A/HRC/34/64
civilians, and damage to civilian objects when incendiary weapons are used in armed
conflict.71
Human shields
46.
The use of human shields has been defined as “the placement or detention of persons
in areas where they may be exposed to combat operations, for the purpose of rendering
certain areas or activities immune from military operations or armed attack . . .” 72 Notably
“[t]he prohibition of the use of human shields is not dependent on actual harm or attack,” 73
but only that the perpetrator must intend to shield a military objective from attack or shield,
favour, or impede military operations.” 74
47.
The deliberate violation of the obligation to take all feasible precautions against the
effects of attacks is often related to the use of human shields. With respect to noninternational armed conflicts, such practice is prohibited by the requirement that parties to
the conflict must take all feasible precautions to protect the civilian population and civilian
objects under their control against the effects of attacks. 75 In addition, international case law
has confirmed the obligation under international human rights law to take positive steps to
protect life.76 While IHRL does not explicitly prohibit the use of human shields, this
practice would constitute, among other violations, a violation of the right to not be
arbitrarily deprived of the right to life.
Use of civilian buildings for military purposes
48.
Warring parties are required, to the extent feasible, to avoid locating military
objectives within or near densely populated civilian areas.77
Treatment and Care of the Wounded and Sick
49.
A “double-tap” airstrike is one in which a second attack on a target/area follows
shortly after the first, having the effect of killing and injuring those who came to provide
aid to, mourn, or remove bodies of the victims of the first attack. Double-tap airstrikes may
therefore violate the IHL obligation to collect and care for the wounded and sick. 78 The
presence of humanitarian aid workers carrying out their humanitarian function during a
“double-tap” airstrike may also constitute a violation of the obligations to respect and
protect civilian humanitarian relief personnel,79 as well as to respect and protect objects
used for humanitarian relief operations such as humanitarian aid convoys. 80
Forced displacement
50.
Parties to a non-international armed conflict may not order the displacement of a
civilian population, in whole or in part, for reasons related to the conflict, unless the
security of the civilians involved or imperative military reasons so demand. 81
71
72
73
74
75
76
77
78
79
80
81
ICRC Rule 84.
ICTY, Prosecutor v. Radovan Karadžić, Judgement - Four volumes compiled, IT-95-5/18-T, 24 Mar
2016, at p. 199, para. 525 (internal citations omitted).
Ibid. (internal citations omitted).
Ibid. at para. P. 199-200, para 526 (internal citations omitted).
ICRC Rule 22.
See, e.g., Ibid. at Commentary to Rule 97.
Ibid. at Rule 23.
Ibid. at 110; see also Common Art. 3.
Ibid. at Rules 1 and 31.
ICRC Rule 32.
Ibid. at Rule 129(b).
33
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