sou · GYB322d3 · 2011-01-01 00:00:00 — 182.Should a aircraft, in the absence of an agreement or in deviation from the terms of an agreement, enter neutral airspace, either through navigational error or because of an emergency affecting the safety of the flight, it shall make every effort to give notice and to identify itself. Once the aircraft is recognized as a aircraft by the neutral State, it shall not be attacked but may be required to land for inspection. Once it has been inspected, and if it is determined in fact to be a aircraft, it shall be allowed to resume its flight. 183.If the inspection reveals that the aircraft is not a aircraft, it may be captured, and the occupants shall, unless agreed otherwise between the neutral State and the parties to the conflict, be detained in the neutral State where so required by the rules of international law applicable in armed conflict, in such a that they cannot again take part in the hostilities. Humanitarian , 161 sedvanerättsliga regler (2005) (ICRC:s sedvanerättsstudie) presenterade den sedvanerättsstudie som den fått i uppdrag av de deltagande staterna vid den 26:e internationella rödakors- och rödahalvmånekonferensen att genomföra. Studiens syfte var att klargöra vilka sedvanerättsliga regler som existerar inom den internationella humanitära rätten av . Studien genomfördes under ledning av Internationella rödakorskommitténs juridiska avdelning och de källor, både nationella och internationella, man utgick från var främst statspraxis från framför allt , opinio juris och humanitär traktaträtt. Personer från närmare 50 stater identi- fierades och fick i uppdrag att ta fram en rapport beträffande deras respektive statspraxis, medan militärmanualer och natio- nell lagstiftning samlades in från de länder som inte hade speciella rapportörer. Statspraxis i internationella källor samla- des in av sex undersökningsgrupper, en för varje sakområde som studien fokuserar på. En av avsikterna med sedvanerättsstudien var att komma till rätta med vissa problem som uppkommit vid tillämpningen av humanitär traktaträtt. Ett av problemen är att traktaträtten enbart binder de stater som ratificerat en bestämd konvention och att ett stort antal stater inte tillträtt samtliga centrala humanitärrättsliga konventioner. Sedvanerätten är emellertid bindande för samtliga stater och gäller därmed för alla stater i en konflikt, oberoende av om staterna ratificerat de traktater som innehåller de relevanta bestämmelserna eller inte. Ett annat problem är att flertalet humanitärrättsliga konven- tioner syftar till att reglera internationella (dvs. mellanstatliga) väpnade konflikter som merparten av dagens väpnade konflikter är icke-internationella. Studien avser därför även att identifiera i vilken utsträckning sedvanerätten kan sägas reglera icke-internationella konflikter i större utsträckning än den traktatbaserade rätten. Det ansågs även värdefullt att tydliggöra sedvanerättens innehåll och på så vis skapa bättre förutsättningar för de aktörer som ska tillämpa internationell humanitär rätt och därigenom bidra till att stärka dess efterlevnad. Detta gäller både för tillämpning av sedvanerätten, men även som tolkningshjälp vid tillämpning av traktaträtten. Listan av regler baseras på slutsatserna i sedvanerättsstudiens första volym (Volume I). Omfattningen av en regels tillämp- ning indikeras i den hakparentes som följer regeln. Förkort- ningen IAC (engelska för international armed conflict) hän- visar till sedvanerättsliga regler tillämpliga i internationella konflikter och förkortningen NIAC (engelska för non-interna- tional armed conflict) hänvisar till sedvanerättsliga regler tillämpliga i icke-internationella konflikter. Vad gäller icke- internationella konflikter indikeras i kommentarerna till stu- dien att vissa regler är arguably tillämpliga. Det innebär att skäl anses finnas för reglernas tillämpning i nämnda konflikter då befintlig statspraxis på det hela taget pekat i den riktningen, även om den dock varit mindre omfattande. Observera att studien inte hindrar utveckligen av tillkommande sedvanerätt samt att utveckling redan kan ha skett sedan sudien färdigställdes. Publicering: Humanitarian , Volume I: Rules, Volume II: Practice – Part 1, Volume II: Practice – Part 2. (Edited by and ). Press, 2005. The Principle of Distinction Distinction between Civilians and Combatants The parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians. [IAC/NIAC] Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. [IAC/NIAC] All members of the armed forces of a party to the conflict are combatants, except and religious personnel. [IAC] Rule 4. The armed forces of a party to the conflict consist of all organized armed forces, groups and units which are under a command responsible to that party for the conduct of its subordinates. Civilians are persons who are not members of the armed forces. The civilian population comprises all persons who are civilians. [IAC/NIAC] Civilians are protected against attack, unless and for such time as they take a direct part in hostilities. [IAC/NIAC] Distinction between Civilian Objects and Military Objectives The parties to the conflict must at all times distinguish between civilian objects and military objectives. Attacks may only be directed against military objectives. Attacks must not be directed against