Where is R2P grounded in international law? Anne-Marie Judson A ...

military objectives at all times. Refugees and stateless persons who before the
beginning of hostilities were considered as such are protected persons. 274
Children are afforded special privileges 275 ; they must be protected against any form of
indecent assault and they must be provided with the care and aid they require. The
parties are responsible for ensuring that children under the age of 15 do not take part
in hostilities. Children, if they fall into hostile hands, must be treated with special
privileges whether or not they are named prisoners of war. They must be held in
separate quarters from adults except where families are kept together. The death
penalty for children is prohibited. 276 The parties involved in the conflict are
prohibited from evacuating children to another country unless it is for the health and
safety of the children. The parties need to get written consent from the parents for this
to take place. 277 Journalists are protected when they are partaking in dangerous
professional missions; at all times they must be considered as civilians provided that
they take no action in the hostilities. 278
ATTACKS AND INDISCRIMINATE ATTACKS
An attack means any act of violence against a person whether in offence or in defence.
279 This applies to all attacks in whatever territory including national territory
belonging to a party to the conflict but under the control of the adversary. The
provisions apply to land, air or sea warfare that may affect a civilian population.
These provisions are additional to the fourth Geneva Convention. Indiscriminate
attacks are prohibited, including those that are not directed at a specific military
objective, attacks that employ a method or means of combat that cannot be limited as
required by this protocol.
Prohibited indiscriminate attacks include bombardment by any means that is treated
as a single military objective. The objectives must be clearly separated and distinct
from civilians or civilian objects. Excessive damage to civilian life or property is
274 Article 73 page 29
275 Children are protected up to 15 years of age
276 Article 77 (1) to 77 (5) page 31
277 Article 78 (1) page 31
278 Article 79, chapter iii, page 32
279 Article 49 (1) page 18
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