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Published online by Cambridge University Press: 27 February 2017
1 Reprinted in 16 ILM 1391 (1977).
2 It would seem that the Diplomatic Conference that drafted the 1977 protocols, with one notable exception, spent by far the greater part of its time in ensuring the continued existence of, and in enlarging upon, the principle of distinction. The exception is the protection it granted to members of national liberation movements, an action that definitely blurs the distinction between combatant and civilian (pp. 20-41).
3 Reproduced at p. 173.
4 In view of the position thus taken by the author, it is somewhat strange to find that in a later discussion (at p. 152) he states that “Protocol II lacks specific treaty rules bearing on indiscriminate attacks other than terror attacks—particularly a ban on target area bombing.”
5 Reproduced at p. 173.