sou · GYB322d3 · 2011-01-01 00:00:00 — (f)Weapons the primary effect of which is to injure by fragments which in the human body escape detection by x-ray. 7.The use of any weapon not expressly mentioned under this Section of the Manual is subject to the general rules and principles of customary and treaty law of international armed conflict (in particular the principle of distinction and the prohibition of unnecessary suffering), as well as to any other treaty law applicable for Contracting Parties. 8.There is no specific obligation on Belligerent Parties to use precision guided weapons. There may however be situations in which the prohibition of indiscriminate attacks, or the obligation to avoid - or, in any event, minimize - collateral damage, cannot be fulfilled without using precision guided weapons. 9.States are obligated to assess the legality of weapons before fielding them in order to determine whether their employment would, in some or all circumstances, be prohibited. Section D: Attacks (a) In accordance with the basic principle of distinction, attacks must be confined to lawful targets. (b)Lawful targets are: (i)Combatants; (ii)Military objectives (as defined in Rules 1 (y) and 22); (iii)Civilians directly participating in hostilities (see section F of this Manual). 11.Attacks directed against civilians or civilian objects are prohibited. (a) In case of doubt as to whether a person is a civilian, that person shall be considered a civilian. (b)In case of doubt as to whether an object which is ordinarily dedicated to civilian purposes is being used for military purposes, it may only be attacked if, based on all the information reasonably available to the commander at the time, there are reasonable grounds to believe that it has become and remains a military objective. (a) Indiscriminate attacks are prohibited. (b)Indiscriminate attacks are those that cannot be or are not directed against lawful targets (as defined in Rule 10 (b)) or the effects of which cannot be limited as required by the law of international armed conflict, and which therefore are of a nature to strike lawful targets and civilians or civilian objects without distinction. (c)Attacks must not treat as a single lawful target a number of clearly separated and distinct lawful targets located in a city, town, village or area containing a similar concentration of civilians or civilian objects. 14.An attack that may be expected to cause collateral damage which would be excessive in relation to the concrete and direct military advantage anticipated is prohibited. (a) It is prohibited to order that there shall be no survivors in combat operations, to threaten an adversary therewith, or to conduct hostilities on that basis. (b)Persons who are hors de combat - either because they have clearly expressed an intention to surrender or as a result of sickness, wounds or shipwreck - must not be attacked, provided that they abstain from any hostile act and no attempt is made to evade capture. (a) At all times, and particularly after an engagement, Bellige- rent Parties must, without delay, take all possible measures to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment, and to search for the dead and prevent their being despoiled. (b)The wounded, sick and shipwrecked must receive, to the fullest extent practicable and with the least possible delay, the care and attention required by their condition. No distinction may be made among them founded on any grounds other than ones. II.Specifics of air or missile operations (a) Only military aircraft, including UCAVs, are entitled to engage in attacks. (b)The same Rule applies to the exercise of other belligerent rights, such as interception. 18.Acts or threats of violence in the course of air or missile operations cannot be pursued for the sole or primary purpose of spreading terror among the civilian population. 19.Belligerent Parties conducting, or subject to, air or missile operations: (a)Must take all possible measures to search for and collect the wounded, sick and shipwrecked, ensure their adequate care, permit their removal, exchange and transport, and search for the dead; (b)Must, whenever circumstances permit, arrange cease-fires, if necessary through a neutral intermediary, to facilitate the activities described in paragraph (a); (c)Ought to accept the assistance of impartial humanitarian organizations and facilitate their work in favour of the wounded and other victims of air or missile attacks. 20.Air or missile attacks must be conducted in accordance with those feasible precautions required under Section G of this Manual designed to avoid - or, in any event, minimize - collateral damage. 21.The application of the general prohibiting attacks directed against civilians or civilian objects, as well as indiscriminate attacks, is confined to air or missile attacks that entail violent effects, namely, acts resulting in death, injury, damage or destruction. Section E: Military Objectives In the definition of objects as military objectives (see Rule 1 (y)), the following criteria apply: (a)The nature of an object symbolizes its fundamental character. Examples of military objectives by nature include military aircraft (including military UAV/UCAVs); military vehicles (other than transport); missiles and other weapons; military equipment; military fortifications, facilities and depots; warships; ministries of defence and armaments factories. (b)Application of the location criterion can result in specific areas of land such as a mountain pass, a bridgehead or jungle trail becoming military objectives. (c)The purpose of an object - although not military by nature - is concerned with the intended future use of an object. (d)The use of an object relates to its present function, with the result that a civilian object can become a military objective due to its use by armed forces. 