Scottish Saltire flag Scottish Friends of Israel Redressing the Balance Flag of Israel
 Home About Scottish Friends of Israel Quick Links Contact hhh

 
   
 

Geneva Conventions

Protocol 1

Additional to the Geneva Conventions, 1977

PART IV: CIVILIAN POPULATION

Section 1: General Protection Against Effects of Hostilities

Chapter II: Civilians and Civilian Population

Article 50: Definition of Civilians and Civilian Population

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, favor 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.

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.

Furthermore, the Geneva Convention (article 53) specifically acknowledges that

"when combatants fire from within civilian structures or activate roadside charges from trees and fields, these structures are to be considered legitimate military targets."

 

Article 57:
  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:
    1. those who plan or decide upon an attack shall:
      1. 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;
      2. 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 of civilian life, injury to civilians and damage to civilian objects;
      3. 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;
    2. an attack shall be canceled 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;
    3. effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not pemmit.
  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.


 
 

See Also

Ethical Dilemas Fighting Terrorism

 

 

Web Design surfgate7 - copyright: MRG ©2003