A/HRC/21/50 including at the ICC.42 Parties to a conflict have an obligation to distinguish at all times between those taking part in hostilities and the civilian population, and they must direct attacks only against military objectives. Referred to as the ―principle of distinction‖, the International Court of Justice in its Advisory Opinion of 8 July 1996 on the Legality of the Threat or Use of Nuclear Weapons, recognised this principle as ―intransgressible‖ in customary international law. 37. Attacks on places where both civilians and combatants may be found are prohibited if they are not directed at a specific military objective, or if they use methods or means of combat which cannot be directed at a specific military objective. It is prohibited to launch an attack which may be expected to cause incidental loss of civilian life, injury to civilians, and/or damage to civilian objects which would be excessive in relation to the anticipated concrete and direct military advantage. 38. Customary IHL establishes that all ―parties to the conflict must take all feasible precautions to protect the civilian population and civilian objects under their control against the effects of attacks‖. Each party to the conflict must, to the extent feasible, avoid locating military objectives within or near densely populated areas. Each party to the conflict must, to the extent feasible, remove civilian persons and objects under its control from the vicinity of military objectives. 39. Attacking, destroying, removing or otherwise rendering useless objects which are indispensable to the survival of the civilian population is prohibited. Sieges must still allow for vital foodstuffs and other essential supplies to be delivered to the civilian population. 40. Medical personnel as well as hospitals, medical units and transport must be respected and protected in all circumstances. Medical personnel, units and transport lose their protection if they are being used, outside their humanitarian function, to commit acts harmful to the enemy. 41. IHL also incorporates specific protections for objects. It is prohibited to commit an act of hostility directed against places of worship which constitute the cultural or spiritual heritage of peoples. 42. The Rome Statute sets out a number of war crimes which correspond to these breaches of IHL guarantees. They include the crime of intentionally attacking civilians, and intentionally attacking civilian buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected.43 C. Arbitrary arrest and unlawful detention 43. Article 9 of the ICCPR prohibits arbitrary arrest or detention of individuals. It provides that ―no one shall be deprived of liberty except on such grounds in accordance with such procedures as are established by law‖. Persons arrested are to be informed at the time of arrest of the reasons for the arrest and promptly informed of any charges.44 Anyone arrested or detained on a criminal charge is to be brought promptly before a judge or other officer authorized by law to exercise judicial power and is entitled to trial within a reasonable period or release.45 Persons have a right to take proceedings before a court for the purposes of reviewing the lawfulness of detention and to be released if the detention is 42 43 44 45 54 Rome Statute, Art. 8 (2) (e) (i)–(iv). Rome Statute, Art. 8 (2) (e) (iv). Article 9 (2) ICCPR. Article 9 (3) ICCPR.