A/HRC/3/2 page 28 85. 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.58 86. All feasible precautions must be taken in order to avoid, or in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects.59 International humanitarian law prescribes specific precautionary measures in relation to the planning and conduct of attacks, including an obligation to give effective advance warning of attacks which may affect the civilian population, unless circumstances do not permit.60 87. Ensuring the protection of civilians in armed conflict also requires that civilians be kept away from military targets. In addition, international law prohibits the intentional use by a party to the conflict of civilians to immunize otherwise legitimate military objectives from lawful attack.61 88. Other fundamental principles of international law related to the protection of civilians in armed conflict should be recalled prior to the Commission’s consideration of specific issues. For example, States must exert their influence, to the degree possible, to stop violations of international humanitarian law.62 Collective punishment - that is, the punishment of a group of people for the acts committed by one or several - is prohibited.63 Where they are not prohibited by international law, belligerent reprisals are subject to strict conditions.64 They are prohibited altogether against persons protected by the Geneva Conventions.65 And in addition, reprisals against objects protected under the Geneva Conventions and Hague Convention for the Protection of Cultural Property are strictly prohibited.66 89. Forcible displacement of civilians for reasons related to an armed conflict is prohibited, unless the security of the civilians involved or military necessity so require.67 Where displacement occurs, all possible measures must be taken in order that the civilians concerned are received under satisfactory conditions of shelter, hygiene, health, safety and nutrition, and that members of the same family are not separated.68 90. Humanitarian access to affected populations is crucial, where the State in question is unable or unwilling to provide for the basic needs of civilians on their territory. According to international law, humanitarian relief personnel must be respected and protected,69 and all parties to the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need.70 The Security Council has stressed, in particular, the need for all parties concerned to cooperate fully with the United Nations Humanitarian Coordinator and United Nations agencies in providing safe and unimpeded access to civilians in armed conflict.71 B. Specific approach 1. Attacks on the civilian population and objects 91. One of the most tragic facts of the conflict raises the question of direct and indiscriminate attacks on civilians and civilian objects and the violation of the right to life. Due to the time constraints, as well as practical considerations, such as the continued displacement of survivors

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents