Law of Armed Conflict - Treaty Laws

Additional Protocol I: Article 35 (1)

In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

Additional Protocol I: Article 35 (2)

It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

Additional Protocol I: Article 35 (3)

It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.

Additional Protocol I: Article 37 (1)

It is prohibited to kill, injure or capture an adversary by resort to perfidy.

The following acts are examples of perfidy:

(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

(b) the feigning of an incapacitation by wounds or sickness;

(c) the feigning of civilian, non-combatant status; and

(d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.

Additional Protocol I: Article 37 (2)

Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law.

The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.

Additional Protocol I: Article 48

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.

Additional Protocol I: Article 51 (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.

Additional Protocol I: Article 52 (1)

Civilian objects shall not be the object of attack or of reprisals.

Additional Protocol I: Article 52 (2)

Attacks shall be limited strictly to military objectives.

Additional Protocol I: Article 52 (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.

Additional Protocol I: Article 57 (1)

In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

Additional Protocol I: Article 57 (2) (b)

An attack shall be cancelled 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

Additional Protocol I: Article 1 (2)

In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.

Additional Protocol I: Article 38 (1)

It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

Customary IHL: Rule 14

Launching 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, is prohibited.

Customary IHL: Rule 6

Civilians are protected against attack, unless and for such time as they take a direct part in hostilities.