23.Objects which may qualify as military objectives through the definition in Rules 1(y) and 22(a) include, but are not limited to, factories, lines and means of communications (such as airfields, railway lines, roads, and tunnels); energy producing facilities; oil storage depots; transmission facilities and equipment. 24.The connection between a military objective and military action may be direct or indirect. Specifics of air or missile operations 25.Aircraft may be the object of attack only if they constitute military objectives. 26.All enemy military aircraft constitute military objectives, unless protected under Section L of this Manual, or as otherwise agreed by the Belligerent Parties under Section N (V). 27.Without prejudice to Sections I, J and L of this Manual, the following activities may render any other enemy aircraft a military objective: (a)Engaging in hostile actions in support of the enemy, e.g. intercepting or attacking other aircraft; attacking persons or objects on land or sea; being used as a means of attack; engaging in electronic warfare; or providing targeting informa- tion to enemy forces. (b)Facilitating the military actions of the enemys armed forces, e.g., transporting troops, carrying military materials, or refuelling military aircraft. (c)Being incorporated into or assisting the enemys intelligence gathering system, e.g., engaging in reconnaissance, early war- ning, surveillance or command, control and communications missions. (d)Refusing to comply with the orders of military authorities, including instructions for landing, inspection and possible capture, or clearly resisting interception. (e)Otherwise making an effective contribution to military action. Section F: Direct Participation in Hostilities 28.Civilians lose their protection from attack if and for such time as they take a direct part in hostilities. 29.Subject to the circumstances ruling at the time, the following activities are examples of what may constitute taking a direct part in hostilities: (i)Defending of military objectives against enemy attacks. (ii)Issuing orders and directives to forces engaged in hostilities; making decisions on operational/tactical deployments; and participating in targeting decision-making. (iii)Engaging in electronic warfare or computer network attacks targeting military objectives, combatants or civilians directly participating in hostilities, or which is intended to cause death or injury to civilians or damage to or destruction of civilian objects. (iv)Participation in target acquisition. (v)Engaging in mission planning of an air or missile attack. (vi)Operating or controlling weapon systems or weapons in air or missile combat operations, including remote control of UAVs and UCAVs. (vii)Employing military communications networks and facilities to support specific air or missile combat operations. (viii)Refueling, be it on the ground or in the air, of a military aircraft which is about to engage in, or which is engaged in, air or missile combat operations. (ix)Loading ordnance or mission-essential equipment onto a military aircraft which is about to engage in, or which is engaged in, air or missile combat operations. (x)Servicing or repairing of a military aircraft which is about to engage in, or which is engaged in, air or missile combat operations. (xi)Loading mission control data to military aircraft /missile soft ware systems. (xii)Combat training of aircrews, air technicians and others for specific requirements of a particular air or missile combat operation. Section G: Precautions in Attacks 30.Constant care must be taken to spare the civilian population, civilians and civilian objects. 31.All feasible precautions must be taken to spare all persons and objects entitled to specific protection under Sections K, L, M and N of this Manual. 32.Constant care includes in particular the following precautions: (a)Doing everything feasible to verify, based on information reasonably available, that a target is a lawful target and does not benefit from specific protection; (b)Doing everything feasible to choose means and methods of warfare with a view to avoiding - or, in any event, minimizing - collateral damage; and (c)Doing everything feasible to determine whether the collateral damage to be expected from the attack will be excessive in relation to the concrete and direct military advantage antici- pated. 33.When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected must be the one where the attack may be expected to cause the least danger to civilian lives and to civilian objects, or to other protected persons and objects. Specifics of air or missile operations 34.Constant care must be taken by all those involved in planning, ordering and executing air or missile combat operations to spare the civilian population, civilians and civilian objects. 35.In carrying out air or missile combat operations, an attack must be cancelled or suspended if it becomes apparent: (a)That the target is not a lawful target; or (b)That the target is and remains entitled to specific protection in accordance with Sections K, L, M and N of this Manual; or (c)That the expected collateral damage is excessive in relation to the concrete and direct military advantage anticipated. 36.In order to avoid the release of dangerous forces and conse- quent severe losses among the civilian population, particular care must be taken if works and installations containing dangerous forces, namely dams, dykes and nuclear electrical generating sta- tions (as well as installations located in their vicinity) are attacked. 37.When the attack of a lawful target by air or missile combat operations may result in death or injury to civilians, effective advance warnings must be issued to the civilian population, unless circumstances do not permit. This may be done, for instance, through dropping leaflets or broadcasting the warnings. Such war- nings ought to be as specifi c as circumstances permit. 