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.

object of attack by incendiary weapons. 369 In addition, it is specifically prohibited to makeforests or other kinds of plant cover the object of attack by incendiary weapons, except whensuch natural elements are used to cover, conceal, or camouflage combatants or other militaryobjectives, or are themselves military objectives. 370Similarly, the risks that the use of an incendiary weapon may pose to the civilianpopulation should be considered in a proportionality analysis. 371As with the use of other weapons, commanders must take feasible precautions to reducethe risk of incidental harm to civilians when using incendiary weapons. 3726.14.3.1 Use Against Military Objectives Located in Concentrations of Civilians.Subject to a reservation by the United States discussed below, two additional rules apply to theuse of incendiary weapons against military objectives that are located within a concentration ofcivilians. A “concentration of civilians” means any concentration of civilians, be it permanent ortemporary, such as in inhabited parts of cities, in inhabited towns or villages, or in camps orcolumns of refugees or evacuees, or groups of nomads. 373First, subject to the U.S. reservation discussed below, it is prohibited to use air-deliveredincendiary weapons to make any military objective located within a concentration of civilians theobject of attack. 374Second, subject to the U.S. reservation discussed below, it is also prohibited to useincendiary weapons other than air-delivered incendiary weapons (e.g., ground artillery) to makeany military objective located within a concentration of civilians the object of attack. However,it is not prohibited to use such incendiary weapons against a military objective located within aconcentration of civilians, when such military objective is clearly separated from theconcentration of civilians and all feasible precautions are taken with a view to limiting the369 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 2(1) (“It is prohibited in all circumstances to make thecivilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.”).370 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 2(4) (“It is prohibited to make forests or other kinds of plantcover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal orcamouflage combatants or other military objectives, or are themselves military objectives.”).371 Refer to § 5.12 (Proportionality in Conducting Attacks).372 Refer to § 5.11 (Feasible Precautions in Conducting Attacks to Reduce the Risk of Harm to Protected Persons andObjects).373 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 1(2) (“A ‘concentration of civilians’ means any concentrationof civilians, be it permanent or temporary, such as in inhabited parts of cities, or inhabited towns or villages, or as incamps or columns of refugees or evacuees, or groups of nomads.”).374 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 2(2) (“It is prohibited in all circumstances to make anymilitary objective located within a concentration of civilians the object of attack by air-delivered incendiaryweapons.”).385

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

Saved successfully!

Ooh no, something went wrong!