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The Practical Guide to

Humanitarian Law
« Calling things by the wrong name adds to the affliction of the
world. » Albert Camus.
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4. Family (10)
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11. Missing persons and the dead (6)
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13. Occupation (17)
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15. Population displacement (15)
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21. Sanctions (26)
 22. United Nations (UN) (27)
23. Violations of law (24)
24. War (42)
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Index
1. Alias
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3. International conventions
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1. Authors and participants

Protected Objects and Property

International humanitarian law establishes provisions for the general
protection of civilian objects and property. It forbids attacks, reprisals, or
other acts of violence against such objects, in both internal and
international conflicts.
International humanitarian law also sets forth certain more specific rules to
reinforce the protection of some of these objects. This specific protection is
sometimes linked to the fact that the objects in question carry a distinctive
emblem that is protected under humanitarian law. This protection is
covered by the provisions of humanitarian law conventions applicable to
international and non-international armed conflicts. The study on the rules
of customary international humanitarian law published by the ICRC in 2005
(customary IHL study), have recognized that these rules are equally binding
in international and non-international armed conflicts (except in rare
exceptions). Thus, these rules are binding on all parties to the conflict, even
those who have not or cannot sign the conventions, such as non-state armed
groups.
This strengthened protection concerns objects such as:
 medical units, vehicles, and other transport (API Arts. 12, 21; APII Art. 11;
Rules 28 and 29 of the customary IHL study);
 cultural objects and places of worship (API Art. 53, APII Art. 16, and Rules
38–41);
 protection of objects indispensable to the survival of the civilian population
(API Art. 54, APII Art. 14, Rule 54);
 natural environment (API Art. 55, Rules 43–45);
 works and installations containing dangerous forces (API Art. 56, APII Art.
15, and Rule 42);
 non-defended localities (API Art. 59, Rule 37);
  demilitarized zones (API Art. 60, Rule 36).

Civilian Objects
Civilian objects are defined as all objects that are not military objectives.
Military objectives are limited to objects that, by their nature, location,
purpose, or use, make an effective contribution to military action and whose
total or partial destruction, capture, or neutralization offers a definite
military advantage. In case of doubt concerning an object normally used for
civilian purposes—such as a place of worship, a house or other dwelling, or
a school—the parties to a conflict must presume that such an object is not
being used for military purposes (API Art. 52). Rule 9 of the customary IHL
study recalls that civilian objects are “all objects that are not military
objectives,” while Rule 10 recalls that civilian objects are protected against
attack, “unless and for such time as they are military objectives.” Those
rules are applicable in international and non-international armed conflicts.
Humanitarian law prohibits acts of violence, attacks, and reprisals against
civilian objects. Attacks that strike both military objectives and civilian
objects indiscriminately are forbidden, as are those whose primary purpose
is to spread terror among the civilian population (API Art. 51).
Humanitarian law establishes specific precautions that must be taken to
limit the effects of attacks on civilian objects and populations (API Arts. 57,
58). Military commanders have the obligation to ensure that these measures
are implemented.
Rule 7 of the customary IHL study provides that the parties to the conflict
must at all times distinguish between civilian objects (protected objects)
and military objectives. It also recalls that attacks may only be directed
against military objectives and that they must not be directed against
civilian objects. This rule of customary law is applicable in international and
non-international armed conflicts.
Whereas requisition is allowed under certain conditions, pillage is strictly
prohibited (GCIV Art. 33, APII Art. 4.2.g). Furthermore, extensive
destruction and appropriation of property that is not justified by military
necessity is considered a grave breach of the Geneva Conventions (GCI Art.
50, GCII Art. 51, GCIII Art. 130, and GCIV Art. 147).
This protection is complemented by a corollary obligation that armed forces
shall not use goods or persons in order 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”
(API Art. 51.7). The Conventions further specify that medical units must
under no circumstances be used to shield military objectives from attacks
(API Art. 12). This specific protection granted to medical units is further
developed in the entry on ▸ Medical services .
Humanitarian and relief organizations have the duty to ensure that relief
supplies are not diverted and used for military purposes. Otherwise, such
organizations risk losing the protection to which they are entitled under the
status of civilians and will be exposed to attacks.
▸ Attacks ▸ Methods (and Means) of warfare; ▸ Military
objectives ▸ Pillage ▸ Reprisals ▸ Requisition ▸ War ▸ War crimes/Crimes
against humanity