38.Effective advance warnings must also be given before attacking persons and objects entitled to specific protection under Section K, L and N (I and II), as provided for in these Sections, as well as under Section J. 39.The obligation to take feasible precautions in attack applies equally to UAV/UCAV operations. Specifics of attacks directed at aircraft in the air 40.Before an aircraft is attacked in the air, all feasible precautions must be taken to verify that it constitutes a military objective. Verification ought to use the best means available under the prevailing circumstances, having regard to the immediacy of any potential threat. Factors relevant to verification may include: (a)Visual identification. (b)Responses to oral warnings over radio. (c)Infrared signature. (d)Radar signature. (e)Electronic signature. (f)Identification modes and codes. (g)Number and formation of aircraft. (h)Altitude, speed, track, profile and other flight characteristics. (i)Pre-flight and in-flight air traffic control information regard- ing possible flights. Belligerent Parties and Neutrals providing air traffic control service ought to establish procedures whereby military comman- ders - including commanders of military aircraft - are informed on a continuous basis of designated routes assigned to, and flight plans filed by, civilian aircraft in the area of hostilities (including infor- mation on communication channels, identification modes and codes, destination, passengers and cargo). Section H: Precautions by the Belligerent Party 42.Belligerent Parties subject to air or missile attacks must, to the maximum extent feasible, avoid locating military objectives within or near densely populated areas, hospitals, cultural property, places of worship, prisoner of war camps, and other facilities which are entitled to specific protection as per Sections K, L and N (II). 43.Belligerent Parties subject to air or missile attacks must, to the maximum extent feasible, endeavour to remove the civilian population, individual civilians and other protected persons and objects under their control from the vicinity of military objectives. 44.Belligerent Parties subject to air or missile attacks must, to the maximum extent feasible, take necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations. 45.Belligerent Parties actually or potentially subject to air or missile operations must not use the presence or movements of the civilian population or individual civilians to render certain points or areas immune from air or missile operations, in particular they must not attempt to shield lawful targets from attacks or to shield, favour or impede military operations. Belligerent Parties must not direct the movement of the civilian population or individual civilians in order to attempt to shield lawful targets from attacks or to shield military operations. Both the Belligerent Party launching an air or missile attack and the Belligerent Party subject to such an attack have obligations to take precautions. Nevertheless, the latters failure to take pre- cautionary measures does not relieve the Belligerent Party launch- ing an air or missile attack of its obligation to take feasible precautions. Section I: Protection of Civilian Aircraft (a) Civilian aircraft , whether enemy or neutral, are civilian objects and as such are entitled to protection from attack. (b)Civilian aircraft can be the object of attack only if they constitute military objectives. (a) All enemy civilian and State aircraft other than military aircraft may be intercepted, inspected or diverted in accordance with Section U. (b)Neutral civilian aircraft may be intercepted, inspected or diverted in accordance with Section U. 49.Enemy civilian aircraft are liable to capture as prize in accor- dance with Rule 134. 50.Subject to the specific protection of Sections K and L of this Manual, enemy civilian aircraft are liable to attack if engaged in any of the activities set forth in Rule 27. 51.Neutral civilian aircraft are liable to capture as prize if engaged in any of the activities enumerated in Rule 140 and if the require- ments of Rule 142 are met. 52.Neutral civilian aircraft may not be attacked unless they are engaged in any of the activities enumerated in Rule 174. (a) In order to enhance their safety whenever in the vicinity of hostilities, civilian aircraft must file with the relevant air traffic control service required flight plans, which will include information as regards, e.g., registration, destination, passengers, cargo, identifi- cation codes and modes (including updates en route). (b)Civilian aircraft ought not to deviate from a designated air traffic service route or flight plan without air traffic control clearance unless unforeseen conditions arise, e.g., safety or distress, in which case appropriate notification ought to be made immediately. 54.Civilian aircraft ought to avoid areas of potentially hazardous military operations. In the vicinity of hostilities, civilian aircraft must comply with instructions from the military forces regarding their heading and altitude. 55.Whenever feasible, a Notice to Airmen (NOTAM) ought to be issued by Belligerent Parties, providing information on military operations hazardous to civilian or other protected aircraft and which are taking place in given areas including on the activation of temporary airspace restrictions. A NOTAM ought to include information on the following: (a)Frequencies upon which the aircraft ought to maintain a continuous listening watch. (b)Continuous operation of civilian weather-avoidance radar and identification modes and codes. (c)Altitude, course and speed restrictions. (d)Procedures to respond to radio contact by the military forces and to establish two-way communications. (e)Possible action by the military forces if the NOTAM is not complied with and if the civilian or other protected aircraft is perceived by those military forces to be a threat. 