civilian objects. [IAC/NIAC] 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 partial or total destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. [IAC/NIAC] Civilian objects are all objects that are not military objectives. [IAC/NIAC] Civilian objects are protected against attack, unless and for such time as they are military objectives. [IAC/NIAC] Indiscriminate attacks are prohibited. [IAC/NIAC] Rule 12. Indiscriminate attacks are those: (a)which are not directed at a specific military objective; (b)which employ a method or means of combat which cannot be directed at a specific military objective; or (c)which employ a method or means of combat the effects of which cannot be limited as required by international humanitarian law; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction. [IAC/NIAC] Attacks by bombardment by any method 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 are prohibited. [IAC/NIAC] Launching 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, is prohibited. [IAC/NIAC] In the conduct of military operations, care must be taken to spare the civilian population, civilians and civilian objects. All feasible precautions must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects. [IAC/NIAC] Each party to the conflict must do everything feasible to verify that targets are military objectives. [IAC/NIAC] Each party to the conflict must take all feasible precautions in the choice of means and methods of warfare with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. [IAC/NIAC] Each party to the conflict must do everything feasible to assess whether 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. [IAC/NIAC] Rule 19. Each party to the conflict must do everything feasible to cancel or suspend an attack if it becomes apparent that the target is not a military objective 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. [IAC/NIAC] Each party to the conflict must give effective advance warning of attacks which may affect the civilian population, unless circumstances do not permit. [IAC/NIAC] 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. [IAC/arguably NIAC] Precautions against the Effects of Attacks The 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. [IAC/NIAC] Rule 23. Each party to the conflict must, to the extent feasible, avoid locating military objectives within or near densely populated areas. [IAC/arguably NIAC] Each party to the conflict must, to the extent feasible, remove civilian persons and objects under its control from the vicinity of military objectives. [IAC/arguably NIAC] Specifically Protected Persons and Objects personnel exclusively assigned to duties must be respected and protected in all circumstances. They lose their protection if they commit, outside their humanitarian function, acts harmful to the enemy. [IAC/NIAC] Punishing a person for performing duties compatible with ethics or compelling a person engaged in activities to perform acts contrary to ethics is prohibited. [IAC/NIAC] Religious personnel exclusively assigned to religious duties must be respected and protected in all circumstances. They lose their protection if they commit, outside their humanitarian function, acts harmful to the enemy. [IAC/NIAC] units exclusively assigned to purposes must be respected and protected in all circumstances. They lose their protection if they are being used, outside their humanitarian function, to commit acts harmful to the enemy. [IAC/NIAC] Rule 29. transports assigned exclusively to transportation must be respected and protected in all circumstances. They lose their protection if they are being used, outside their humanitarian function, to commit acts harmful to the enemy. [IAC/NIAC] Attacks directed against and religious personnel and objects displaying the distinctive emblems of the Conventions in conformity with international law are prohibited. [IAC/NIAC] Humanitarian relief personnel must be respected and protected. [IAC/NIAC] Objects used for humanitarian relief operations must be respected and protected. [IAC/NIAC] Personnel and Objects Involved in a Peacekeeping Mission Directing an attack against personnel and objects involved in a peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians and civilian objects under international humanitarian law, is prohibited. [IAC/NIAC] Civilian journalists engaged in professional missions in areas of armed conflict must be respected and protected as long as they are not taking a direct part in hostilities. [IAC/NIAC] Directing an attack against a zone established to shelter the wounded, the sick and civilians from the effects of hostilities is prohibited. [IAC/NIAC] Directing an attack against a demilitarized zone agreed upon between the parties to the conflict is prohibited. [IAC/NIAC] Directing an attack against a non-defended locality is prohibited. [IAC/NIAC] Each party to the conflict must respect cultural property: A.Special care must be taken in military operations to avoid damage to dedicated to religion, art, science, education or charitable purposes and historic monuments unless they are military objectives. B.Property of great importance to the cultural heritage of every people must not be the object of attack unless imperatively required by military necessity. [IAC/NIAC] The use of property of great importance to the