10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

objective, it is not a civilian object and may be made the object of attack. 135 However, it will beappropriate to consider in a proportionality analysis the harm to the civilian population resultingfrom the destruction of such a military objective. 1365.7.2 Persons Who Are Military Objectives. Certain classes of persons are militaryobjectives and may be made the object of attack. 137 These classes of persons include:• combatants, such as military ground, air, and naval units, or unprivileged belligerents; 138and• civilians taking a direct part in hostilities. 139However, the following classes of persons are not military objectives:• military medical and religious personnel, unless they commit acts harmful to theenemy; 140• military medical units, unless they have forfeited their protected status; 141• combatants placed hors de combat; 142 and• parlementaires. 1435.7.3 Objects That Are Military Objectives. Military objectives, insofar as objects areconcerned, include “any object which by its nature, location, purpose or use makes an effectivecontribution to military action and whose total or partial destruction, capture or neutralization, inthe circumstances ruling at the time, offers a definite military advantage.” 144135 CCW AMENDED MINES PROTOCOL art. 2(7) (“‘Civilian objects’ are all objects which are not military objectivesas defined in paragraph 6 of this Article.”).136 Refer to § 5.12 (Proportionality in Conducting Attacks).137 See CCW PROTOCOL III ON INCENDIARY WEAPONS art. 2(4) (referring to “combatants or other militaryobjectives”); ICRC AP COMMENTARY 635 (2017) (“It should be noted that the definition [of military objective inAP I] is limited to objects but it is clear that members of the armed forces are military objectives, … .”).138 Refer to § 5.8 (Combatants).139 Refer to § 5.9 (Civilians Taking a Direct Part in Hostilities).140 Refer to § 7.8.3 (Loss of Protection for Medical and Religious Personnel From Being Made the Object of Attack).141 Refer to § 7.10.3 (Loss of Protection of Military Medical Units and Facilities From Being Made the Object ofAttack).142 Refer to § 5.10 (Persons Placed Hors de Combat).143 Refer to § 12.5.4 (Rights of Inviolability of the Parlementaire).144 CCW AMENDED MINES PROTOCOL art. 2(6). See also CCW PROTOCOL III ON INCENDIARY WEAPONS art. 1(3)(same); 10 U.S.C. § 950p(a)(1) (“The term ‘military objective’ means combatants and those objects duringhostilities which, by their nature, location, purpose, or use, effectively contribute to the war-fighting or warsustainingcapability of an opposing force and whose total or partial destruction, capture, or neutralization would206

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!