Protocol 1
Additional to the Geneva Conventions, 1977
Principles of the Nuremberg
Tribunal, 1950
The Charter of the United
Nations
excerpted from the book
War Crimes
A report on United States
War Crimes against Iraq
by Ramsey Clark and others
Report to the Commission
of Inquiry for the International War Crimes Tribunal
Maisonneuve Press, 1992
p211
Protocol 1
Additional to the Geneva Conventions, 1977
PART IV: CIVILIAN POPULATION
Section 1: General Protection Against
Effects of Hostilitles
Chapter I: Basic Rule and Field of Application
Article 48: Basic Rule
In order to ensure respect for and protection
of the civilian population and civilian objects, the Parties to
the conflict shall at all times distinguish between the civilian
population and combatants and between civilian objects and military
objectives and accordingly shall direct their operations only
against military objectives.
Article 49: Definition of Attacks and
Scope of Application
1. "Attacks" means acts of violence
against the adversary, whether in offense or in defense.
2. The provisions of this Protocol with
respect to attacks apply to all attacks in whatever territory
conducted, including the national territory belonging to a Party
to the conflict but under the control of an adverse Party.
3. The provisions of this Section apply
to any land, air or sea warfare which may affect the civilian
population, individual civilians or civilian objects on land.
They further apply to all attacks from the sea or from the air
against objectives on land but do not otherwise affect the rules
of international law applicable in armed conflict at sea or in
the air.
4. The provisions of this Section are
additional to the rules concerning humanitarian protection contained
in the Fourth Convention, particularly in Part II thereof, and
in other international agreements binding upon the High Contracting
Parties, as well as to other rules of international law relating
to the protection of civilians and civilian objects on land, at
sea or in the air against the effects of hostilities.
Chapter II: Civilians and Civilian Population
Article 50: Definition of Civilians and
Civilian Population
1. A civilian is any person who does not
belong to one of the categories of persons referred to in Article
4 A (1), (I), (3) and (6) of the Third Convention and in Article
43 of this Protocol. In case of doubt whether a person is a civilian,
that person shall be considered to be a civilian.
2. The civilian population comprises all
persons who are civilians.
3. The presence within the civilian population
of individuals who do not come within the definition of civilians
does not deprive the population of its civilian character.
Article 51: Protection of the Civilian
Population
1. The civilian population and individual
civilians shall enjoy general protection against dangers arising
from military operations. To give effect to this protection, the
following rules, which are additional to other applicable rules
of international law, shall be observed in all circumstances.
2. The civilian population as such, as
well as individual civilians, shall not be the object of attack.
Acts or threats of violence the primary purpose of which is to
spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection
afforded by this Section, unless and for such time as they take
a direct part in hostilities.
4. Indiscriminate attacks are prohibited.
Indiscriminate attacks are:
a) those which are not directed at a specific
military objective; b) those which employ a method or means of
combat which cannot be directed at a specific military objective;
or c) those which employ a method or means of combat the effects
of which cannot be limited as required by this Protocol; and consequently,
in each such case, are of a nature to strike military objectives
and civilians or civilian objects without distinction.
5. Among others, the following types of
attacks are to be considered as indiscriminate:
a) an attack by bombardment by any methods
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; and b) 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.
6. Attacks against the civilian population
or civilians by way of reprisals are prohibited.
7. The presence or movements of the civilian
population or individual civilians shall not be used to render
certain points or areas immune from military operations, in particular
in attempts to shield military objectives from attacks or to shield,
favor or impede military operations. The Parties to the conflict
shall not direct the movement of the civilian population or individual
civilians in order to attempt to shield military objectives from
attacks or to shield military operations.
8. Any violation of these prohibitions
shall not release the Parties to the conflict from their legal
obligations with respect to the civilian population and civilians,
including the obligation to take the precautionary measures provided
for in Article 57.
Chapter m: Civilian Objects
Article 52: General Protection of Civilian
Objects
1. Civilian objects shall not be the object
of attack or of reprisals Civilian objects are all objects which
are not military objectives as defined m paragraph 2.
2. Attacks shall be limited strictly to
military objectives. 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 total or partial destruction, capture or neutralization,
in the circumstances ruling at the time, offers a definite military
advantage.
3. In case of doubt whether an object
which is normally dedicated to civilian purposes, such as a place
of worship, a house or other dwelling or a school, is being used
to make an effective contribution to military action, it shall
be presumed not to be so used. Article 53 Protection of cultural
objects and of places of worship without prejudice to the provisions
of the Hague Convention for the Protection of Cultural Property
in the Event of Armed Conflict of 14 May 1954, and of other relevant
international instruments, it is prohibited:
a) to commit any acts of hostility directed
against the historic monuments, works of art or places of worship
which constitute the cultural or spiritual heritage of peoples;
b) to use such objects in support of the military effort; c) to
make such objects the object of reprisals.
