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Chapter 6 - Precautions against the Effects of Attacks (Rules 22–24)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Rule 22. The parties to the conflict must take all feasible precautions to protect the civilian population and civilian objects under their control against the effects of attacks.

Practice

Volume II, Chapter 6, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. This is a basic rule to which more content is given by the specific obligations contained in Rules 23–24. The practice collected in terms of those specific obligations is also relevant to prove the existence of this rule and vice versa.

International armed conflicts

The duty of each party to the conflict to take all feasible precautions to protect the civilian population and civilian objects under its control against the effects of attacks is set forth in Article 58(c) of Additional Protocol I, to which no reservations have been made.

Numerous military manuals restate the duty of parties to the conflict to take all feasible precautions to protect the civilian population and civilian objects under their control against the effects of attacks. This obligation is supported by official statements and reported practice. This practice includes that of States not, or not at the time, party to Additional Protocol I.

Non-international armed conflicts

The obligation to take all feasible precautions to protect the civilian population and civilian objects against the effects of attacks was included in the draft of Additional Protocol II but was dropped at the last moment as part of a package aimed at the adoption of a simplified text.

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Information
Publisher: Cambridge University Press
Print publication year: 2005

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