A/HRC/10/22
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cannot be limited as required by international humanitarian law; and consequently, in each such
case, are of a nature to strike military objectives and civilians or civilian objects without
distinction. Attacks by bombardment which treat a number of clearly separated and distinct
military objectives located in an urban area or rural village as a single military objective are
prohibited. The prohibition of indiscriminate attacks must not only determine the strategy
adopted for a particular military operation but also limit the use of certain weapons in situations
where the civilian population will be affected.
14. Second, under the principle of proportionality, attacks on legitimate military objectives
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, are prohibited.
15. Third, the parties to a conflict must take all feasible precautions to avoid, and in any event
to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects.
This obligation is twofold. Precautions must be taken when planning and conducting attacks. A
number of specific precautionary measures are prescribed by humanitarian law, inter alia, the
determination of the military character of the objective and the evaluation of compliance with the
principle of proportionality. In addition, parties to a conflict are required to give effective
advance warning of attacks, which may affect the civilian population, unless circumstances do
not permit.
16. Parties to a conflict must also take precautions to protect civilians and civilian objects
under its control from the effects of attacks; this includes avoiding placing military objectives
within or near densely populated areas and keeping civilians away from military targets. The use
of human shields is also prohibited. Contrary to the general principle of precautions against the
effects of attacks, this prohibition must be understood to require the specific intent to use
civilians to immunize otherwise legitimate military objectives from lawful attack.
17. A violation of the obligation to take precautionary measures vis-à-vis the civilian
population or their use as human shields by one side to a conflict does not change the obligations
incumbent on the other party to the conflict to evaluate what constitutes an excessive attack in
relation to concrete and direct military advantage.5
18. With regard to the treatment of protected persons in the occupied territories, article 33 of
the Fourth Geneva Convention forbids collective punishment of civilians for crimes they have
not personally committed. The provision of assistance to protected persons and civilian property
also benefits from specific protections. Article 53 of the Fourth Geneva Convention prohibits the
destruction by the occupying Power of private or public property unless rendered absolutely
necessary by military operations. In addition, articles 55 and 59 provide that the occupying
Power shall ensure food and medical supplies of the population and at the very least agree to
relief schemes on behalf of the population of an occupied territory, and shall facilitate them by
5
Article 28 of the Fourth Geneva Convention specifies that the presence of a protected person
may not be used to render certain points or areas immune from military operations.
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