Article 54: Protection of Objects Indispensable
to the Survival of the Civilian Population
1. Starvation of civilians as a method
of warfare is prohibited.
2. It is prohibited to attack, destroy,
remove or render useless objects indispensable to the survival
of the civilian population, such as foodstuffs, agricultural areas
for the production of foodstuffs, crops, livestock, drinking water
installations and supplies and irrigation works, for the specific
purpose of denying them for their sustenance value to the civilian
population or to the adverse Party, whatever the motive, whether
in order to starve out civilians, to cause them to move away,
or for any other motive.
3. The prohibitions in paragraph 2 shall
not apply to such of the objects covered by it as are used by
an adverse Party:
a) as sustenance solely for the members
of its armed forces; or b) if not as sustenance, then in direct
support of military action, provided, however, that in no event
shall actions against these objects be taken which may be expected
to leave the civilian population with such inadequate food or
water as to cause its starvation or force its movement. 4. These
objects shall not be made the object of reprisals.
5. In recognition of the vital requirements
of any Party to the conflict in the defense of its national territory
against invasion, derogation from the prohibitions contained in
paragraph 2 may be made by a Party to the conflict within such
territory under its own control where required by imperative military
necessity.
Article 55: Protection of the Natural
Environment
1. Care shall be taken in warfare to protect
the natural environment against widespread, long-term and severe
damage. This protection includes a prohibition of the use of methods
or means of warfare which are intended or may be expected to cause
such damage to the natural environment and thereby to prejudice
the health or survival of the population.
2. Attacks against the natural environment
by way of reprisals are prohibited.
Article 56: Protection of Works and Installations
Containing Dangerous Forces
1. Works or installations containing dangerous
forces, namely dams, dikes and nuclear electrical generating stations,
shall not be made the object of attack, even where these objects
are military objectives, if such attack may cause the release
of dangerous forces and consequent severe losses among the civilian
population. Other military objectives located at or in the vicinity
of these works or installations shall not be made the object of
attack if such attack may cause the release of dangerous forces
from the works or installations and consequent severe losses among
the civilian population.
2. The special protection against attack
provided by paragraph I shall cease:
(a) for a dam or a dike only if it is
used for other than its normal function and in regular, significant
and direct support of military operations and if such attack is
the only feasible way to terminate such support;
b) for a nuclear electrical generating
station only if it provides electric power in regular, significant
and direct support of military operations and if such attack is
the only feasible way to terminate such support;
c) for other military objectives located
at or in the vicinity of these works or installations only if
they are used in regular, significant and direct support of military
operations and if such attack is the only feasible way to terminate
such support.
3. In all cases, the civilian population
and individual civilians shall remain entitled to all the protection
accorded them by international law, including the protection of
the precautionary measures provided for in Article 57. If the
protection ceases and any of the works, installations or military
objectives mentioned in paragraph 1 is attacked, all practical
precautions shall be taken to avoid the release of the dangerous
forces.
4. It is prohibited to make any of the
works, installations or military objectives mentioned in paragraph
1 the object of reprisals.
5. The Parties to the conflict shall endeavor
to avoid locating any military objectives in the vicinity of the
works or installations mentioned in paragraph 1. Nevertheless,
installations erected for the sole purpose of defending the protected
works or installations from attack are permissible and shall not
themselves be made the object of attack, provided that they are
not used in hostilities except for defensive actions necessary
to respond to attacks against the protected works or installations
and that their armament is limited to weapons capable only of
repelling hostile action against the protected works or installations.
6. The High Contracting Parties and the
Parties to the conflict are urged to conclude further agreements
among themselves to provide additional protection for objects
containing dangerous forces.
7. In order to facilitate the identification
of the objects protected by this Article, the Parties to the conflict
may mark them with a special sign consisting of a group of three
bright orange circles placed on the same axis, as specified in
Article 16 of Annex I to this Protocol. The absence of such marking
in no way relieves any Party to the conflict of its obligations
under this Article.
Chapter IV: Precautionary Measures
Article 57: Precautions in Attack
1. In the conduct of military operations,
constant care shall be taken to spare the civilian population,
civilians and civilian objects.
2. With respect to attacks, the following
precautions shall be taken:
a) those who plan or decide upon an attack
shall:
(i) do everything feasible to verify that the objectives to be
attacked are neither civilians nor civilian objects and are not
subject to special protection but are military objectives within
the meaning of paragraph 2 of Article 52 and that it is not prohibited
by the provisions of this Protocol to attack them;
(ii) take all feasible precautions in the choice of means and
methods of attack with a view to avoiding, and in any event to
minimizing, incidental loss of civilian life, injury to civilians
and damage to civilian objects;
(iii) refrain from deciding to launch any 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;
(b) an attack shall be canceled or suspended
if it becomes apparent that the objective is not a military one
or is subject to special protection 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;
(c) effective advance warning shall be
given of attacks which may affect the civilian population, unless
circumstances do not permit.
