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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:
- In the conduct of military operations,
constant care shall be taken to spare the civilian population, civilians
and civilian objects.
- With respect to attacks, the following
precautions shall be taken:
- those who plan or decide upon an attack
shall:
- 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;
- 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;
- 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;
- 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;
- effective advance warning shall be
given of attacks which may affect the civilian population, unless
circumstances do not pemmit.
- 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.
- 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
- No provision of this article may be construed
as authorizing any attacks against the civilian population, civilians
or civilian objects.
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See
Also
Ethical
Dilemas Fighting Terrorism
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