Cultural Objects and Places of Worship

International law protects the cultural and spiritual heritage of all peoples
(historic monuments, works of art, places of worship) through various
convetions and customary rules.
The Convention for the Protection of Cultural Property in the Event of
Armed Conflict was adopted under the aegis of the UN Educational,
Scientific, and Cultural Organization (UNESCO) on 14 May 1954,
specifically for this purpose. The Convention establishes precise rules for
the protection of such objects and for the role to be played by UNESCO in
this realm. This Convention was complemented by a Protocol for the
Protection of Cultural Property in the Event of Armed Conflict adopted in
The Hague on 14 May 1954. A Second Protocol to The Hague Convention of
1954 for the Protection of Cultural Property in the Event of Armed Conflict
was adopted in The Hague on 26 March 1999.
In cases of armed conflict, these cultural objects and places of worship must
be respected and safeguarded from the possible effects of war (API Arts. 53,
85.4.d, APII Art. 16) and their intentional attack constitutes a war crime.
Cultural property should be marked with a special distinctive emblem: a
shield consisting of a royal blue triangle above a royal blue square on a
white background. ▸ Distinctive (or protective) emblems, signs, and signals
Rule 38 of the customary IHL study provides that “each party to the conflict
must respect cultural property: a) Special care must be taken in military
operations to avoid damage to buildings dedicated to religion, art, science,
education or charitable purposes and historic monuments unless they are
military objectives and b) Property of great importance to the cultural
heritage of every people must not be the object of attack unless
imperatively required by military necessity.” Rule 39 states that “the use of
property of great importance to the cultural heritage of every people for
purposes which are likely to expose it to destruction or damage is
prohibited, unless imperatively required by military necessity.” Rule 40
recalls that “each party to the conflict must protect cultural property: a) All
seizure of or destruction or willful damage done to institutions dedicated to
religion, charity, education, the arts and sciences, historic monuments and
works of art and science is prohibited and b) Any form of theft, pillage or
misappropriation of, and any acts of vandalism directed against, property of
great importance to the cultural heritage of every people is prohibited.”
Those rules are applicable in international and non-international armed
conflicts. Finally, Rule 41 states that “the occupying power must prevent
the illicit export of cultural property from occupied territory and must
return illicitly exported property to the competent authorities of the
occupied territory”; this rule is only applicable in international armed
conflicts.

Enemy Property
This term describes military objectives and civilian objects belonging to the
enemy. Civilian objects remain entitled to protection at all times. Such
objects may not be used for military purposes or selected as a military
objective and, furthermore, must be specifically protected in the case of an
attack on nearby military objectives. ▸ Attacks

Objects Indispensable to the Survival of

the Civilian Population
Food products, agricultural areas for the production of foodstuffs, crops,
livestock, drinking water installations and supplies, and irrigation works are
considered by humanitarian law as goods that are essential to the survival
of the civilian population and are protected as such. This is tied to the fact
that humanitarian law strictly prohibits the starvation of civilians as a
method of warfare (API Art. 54, APII Art. 14) as well as any use of terror
against them. ▸ Methods (and means) of warfare
Two provisions are meant to ensure the protection of such goods:
 It is prohibited to attack, destroy, remove, or render such goods useless, for
the specific purpose of depriving the civilian population of these objects (API
Art. 54.2, APII Art. 14, Rule 54 of the customary IHL study).
This prohibition does not apply if the objects are used by a party to the
conflict as sustenance solely for the members of its armed forces, or in the
case of imperative military necessity. If the objects are used in direct
support of military action, they may be attacked, provided that in no event
shall such actions result in the starvation of the civilian population or force
its displacement (API Art. 54.3, APII Art. 14).
 It is forbidden to prevent such goods from being supplied or to hinder relief
operations delivering such supplies (API Art. 70; APII Art. 18; Rule 55 of the
customary IHL study). Furthermore, these objects must not be made the
object of reprisals (API Art. 54.4).
International humanitarian law establishes that, if the civilian population is
suffering undue hardship owing to a lack of supplies essential to its survival,
such as foodstuffs and medical supplies, relief societies are entitled to
undertake relief actions for the civilian population (APII Art. 18). The list of
essential supplies that must be provided is longer in the case of
international armed conflicts than internal ones (API Arts. 69, 70).
The fact of intentionally depriving civilians of such goods is a war crime in
international armed conflict.
The occupying or detaining power has the obligation to ensure that such
relief and supplies are provided to the persons who find themselves under
its authority due to situations of occupation, detention, or internment (GCIV
Arts. 55, 60, and 81). Furthermore, such persons have the right to receive
individual parcels or collective shipments containing relief or other
supplies, whether they are in occupied territory or interned (GCIV Arts. 62,
63, and 108–111).
It is forbidden to prevent relief organizations from delivering supplies to
civilian populations suffering from undue hardship caused by the lack of
adequate food products and medical supplies, whether the hardship is due
to the conflict in general (API Art. 70, APII Article 18; Rule 55) or because
the civilians are in occupied or besieged territory (GCIV Arts. 59, 17, and
23).
The parties to the conflict have the obligation to protect relief consignments
and facilitate their rapid distribution. They only have the right to set the
technical conditions under which such passage is permitted and to request
guarantees of supervision over the distribution of the relief to the civilian
population (API Art. 70.3).
The free passage of objects indispensable to the survival of the civilian
population is thus guaranteed by international humanitarian law (GCIV
Arts. 59, 17, and 23; API Art. 70; APII Art. 18; Rule 55) and is linked to the
independent monitoring of distribution by the entity supplying the objects.
The list of supplies essential to the survival of the population includes not
only food and medical supplies, but also clothing, bedding, means of shelter,
objects necessary for religious worship, and any other indispensable objects
(API Art. 69).
▸ Assistance ▸ Relief ▸ Supplies

