Background Briefing

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Relevant Legal Standards


Deliberately attacking civilian convoys and individual civilians is not only a violation of international humanitarian law, but it is also a war crime. Intentional attacks against non-combatants - including civilians - are prohibited by Common Article 3 to the Geneva conventions of 1949,2 as well as article 13(2) of Protocol II Additional to the Geneva Conventions of August 1949.3 Where aircraft make multiple attack passes over a civilian convoy, or convoys are subjected to prolonged attack by ground troops, the most plausible inference is that such attacks are intentional and with the likely knowledge of the predominantly civilian character of the convoy. Customary international law requires that any attacks discriminate between the civilians and military objects and that foreseeable injury to civilians be proportionate to the direct and concrete military advantage to be gained by the attack.4 Accordingly, the mere presence of rebel fighters in area through which a civilian convoy is passing does not necessarily justify an attack that poses foreseeable risk to a civilian convoy. In addition, Article 12 of Protocol II prohibits attacks on vehicles displaying the Red Cross symbol.5

 

Each of the incidents described below raises concerns that civilians may have been targeted intentionally or that the force used was not proportionate to the military advantage pursued, although in someof the examples the information available is not sufficient to make such a determination. Considering the number of incidents in Russian forces bombed or shelled fleeing civilians, these incidents warrant an investigation to determine whether the attack was conform international humanitarian law.

 



[2] Common Article 3 to the 1949 Geneva Conventions.

[3] Protocol II, Article 13(2).

[4]The relevant customary international law is codified in UN General Assembly Resolution 2444 “Respect for Human Rights in Armed Conflict,” (December 19, 1968). For a discussion of the principles of proportionality and discrimination see Chapter on Legal Standards.

[5] For more information on medical neutrality see Chapter on Violations of Medical Neutrality.


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