A/HRC/3/2
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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
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