3. When a choice is possible between several
military objectives for obtaining a similar military advantage,
the objective to be selected shall be that the attack on which
may be expected to cause the least danger to civilian lives and
to civilian objects.
4. In the conduct of military operations
at sea or in the air, each Party to the conflict shall, in conformity
with its rights and duties under the rules of international law
applicable in armed conflict, take all reasonable precautions
to avoid losses of civilian lives and damage to civilian objects.
5. No provision of this article may be
construed as authorizing any attacks against the civilian population,
civilians or civilian objects.
p217
Principles of the Nuremberg
Tribunal, 1950
No. 82
Principles of International Law Recognized
in the Charter of the Nuremberg Tribunal and in the Judgment of
the Tribunal. Adopted by the International Law Commission of the
United Nations, 1950.
Introductory note: Under General Assembly
Resolution 177 (II), paragraph la), the International Law Commission
was directed to "formulate the principles of international
law recognized in the Charter of the Nuremberg Tribunal and in
the judgment of the Tribunal." In the course of the consideration
of this subject, the question arose as to whether or not the Commission
should ascertain to what extent the principles contained in the
Charter and judgment constituted principles of international law.
The conclusion was that since the Nuremberg Principles had been
affirmed by the General Assembly, the task entrusted to the Commission
was not to express any appreciation of these principles as principles
of international law but merely to formulate them. The text below
was adopted by the Commission at its second session. The Report
of the Commission also contains commentaries on the principles
(see Yearbook of the International Law Commission, 1950, Vol.
II, pp. 374-378).
Authentic text: English
Text published in Report of the International
Law Commission Covering its Second Session, 5 June-29 July 1950,
Document A/1316, pp. 11-14.
Principle I
Any person who commits an act which constitutes
a crime under international law is responsible therefor and liable
to punishment.
Principle II
The fact that internal law does not impose
a penalty for an act which constitutes a crime under international
law does not relieve the person who committed the act from responsibility
under international law.
Principle III
The fact that a person who committed an
act which constitutes a crime under international law acted as
Head of State or responsible Government official does not relieve
him from responsibility under international law.
Principle IV
The fact that a person acted pursuant
to order of his Government or of a superior does not relieve him
from responsibility under international law, provided a moral
choice was in fact possible to him.
Principle V
Any person charged with a crime under
international law has the right to a fair trial on the facts and
law.
Principle Vl
The crimes hereinafter set out are punishable
as crimes under international law:
(a) Crimes against peace:
(i) Planning, preparation, initiation
or waging of a war of aggression or a war in violation of international
treaties, agreements or assurances; ii) Participation in a common
plan or conspiracy for the accomplishment of any of the acts mentioned
under (i).
(b) War crimes:
Violations of the laws or customs of war
which include, but are not limited to, murder, ill-treatment or
deportation to slave-labor or for any other purpose of civilian
population of or in occupied territory, murder or ill-treatment
of prisoners of war, of persons on the seas, killing of hostages
plunder of public or private property, wanton destruction of cities,
towns or villages, or devastation not justified by military necessity.
{c) Crimes against humanity:
Murder, extermination, enslavement, deportation
and other inhuman acts done against any civilian population, or
persecutions on political, racial or religious grounds, when such
acts are done or such persecutions are carried on in execution
of or in connection with any crime against peace or any war crime.
Principle VII
Complicity in the commission of a crime
against peace, a war crime or a crime against humanity as set
forth in Principles Vl is a crime under international law.
p219
The Charter of The United
Nations
WE THE PEOPLE OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold
sorrow to mankind, and
to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person, in the equal
rights of men and women, and of nations large and small, and
to establish conditions under which justice
and respect for the obligations arising from treaties and other
sources of international law can be maintained, and
to promote social progress and better
standards of life in larger freedom....
Article 2
The Organization and its Members, in pursuit
of the Purposes stated in Article 1, shall act in accordance with
the following Principles.
1. The Organization is based on the principle
of the sovereign equality of all its members....
3. All Members shall settle their international
disputes by peaceful means in such a manner that international
peace and security, and justice, are not endangered.
4. All Members shall refrain in their
international relations from the threat or use of force against
the territorial integrity or political independence of any state,
or in any other manner inconsistent with the Purposes of the United
Nations.
Chapter Vl: Pacific Settlement of Disputes
Article 33
1. The parties to any dispute, the continuance
of which is likely to endanger the maintenance of international
peace and security, shall, first of all, seek a solution by negotiation,
enquiry, mediation, conciliation, arbitration, judicial settlement,
resort to regional agencies or arrangements, or other peaceful
means of their own choice.
2. The Security Council shall, when it
deems necessity, call upon the parties to settle their disputes
by such means.
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