cultural heritage of every people for purposes which are likely to expose it to destruction or damage is prohibited, unless imperatively required by military necessity. [IAC/NIAC] Each party to the conflict must protect cultural property: A.All seizure of or destruction or wilful damage done to institutions dedicated to religion, , education, the arts and sciences, historic monuments and works of art and science is prohibited. B.Any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, property of great importance to the cultural heritage of every people is prohibited. [IAC/NIAC] The occupying power must prevent the illicit export of cultural property from occupied territory and must return illicitly exported property to the competent authorities of the occupied territory. Works and Installations Containing Dangerous Forces Particular care must be taken if works and installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, and other installations located at or in their vicinity are attacked, in order to avoid the release of dangerous forces and consequent severe losses among the civilian population. [IAC/NIAC] The general principles on the conduct of hostilities apply to the natural environment: A.No part of the natural environment may be attacked, unless it is a military objective. B.Destruction of any part of the natural environment is prohibited, unless required by imperative military necessity. C.Launching an attack against a military objective which may be expected to cause incidental damage to the environment which would be excessive in relation to the concrete and direct military advantage anticipated is prohibited. [IAC/NIAC] Methods and means of warfare must be employed with due regard to the protection and preservation of the natural environment. In the conduct of military operations, all feasible precautions must be taken to avoid, and in any event to minimize, incidental damage to the environment. Lack of scientific certainty as to the effects on the environment of certain military operations does not absolve a party to the conflict from taking such precautions. [IAC/ arguably NIAC] The use of methods or means of warfare that are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment is prohibited. Destruction of the natural environment may not be used as a weapon. [IAC/arguably NIAC] Specific Methods of Warfare Ordering that no quarter will be given, threatening an adversary therewith or conducting hostilities on this basis is prohibited. [IAC/NIAC] Attacking persons who are recognized as hors de combat is prohibited. A person hors de combat is: (a)anyone who is in the power of an adverse party; (b)anyone who is defenceless because of unconsciousness, shipwreck, wounds or sickness; or (c)anyone who clearly expresses an intention to surrender; provided he or she abstains from any hostile act and does not attempt to escape. [IAC/NIAC] Making persons parachuting from an aircraft in distress the object of attack during their descent is prohibited. [IAC/NIAC] Destruction and Seizure of Property The parties to the conflict may seize military equipment belonging to an adverse party as war booty. The destruction or seizure of the property of an adversary is prohibited, unless required by imperative military necessity. [IAC/NIAC] In occupied territory: A.movable public property that can be used for military operations may be confiscated; B.immovable public property must be administered according to the rule of usufruct; and C.private property must be respected and may not be confiscated; except where destruction or seizure of such property is required by imperative military necessity. Pillage is prohibited. [IAC/NIAC] Starvation and Access to Humanitarian The use of starvation of the civilian population as a method of warfare is prohibited. [IAC/NIAC] Attacking, destroying, removing or rendering useless objects indispensable to the survival of the civilian population is prohibited. [IAC/NIAC] The parties to the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which is impartial in character and conducted without any adverse distinction, subject to their right of control. [IAC/NIAC] The parties to the conflict must ensure the freedom of movement of authorized humanitarian relief personnel essential to the exercise of their functions. Only in case of imperative military necessity may their movements be temporarily restricted. [IAC/NIAC] Ruses of war are not prohibited as long as they do not infringe a rule of international humanitarian law. [IAC/NIAC] Rule 58. The improper use of the white flag of truce is prohibited. [IAC/NIAC] The improper use of the distinctive emblems of the Conventions is prohibited. [IAC/NIAC] The use of the United Nations emblem and uniform is prohibited, except as authorized by the organization. [IAC/NIAC] The improper use of other internationally recognized emblems is prohibited. [IAC/NIAC] Improper use of the flags or military emblems, insignia or uniforms of the adversary is prohibited. [IAC/arguably NIAC] Rule 63. Use of the flags or military emblems, insignia or uniforms of neutral or other States not party to the conflict is prohibited. [IAC/arguably NIAC] Concluding an agreement to suspend combat with the intention of attacking by surprise the enemy relying on that agreement is prohibited. [IAC/NIAC] Killing, injuring