Distinction between Civilian Objects and Military Objectives (Rules 7–10)

Abstract

Rule 7. The parties to the conflict must at all times distinguish between civilian objects and military objectives. Attacks may only be directed against military objectives. Attacks must not be directed against civilian objects. Practice Volume II, Chapter 2, Section A. Summary State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. The three components of this rule are interrelated and the practice pertaining to each reinforces the validity of the others. Belligerent reprisals against civilian objects are discussed in Chapter 41. International armed conflicts This rule is codified in Articles 48 and 52(2) of Additional Protocol I, to which no reservations have been made. At the Diplomatic Conference leading to the adoption of the Additional Protocols, Mexico stated that Article 52 was so essential that it “cannot be the subject of any reservations whatsoever since these would be inconsistent with the aim and purpose of Protocol I and undermine its basis”. The prohibition on directing attacks against civilian objects is also set forth in Amended Protocol II and Protocol III to the Convention on Certain Conventional Weapons. In addition, under the Statute of the International Criminal Court, “intentionally directing attacks against civilian objects, that is, objects which are not military objectives”, constitutes a war crime in international armed conflicts. The obligation to distinguish between civilian objects and military objectives and the prohibition on directing attacks against civilian objects is contained in a large number of military manuals.