GA.CJJ@Forsythe.Stanford.EDU (Clifford Johnson) (02/18/91)
From: "Clifford Johnson" <GA.CJJ@Forsythe.Stanford.EDU>
[mod.note: This is a bit outside our charter, but it's factual
and to the point, so I figured I'd approve it. I doubt there's much
point to a followup in this group, though, unless it can be linked
back into military technology. - Bill ]
Leaving it to the reader to interpret/apply this, here is the actual
law of war with regard to protection of civilians, as proscribed
by the 1977 Geneva Protocol I Additional to the Geneva Conventions
of 12 August 1949, and Relating to the Protection of Victims of
International Armed Conflicts.
ARTICLE 50--DEFINITION OF CIVILIANS AND CIVILIAN POPULATION.
1. A civilian is any person who does not belong to the [armed
forces]. In case of doubt whether a person is a civilian, that
person shall be considered to be a civilian.
2. The civilian population comprises all persons who are
civilians.
3. The presence within civilian populations of individuals who
do not come within the definition of civilians does not deprive
the population of its civilian character.
ARTICLE 51--PROTECTION OF THE CIVILIAN POPULATION.
1. The civilian population and individual civilians shall
enjoy general protection against dangers arising from military
operations. To give effect to this protection, the following
rules, which are additional to other applicable rules of
international law, shall be observed in all circumstances.
2. The civilian population as such, as well as individual
civilians, shall not be the object of attack. Acts or threats
of violence the primary purpose of which is to spread terror
among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this
Section, unless and for such time as they take a direct part in
hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate
attacks are:
(a) those which are not directed at a specific military
objective;
(b) those which employ a method or means of combat which
cannot be directed at a specific military objective; or
(c) those which employ a method or means of combat the
effects of which cannot be limited as required by this
Protocol;
and consequently, in each such case, are of a nature to strike
military objectives and civilians or civilian objects without
distinction.
5. Among others, the following types of attacks are to be
considered as indiscriminate:
(a) an attack by bombardment by any methods or means
which treats as a single military objective a number
of clearly separated and distinct military objectives
located in a city, town, village or other area containing
a similar concentration of civilians or civilian objects;
and
(b) an attack 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.
6. Attacks against the civilian population or civilians by
way of reprisal are prohibited.
7. The presence or movements of the civilian population or
individual civilians shall not be used to render certain
points or areas from military operations, in particular in
attempts to shield military objects from attacks or to
shield, favour or impede military operations. The Parties
to the conflict shall not direct the movement of the
civilian population or individual civilians in order to
attempt to shield military objectives from attacks or
shield military operations.
8. Any violation of these prohibitions shall not release the
Parties to the conflict from their legal obligations with
respect to the civilian population and civilians, including the
obligation to take the precautionary measures provided for in
Article 57.
ARTICLE 52--GENERAL PROTECTION OF CIVILIAN OBJECTS
1. Civilian objects shall not be the object of attack or of
reprisals. Civilian objects are all objects which are not
military objectives as defined in paragraph 2.
2. Attacks shall be limited strictly to military objectives.
In so far as objects are concerned, military objectives are
limited to those objects which by their nature, location, purpose,
or use make an effective contribution to military action and
whose total or partial destruction, capture or neutralization,
in the circumstances ruling at the time, offers a definite
military advantage.
3. In cases of doubt whether an object which is normally
dedicated to civilian purposes, such as a place of worship, a
house or other dwelling or a school, is being used to make an
effective contribution to military action, it shall be presumed
not to be so used.
ARTICLE 54--PROTECTION OF OBJECTS INDISPENSABLE TO THE SURVIVAL
OF THE CIVILIAN POPULATION
1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless
objects indispensable to the survival of the civilian population,
such as foodstuffs, agricultural areas for the production of
foodstuffs, crops, livestock, drinking water installations and
supplies and irrigation works, for the specific purpose of
denying them for their sustenance value to the civilian population
or to the adverse Party, whatever the motive, whether in order to
starve out civilians, to cause them to move away, or for any other
motive.
[paragraphs 3-5 omitted]
ARTICLE 56--PROTECTION OF WORKS AND INSTALLATIONS CONTAINING
dangerous forces
1. Works or installations containing dangerous forces, namely
dams, dykes and nuclear electrical generating stations, shall not
be made the object of attack, even where these objects are
military objectives, if such attack may cause the release of
dangerous forces and consequent severe losses among the civilian
population. Other military objectives located at or in the
vicinity of these works or installations shall not be made the
object of attack if such attack may cause the release of
dangerous forces from the works or installations and
consequent severe losses among the civilian population.
2. The special protection against attack provided by paragraph 1
shall cease:
(a) ...
(b) for a nuclear electrical generating station only if it provides
electric power in regular, significant and direct support of military
operations and if such attack is the only feasible way to terminate
such support;
(c) ...
[paragraphs 3-7 omitted]
ARTICLE 57--PRECAUTIONS IN ATTACK
1. In the conduct of military operations, constant care shall be
taken to spare the civilian population, civilians, and civilian
objects.
2. With respect to attacks, the following precautions shall be
taken:
(a) those who plan or decide upon an attack shall:
(i) do everything feasible to verify that the objectives
to be attacked are neither civilians nor civilian objects
and are not subject to special protection but are military
objectives . . .
(ii) take all feasible precautions in the choice of means
and methods of attack with a view to avoiding, and in any
event to minimizing, incidental loss of civilian life,
injury to civilians and damage to civilian objects;
(iii) refrain from deciding to launch any attack 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;
(b) an attack shall be cancelled or suspended if it becomes
apparent that the objective is not a military one or is
subject to special protection or that the attack 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;
(c) effective advance warning shall be given of attacks
which may affect the civilian population, unless circumstances
do not permit.
3. When a choice is possible between several military objectives
for obtaining a similar military advantage, the objective to be
selected shall be that the attack on which may be expected to
cause the least danger to civilian lives and to civilian objects.
4. In the conduct of military operations at sea or in the air,
each Party to the conflict shall, in conformity with its rights
and duties under the rules of international law applicable in
armed conflict, take all reasonable precautions to avoid losses
of civilian lives and damage to civilian objects.
5. No provision of article may be construed as authorizing any
attacks against the civilian population, civilians or civilian
objects.
Signature: USA, UK, Egypt, Jordan, Iran
Accession: Kuwait, Saudi Arabia, Syria, Qatar
Iraq, Israel, and Turkey apparently have not agreed to the Protocol,
but the protocol nevertheless represents no more than a codification
of customary international law.
To: MILITARY@ATT.ATT.COM