Natural Environment
Humanitarian law establishes specific provisions for the protection of the
natural environment. Thus, it is prohibited to employ methods or means of
warfare that are intended, or may be expected, to cause widespread, long-
term, and severe damage to the natural environment and that may threaten
the health or survival of the population (API Arts. 35.3, 55). This comes from
the principle that establishes that hostilities must not destroy objects that
are indispensable to the survival of the civilian population (APII Art. 14).
The Convention on the Prohibition of Military or Any Hostile use of
Environmental Modification Techniques, adopted under the aegis of the
United Nations on 10 December 1976 and ratified by seventy-six States,
also gives some specific provisions with regard to the protection of the
environment in time of conflict. Article 1 reads as follows: “Each State Party
to this Convention undertakes not to engage in military or any other hostile
use of environmental modification techniques having widespread, long-
lasting or severe effects as the means of destruction, damage or injury to
any other State Party.” This Convention was drafted after the Vietnam war,
during which the use of Napalm by the U.S. Army led to the destruction of a
great part of Vietnam’s natural environment.
The protection of the natural environment in time of conflict is also codified
in customary international humanitarian law. Rule 43 of the customary IHL
study gives the general principles on the conduct of hostilities that shall
apply to the natural environment:
1. No part of the natural environment may be attacked, unless it is a military
objective.
2. Destruction of any part of the natural environment is prohibited, unless
required by imperative military necessity.
3. Launching an attack against a military objective which may be expected to
cause incidental damage to the environment which would be excessive in
relation to the concrete and direct military advantage anticipated is
prohibited.
This rule is applicable in international and non-international armed
conflicts.
Rule 44 prescribes that “methods and means of warfare must be employed
with due regard to the protection and preservation of the natural
environment. In the conduct of military operations, all feasible precautions
must be taken to avoid, and in any event to minimize, incidental damage to
the environment. Lack of scientific certainty as to the effects on the
environment of certain military operations does not absolve a party to the
conflict from taking such precautions”; while Rule 45 states that the use of
methods or means of warfare that are “intended, or may be expected, to
cause widespread, long-term and severe damage to the natural environment
is prohibited. Destruction of the natural environment may not be used as a
weapon.” Those two latter rules are applicable in international armed
conflicts. Their customary character has not yet been established in non-
international armed conflicts.
The protection of the environment is intimately linked with the protection of
water resources and water installations. Indeed, water is often used as a
target in armed conflicts, in order to displace or starve the civilian
population. This is why water supply and repair of water conveyance
systems are often one of the primary tasks undertaken by humanitarian
organizations during armed conflicts, notably in refugee camps and IDP
camps. As to the protection of water in armed conflicts, humanitarian law
does not provide a specific regime of protection. Nonetheless, water is a
protected civilian object, as it is indispensable for the survival of the civilian
population. As such, attacks against water resources and water installations
are prohibited.

