A/HRC/45/CRP.7 civilian objects the object of attack, but instead must direct attacks only against lawful military targets.80 In a NIAC, members of an organised armed group engaged in a “continuous combat function” can be considered akin to armed forces, thus falling outside the category of civilians.81 Civilians participating in hostilities lose their protection only for such time as they directly participate in hostilities.82 Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities constitutes a war crime.83 63. For an object or building to be considered a military objective it must fulfil a twopronged test: firstly, by its nature, location, purpose or use, it must make an effective contribution to military action, and secondly, its total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, must offer a definite military advantage.84 Towns, cities, villages, residential areas, dwellings, buildings and schools, civilian means of transportation, hospitals, places of worship and cultural property are normally civilian objects. If, however, a civilian object is being used for a military purpose, it loses its protection for such time as it is being so used. An attack against a civilian object in a NIAC can constitute the war crime of destruction of the property of an adversary unless it is “imperatively demanded by the necessities of the conflict”.85 64. Arising out of both the principle of distinction and the principle of proportionality,86 is the international humanitarian law prohibition on parties to an armed conflict carrying out indiscriminate or disproportionate attacks.87 Indiscriminate attacks are attacks of a nature to strike military objectives and civilians/civilian objects without distinction. They may take the form of attacks not directed at a specific military objective (e.g., an aerial bombardment that treats as a single military objective a number of clearly separated and distinct military objectives in an area in which there is a similar concentration of civilians or civilian objects).88 Employing methods or means which cannot be directed at a specific military objective (e.g., using indiscriminate weapons), or using methods or means the effects of which cannot be limited as required by international humanitarian law, also constitute indiscriminate attacks.89 Disproportionate attacks are attacks that are expected to cause an incidental loss of life, injury to civilians and/or damage to civilian objects that would be excessive vis-à-vis the concrete and direct military advantage anticipated.90 Parties must undertake the necessary assessments to properly inform their targeting processes so as to avoid such disproportionate attacks (see further under “Failure to take all Feasible Precautions”). Launching an indiscriminate attack resulting in death or injury to civilians or an attack in the knowledge that it will cause excessive incidental civilian loss, injury or death has been recognised as a serious violation of international humanitarian law applicable in NIACs, such as to constitute a war crime under customary international law.91 65. Parties to a conflict are required to take all feasible measures to avoid and to minimize the incidental loss of civilian life, injury to civilians, and damage to civilian objects. There is Customary International Humanitarian Law, rule 1. Note in this report, legal references are provided that relate to NIACs in particular, given the legal classification of the situation in Yemen. 80 Ibid. 81 ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, pp. 33-34. 82 See Additional Protocol II, art. 13(3); ICRC Study on Customary International Humanitarian Law, rule 6. 83 Rome Statute, art. 8(2)(e)(i). 84 See ICRC Study on Customary International Humanitarian Law, rule 8. 85 Rome Statute, art. 8(2)(e)(xii). 86 The principle of proportionality requires that the effects of the means and methods of warfare used must not be disproportionate to the military advantage anticipated. 87 ICRC Study on Customary International Humanitarian Law, rules 11 and 14. 88 ICRC Study on Customary International Humanitarian Law, rule 13. 89 ICRC Study on Customary International Humanitarian Law, rule 12. 90 ICRC Study on Customary International Humanitarian Law, rule 14. 91 ICRC Study on Customary International Humanitarian Law, rule 156. There is no specific war crime equating to indiscriminate or disproportionate attacks in NIACs in the Rome Statute. 21