

Art 59. Non-defended localities

1. It is prohibited for the Parties to the conflict to attack, by

any means whatsoever, non-defended localities.

2. The appropriate authorities of a Party to the conflict

may declare as a non-defended locality any inhabited

place near or in a zone where armed forces are in contact

which is open for occupation by an adverse Party.

Such a locality shall fulfil the following conditions:

(a) all combatants, as well as mobile weapons and mobile

military equipment must have been evacuated;

(b)

no

hostile

use

shall

be

made

of fixed military

installations or establishments;

(c)

no

acts

of

hostility

shall

be committed by the

authorities or by the population; and

(d) no activities in support of military operations shall be

undertaken.

3. The presence, in this locality, of persons specially

protected under the Conventions and this Protocol, and

of

police

forces

retained

for

the

sole

purpose

of

maintaining

law

and

order,

is

not

contrary

to

the

conditions laid down in paragraph 2.

4. The declaration made under paragraph 2 shall be

addressed to the adverse Party and shall define and

describe,

as

precisely

as

possible,

the limits of the

non-defended locality. The Party to the conflict to which

the declaration is addressed shall acknowledge its receipt

and shall treat the locality as a non-defended locality

unless the conditions laid down in paragraph 2 are not in

fact fulfilled, in which event it shall immediately so inform

the Party making the declaration. Even if the conditions

laid down in paragraph 2 are not fulfilled, the locality shall

continue to enjoy the protection provided by the other

provisions

of

this

Protocol

and

the

other

rules

of

international law applicable in armed conflict.

© Compiled by RGL

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