or capturing an adversary by resort to perfidy is prohibited. [IAC/NIAC] Communication with the Enemy Commanders may enter into non-hostile contact through any means of communication. Such contact must be based on good faith. [IAC/NIAC] Parlementaires are inviolable. [IAC/NIAC] Commanders may take the necessary precautions to prevent the presence of a parlementaire from being prejudicial. [IAC/NIAC] Parlementaires taking advantage of their privileged position to commit an act contrary to international law and detrimental to the adversary lose their inviolability. [IAC/NIAC] General on the Use of Weapons The use of means and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering is prohibited. [IAC/NIAC] The use of weapons which are by nature indiscriminate is prohibited. [IAC/NIAC] The use of poison or poisoned weapons is prohibited. [IAC/NIAC] The use of biological weapons is prohibited. [IAC/NIAC] The use of chemical weapons is prohibited. [IAC/NIAC] Rule 75. The use of riot-control agents as a method of warfare is prohibited. [IAC/NIAC] The use of herbicides as a method of warfare is prohibited if they: (a) are of a nature to be prohibited chemical weapons; (b)are of a nature to be prohibited biological weapons; (c)are aimed at vegetation that is not a military objective; (d)would cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which may be expected to be excessive in relation to the concrete and direct military advantage anticipated; or (e)would cause widespread, long-term and severe damage to the natural environment. [IAC/NIAC] The use of bullets which expand or flatten easily in the human body is prohibited. [IAC/NIAC] The anti-personnel use of bullets which explode within the human body is prohibited. [IAC/NIAC] Weapons Primarily Injuring by Non-detectable Fragments The use of weapons the primary effect of which is to injure by fragments which are not detectable by X-rays in the human body is prohibited. [IAC/NIAC] The use of booby-traps which are in any way attached to or associated with objects or persons entitled to special protection under international humanitarian law or with objects that are likely to attract civilians is prohibited. [IAC/NIAC] When landmines are used, particular care must be taken to minimize their indiscriminate effects. [IAC/NIAC] A party to the conflict using landmines must record their placement, as far as possible. [IAC/arguably NIAC] At the end of hostilities, a party to the conflict which has used landmines must remove or otherwise render them harmless to civilians, or facilitate their removal. [IAC/NIAC] If incendiary weapons are used, particular care must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects. [IAC/NIAC] The anti-personnel use of incendiary weapons is prohibited, unless it is not feasible to use a less harmful weapon to render a person hors de combat. [IAC/NIAC] The use of laser weapons that are specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision is prohibited. [IAC/NIAC] Treatment of Civilians and Persons Hors de Combat Civilians and persons hors de combat must be treated humanely. [IAC/NIAC] Adverse distinction in the application of international humanitarian law based on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria is prohibited. [IAC/NIAC] Murder is prohibited. [IAC/NIAC] Torture, cruel or inhuman treatment and outrages upon personal dignity, in particular humiliating and degrading treatment, are prohibited. [IAC/NIAC] Corporal punishment is prohibited. [IAC/NIAC] Mutilation, or scientific experiments or any other procedure not indicated by the state of health of the person concerned and not consistent with generally accepted standards are prohibited. [IAC/NIAC] Rape and other forms of sexual violence are prohibited. [IAC/NIAC] Slavery and the slave trade in all their forms are prohibited. [IAC/NIAC] Uncompensated or abusive forced labour is prohibited. [IAC/NIAC] The taking of hostages is prohibited. [IAC/NIAC] Rule 97. The use of human shields is prohibited. [IAC/NIAC] Rule 98. Enforced disappearance is prohibited. [IAC/NIAC] Arbitrary deprivation of is prohibited. [IAC/NIAC] No one may be convicted or sentenced, except pursuant to a fair trial affording all essential judicial guarantees. [IAC/NIAC] No one may be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time it was committed; nor may a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. [IAC/NIAC] No one may be convicted of an offence except on the basis of individual criminal responsibility. [IAC/NIAC] Collective punishments are prohibited. [IAC/NIAC] Rule 104. The convictions and religious practices of civilians and persons hors de combat must be respected. [IAC/NIAC] Family life must be respected as far as possible. [IAC/NIAC] Combatants and Prisoner-of-War Status Combatants must distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. If they fail to do so, they do not have the right to prisoner-of-war status. Combatants who are captured while engaged in espionage do not have the right to prisoner-of-war status. They may not be convicted or sentenced without previous trial. [IAC] Rule 108. Mercenaries, as defined in Additional Protocol I, do not have the right to combatant or prisoner-of-war status. They may not be convicted or sentenced without previous trial. The Wounded, and Shipwrecked