10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

• parlementaires; 311 and• civilians workers who place themselves in or on a military objective, knowing that it issusceptible to attack, such as workers in munitions factories. 312These persons are deemed to have assumed the risk of incidental harm from militaryoperations. Moreover, the law of war accepts that the defender may employ these persons tosupport military operations near or within military objectives. If these persons could have theeffect of prohibiting attacks by the attacking force, then the defending force that used suchpersons in proximity to its forces or military objectives would be unlawfully using the presenceof such persons to shield its operations or its military objectives from attack. 3135.12.3.3 Harm to Human Shields. Use of human shields violates the rule thatcivilians may not be used to shield, favor, or impede military operations. 314 The party thatemploys human shields in an attempt to shield military objectives from attack assumesresponsibility for their injury, provided that the attacker takes feasible precautions in conductingits attack. 315311 Refer to § 12.5.3 (Duties and Liabilities of the Parlementaire).312 See 2007 NWP 1-14M 8.3.2 (“The presence of civilian workers, such as technical representatives aboard awarship or employees in a munitions factory, in or on a military objective, does not alter the status of the militaryobjective. These civilians may be excluded from the proportionality analysis.”); BOTHE, PARTSCH, & SOLF, NEWRULES 303 (AP I art. 51, 2.4.2.2) (During international armed conflict, workers in defense plants or those engagedin distribution or storage of military supplies in rear areas “assume the risk of incidental injury as a result of attacksagainst their places of work or transport.”); International Committee of the Red Cross, Draft Rules for the Limitationof the Dangers Incurred by the Civilian Population in Time of War, art. 6(3), 9 (Sept. 1956) (“Nevertheless, shouldmembers of the civilian population, Article 11 notwithstanding, be within or in close proximity to a militaryobjective they must accept the risks resulting from an attack directed against that objective.”).313 Refer to § 5.16 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).314 Refer to § 5.16 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).315 U.S. Comments on the International Committee of the Red Cross’s Memorandum on the Applicability ofInternational Humanitarian Law in the Gulf Region, Jan. 11, 1991, DIGEST OF UNITED STATES PRACTICE ININTERNATIONAL LAW 1991-1999 2057, 2063 (“In no case may a combatant force utilize individual civilians or thecivilian population to shield a military objective from attack. A nation that utilizes civilians to shield a target fromattack assumes responsibility for their injury, so long as an attacker exercises reasonable precaution in executing itsoperations. Likewise, civilians working within or in the immediate vicinity of a legitimate military objective assumea certain risk of injury.”); Instructor Training Course, 3g, Appendix C in DEPARTMENT OF THE ARMY SUBJECTSCHEDULE 27-1, The Geneva Conventions of 1949 and Hague Convention No. IV of 1907, 18 (Aug. 29, 1975) (“(4)Question: Suppose we are receiving fire from the enemy, and they are using unarmed civilians as shields. May wefire back, knowing that we will be killing many of these unarmed cilivians? Answer: Yes. We may fire since wehave the right to defend ourselves. The responsibility for innocent casualties falls upon those who would violate thelaw of war by using innocents as shields.”).244

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

Saved successfully!

Ooh no, something went wrong!