Rules of war, Distinguishing Civilians
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants.
Note: Practice related to situations of doubt as to the character of a person is included under Rule 6C.
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Additional Protocol I
Article 48 of the 1977 Additional Protocol I provides: “[T]he Parties to the conflict shall at all times distinguish between the civilian population and combatants.”
Additional Protocol II (draft)
Article 4(1) of the draft Additional Protocol II submitted by the ICRC to the CDDH provided: “In order to ensure respect for the civilian population, the parties to the conflict … shall make a distinction between the civilian population and combatants.”
Ottawa Convention on Anti-Personnel Mines
According to the preamble to the 1997 Ottawa Convention on Anti-Personnel Mines, States Parties based their agreement on various principles of IHL, including “the principle that a distinction must be made between civilians and combatants”.
Convention on Cluster Munitions
According to the preamble to the 2008 Convention on Cluster Munitions, States Parties based their agreement on the prohibition of the use, development, production, stockpiling, retention or transfer of cluster munitions on various principles of IHL, including “the rule[…] that the parties to a conflict shall at all times distinguish between the civilian population and combatants”.
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Lieber Code
Article 22 of the 1863 Lieber Code states: “[A]s civilization has advanced during the last centuries, so has likewise steadily advanced, especially in war on land, the distinction between the private individual belonging to a hostile country and the hostile country itself, with its men in arms.”
Oxford Manual
Article 1 of the 1880 Oxford Manual provides: “The state of war does not admit of acts of violence, save between the armed forces of belligerent States. Persons not forming part of a belligerent armed force should abstain from such acts.”
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 6 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that hostilities be conducted in accordance with Article 48 of the 1977 Additional Protocol I.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.5 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that hostilities be conducted in accordance with Article 48 of the 1977 Additional Protocol I.
San Remo Manual
Paragraph 39 of the 1994 San Remo Manual states: “Parties to the conflict shall at all times distinguish between civilians or other protected persons and combatants.”
UN Secretary-General’s Bulletin
Section 5.1 of the 1999 UN Secretary-General’s Bulletin states: “The United Nations force shall make a clear distinction at all times between civilians and combatants …”.
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The US Naval Handbook (1995) states: “The law of armed conflicts is based largely on the distinction to be made between combatants and noncombatants.”
United States of America
The US Air Force Pamphlet (1976) states: “In order to insure respect and protection for the civilian population and civilian objects, the parties to the conflict must at all times distinguish between the civilian population and combatants.” The US Naval Handbook (1995) states: “The law of armed conflicts is based largely on the distinction to be made between combatants and noncombatants.”
The US Naval Handbook (2007) states: “The principle of distinction is concerned with distinguishing combatants from civilians and military objects from civilian objects so as to minimize damage to civilians and civilian objects
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