56.If a civilian or other protected aircraft enters an area of poten- tially hazardous military activity, it must comply with a relevant NOTAM. 57.In the absence of a NOTAM (and, whenever feasible, in case of non-compliance with a NOTAM) military forces concerned ought to use all available means to warn the civilian or other protected aircraft - through radio communication or any other established procedures - before taking any action against it. Section J: Protection of Particular Types of Aircraft I. Civilian airliners 58.Civilian airliners are civilian objects which are entitled to particular care in terms of precautions. 59.In case of doubt, civilian airliners - either in flight or on the ground in a civilian airport - are presumed not to be making an effective contribution to military action. 60.While civilian airliners (whether enemy or neutral) ought to avoid entering a no-fly or an exclusion zone, or the immediate vicinity of hostilities, they do not lose their protection merely because they enter such areas. 61.Any civilian airliner suspected on reasonable grounds of carrying contraband or otherwise being engaged in activities inconsistent with its status is subject to inspection by a Belligerent Party in an airfield that is safe for this type of aircraft and reasonably accessible. 62.Enemy civilian airliners may be captured as prize but only on condition that all passengers and crews are safely deplaned and the papers of the aircraft are preserved. 63.Subject to Rule 68, activities such as any of the following may render a civilian airliner a military objective: (a)Being on the ground in a military airfield of the enemy in circumstances which make that aircraft a military objective. (b)Engaging in hostile actions in support of the enemy, e.g. intercepting or attacking other aircraft; attacking persons or objects on land or sea; being used as a means of attack; engaging in electronic warfare; or providing targeting informa- tion to enemy forces. (c)Facilitating the military actions of the enemys armed forces, e.g. transporting troops, carrying military materials, or refuell- ing military aircraft. (d)Being incorporated into or assisting the enemys intelligence gathering system, e.g., engaging in reconnaissance, early war- ning, surveillance or command, control and communications missions. (e)Refusing to comply with the orders of military authorities, including instructions for landing, inspection and possible capture, or clearly resisting interception. (f)Otherwise making an effective contribution to military action. Aircraft granted safe conduct 64.Aircraft granted safe conduct by agreement between the Belligerent Parties - such as cartel aircraft - are entitled to specific protection from attack. (a) Aircraft granted safe conduct lose their specific protection from attack in any one of the following instances: (i)They do not comply with the details of the agreement, including availability for inspection and identification. (ii)They intentionally hamper the movements of combatants and are not innocently employed in their agreed upon role. (b)Loss of specific protection will only take place if the cir- cumstances of non-compliance are sufficiently grave that the aircraft has become or may reasonably be assumed to be a military objective. 66.In case of doubt whether an aircraft granted safe conduct qualifies as a military objective as per Rule 27, it will be presumed not to qualify as such. 67.Aircraft granted safe conduct are exempt from capture as prize, provided that they: (a)Are innocently employed in their normal role; (b)Immediately submit to interception and identification when required; (c)Do not intentionally hamper the movement of combatants and obey orders to from their track when required; and (d)Are not acting in breach of a prior agreement. Provisions common to civilian airliners and aircraft granted safe conduct Civilian airliners and aircraft granted safe conduct may only be attacked if they have lost their protection as per Rules 63 and 65 and if the following cumulative conditions are fulfilled: (a)Diversion for landing, inspection, and possible capture, is not feasible; (b)No other method is available for exercising military control; (c)The circumstances leading to the loss of protection are sufficiently grave to justify an attack; and (d)The expected collateral damage will not be excessive in relation to the military advantage anticipated and all feasible precautions have been taken (see Section G of this Manual). 69.Any decision to attack a civilian airliner or an aircraft granted safe conduct pursuant to Rule 68 ought to be taken by an appropriate level of command. 70.In case of loss of protection pursuant to this Section, a warning must be issued - whenever circumstances permit - to the civilian airliner or the aircraft granted safe conduct in flight before any action is taken against it. Section K: Specific Protection of and Religious Personnel, Units and 71.Subject to Rule 74, and religious personnel, fixed or mobile units (including hospitals) and transports by air, land, at sea or on other waters must be respected and protected at all times, and must not be the object of attack. (a) and religious personnel ought to wear a water- resistant armlet bearing a distinctive emblem provided by the law of international armed conflict (the Red Cross, Red Crescent or the Red ). units and transports ought to be clearly marked with the same emblem to indicate their status as such; when appropriate, other means of identification may be employed. (b)As far as possible, the distinctive emblem ought to be made of materials which make it recognizable by technical means of detection used in air or missile operations. (c)The distinctive emblem and other means of identification are intended only to facilitate identification and do not, of themselves, confer protected status.