A/HRC/17/44
(b)
Take all feasible precautions in the choice of means and methods of combat
with a view to avoiding and in any event to minimizing incidental loss of civilian life,
injury to civilians and damage to civilian objects;
(c)
Do everything feasible to assess extent to which the attack may be expected
to cause incidental damage and refrain from launching attacks which may be expected to
cause incidental loss of civilian life or injury to civilians or civilian objects, which would be
excessive in relation to the concrete and direct military advantage anticipated; and to
cancel/suspend an attack should it become apparent that the target is not a military
objective or that the incidental damage would be excessive;
(d)
Give effective advance warning of attacks which may affect the civilian
population unless circumstances do not permit, for example, where a surprise attack is
necessary to the success of an operation;
(e)
When a choice is possible between several military objectives for obtaining a
similar military advantage, the objective to be selected must be that the attack on which
may be expected to cause the least danger to civilian lives and to civilian objects. 115
148. International humanitarian law also incorporates specific protections for persons or
objects. Of particular relevance in the current conflict are the following rules. It is
prohibited to commit an act of hostility directed against historic monuments, works or art or
places of worship which constitute the cultural or spiritual heritage of peoples (art. 16 of
Protocol II). Attacking, destroying, removing or otherwise rendering useless objects which
are indispensable to the survival of the civilian population is prohibited (article 14 of the
Protocol II). Sieges must still allow for vital foodstuffs and other essential supplies to be
delivered to the civilian population.116 Parties to a conflict are obliged to allow and facilitate
the unimpeded passage of humanitarian relief for civilians in need. 117 Humanitarian relief
personnel must be respected and protected as well as objects used for humanitarian relief
operations.118
149. Detailed international humanitarian law provisions deal with the protection of
medical personnel and associated topics. Medical personnel and medical units and transport
must be respected and protected in all circumstances. This rule is implicit in common
article 3 of the Geneva Conventions, which requires that wounded and sick be collected and
cared for. It receives more explicit recognition under Protocol II which requires respect and
protection of medical personnel, medical units and medical transport, which must not be the
object of attack (arts. 9, para. 1, and 11, para. 1),119 which also provides specific rules
regarding tending to the wounded and sick (see, for instance, article 8). The distinctive
emblem of the red cross/red crescent is to be displayed by medical units and on medical
transports and is to be respected in all circumstances. It is not to be used improperly (art.
12).
150. There are also a range of guarantees under international human rights law of
particular relevance for this topic. This includes not only the prohibition of arbitrary
115
116
117
118
119
42
See rules 15–21, ICRC Study on Customary International Humanitarian Law, pp. 51–67.
While sieges to achieve a military objective are permitted, sieges that cause starvation are not (see
article 14 of Protocol II). The passage of foodstuffs and other essential supplies must be permitted:
see rules 53 and 55 of the ICRC Study on Customary International Humanitarian Law, pp. 186 and
193.
See rule 55 of the ICRC Study on Customary International Humanitarian Law, p. 193.
See rules 31–32 of the ICRC Study on Customary International Humanitarian Law, pp. 105and 109.
Note also article 8, paragraph 2 (e) (iii) of the Rome Statute.
Medical personnel, units and transport lose their protection if they are being used, outside their
humanitarian function, to commit acts harmful to the enemy: see article 11, para. 2 of the Protocol.
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