Works and Installations Containing

Dangerous Forces
Works or installations containing dangerous forces (namely, dams, dikes,
and nuclear electricity-generating stations)—as well as other military
objectives located at or in the vicinity of these works—must not be targets
of attack. This applies “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” (API Art. 56, APII Art. 15).
The few derogations that are allowed are strictly regulated:
The special protection against attack . . . shall cease
1. for a dam or a dyke 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;
2. 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;
3. 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. (API Art. 56.2)
Furthermore, these works or installations should be marked with a
distinctive emblem consisting of a group of three bright orange circles
placed on the same axis (API Art. 56.7; API Annex I, Art. 16).
Rule 42 of the customary IHL study prescribes that “particular care must be
taken if works and installations containing dangerous forces, namely dams,
dykes and nuclear electrical generating stations, and other installations
located at or in their vicinity are attacked, in order to avoid the release of
dangerous forces and consequent severe losses among the civilian
population.” This rule is applicable in international and non-international
armed conflicts.
The Statute of the International Criminal Court (ICC) was adopted on 17
July 1998 and entered into force on 1 July 2002. Article 8 of the Statute
defines the war crimes over which the Court has jurisdiction, once the
conditions required to trigger the exercise of its jurisdiction have been met.
Whether committed during an international or internal armed conflict, these
war crimes include:
 deliberately launching attacks against civilian objects;
 intentionally directing attacks against installations, material, units, or
vehicles involved in a humanitarian assistance or peacekeeping mission, as
long as they are entitled to the protection given to civilians or civilian
objects under the international law of armed conflict;
 deliberately directing attacks against medical installations and material;
 launching attacks in the knowledge that such attacks may cause widespread,
long-term, and severe damage to the natural environment, and would be
clearly excessive in relation to the concrete and direct overall military
advantage anticipated;
 attacking or bombarding towns, villages, dwellings, or buildings that are
undefended and are not military objectives;
 intentionally directing attacks against buildings dedicated to religion,
education, art, science, or charitable purposes, as well as historic
monuments, hospitals, and places where the sick and wounded are gathered,
provided that such building are not being used for military purposes.
▸ Attacks ▸ Civilians ▸ Distinctive (or protective) emblems, signs, and
signals ▸ Famine ▸ Food ▸ International Criminal Court ▸ Medical
services ▸ Methods (and means) of warfare ▸ Military
objectives ▸ Population displacement ▸ Proportionality ▸ Protected
persons ▸ Relief ▸ Reprisals
For Additional Information: Amnesty International. “Collateral Damage”
or Unlawful Killings? Violations of the Laws of War by NATO during
Operation Allied Force . Available
at [Link] .
Antoine, Philippe. “International Humanitarian Law and the Protection of
the Environment in Time of Armed Conflict.” International Review of the
Red Cross 291 (November–December 1992): 517–37.
Dinstein, Yoram. The Conduct of Hostilities under the Law of International
Armed Conflict . Cambridge: Cambridge University Press, 2004.
“Environment.” International Review of the Red Cross 879 (September
2010): 541–835.
Henckaerts, Jean-Marie, and Louise Doswald-Beck, eds. Customary
International Law . Vol. 1, The Rules . Cambridge: Cambridge University
Press, 2005, part 2.
ICTY. Final Report to the Prosecutor by the Committee Established to
Review the NATO Bombing Campaign against the Federal Republic of
Yugoslavia . Available at [Link] .
Oeter, Stefan. “Protection of Civilians Objects.” In The Handbook of
Humanitarian Law in Armed Conflicts , edited by Dieter Fleck, 169–93.
Oxford: Oxford University Press, 1995.
Partsch, Karl Josef. “Protection of Cultural Property.” In The Handbook of
Humanitarian Law in Armed Conflicts , edited by Dieter Fleck, 377–404.
Oxford: Oxford University Press, 1995.
Tignino, Mara. “Water, International Peace and Security.” International
Review of the Red Cross 879 (September 2010): 647–74.
Toman, Jiri. The Protection of Cultural Property in the Event of Armed
Conflict . Paris: UNESCO, 1996.
Wyatt, Julian. “Law-Making at the Intersection of International
Environmental, Humanitarian and Criminal Law: The Issue of Damage to
the Environment in International Armed Conflict.” International Review of
the Red Cross 879 (September 2010): 593–646.
Article also referenced in the 6 following categories :
 Food (9)
 Humanitarian law (46)
 Occupation (17)
 Protection (33)
 Relief (26)
 War (42)
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