القاعدة ذات الصلة
Israel
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
Section A. The principle of distinction
With reference to Israel’s Law of War Booklet (1986), the Report on the Practice of Israel states: “In principle, the IDF (Israel Defense Forces) accepts and applies the principle of distinction.”
Report on the Practice of Israel, 1997, Chapter 1.1, referring to Conduct in the Battlefield in Accordance with the Law of War, Israel Defense Forces, 1986, Chapter 1.
Israel’s Manual on the Rules of Warfare (2006) states that “a distinction has to be made between combatants and non-combatants”.
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 29.
The manual further states: “A separation must be maintained between combatants and civilians.”
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 49.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
In its judgment in Physicians for Human Rights v. Prime Minister of Israel in 2009 concerning the humanitarian situation in the Gaza Strip consequent to the start of Israeli military operations (“Cast Lead”) there in December 2008, Israel’s High Court of Justice stated: “One of the fundamental principles of international humanitarian law is the principle that distinguishes combatants and military targets from civilians and civilian targets, and grants protection to the latter.”
Israel, High Court of Justice, Physicians for Human Rights v. Prime Minister of Israel, Judgment, 19 January 2009, § 21.
In 2008, in a background paper on Israel’s operations in Gaza, Israel’s Ministry of Foreign Affairs stated: “A core principle of the law of armed conflict is the ‘principle of distinction’ – the obligation to ensure at all times that a distinction is made between combatants and civilians.”
Israel, Ministry of Foreign Affairs, background paper, Responding to Hamas Attacks from Gaza: Issues of Proportionality, December 2008, § 1.
In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated:
The first core principle of the Law of Armed Conflict, as reflected both in treaty law and in customary international law, is that “the Parties to the conflict shall at all times distinguish between the civilian population and combatants … and accordingly shall direct their operations only against military objectives.” The principle imposes obligations on both parties to an armed conflict.
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 94.
In a footnote to paragraph 94, above, the report further stated that this principle is contained in:
[The 1977] Additional Protocol I, art. 48. Although the State of Israel is not a party to the Additional Protocols to the Geneva Conventions, it accepts that this provision, as with certain others addressing the principles of distinction and proportionality, accurately reflects customary international law. See Public Committee against Torture in Israel v. Government of Israel, HCJ 769/02 at § 20 (11 December 2005).
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 94, footnote.
The report also stated: “The principle of distinction imposes obligations on the conduct of all parties, including those controlling the territory where the hostilities take place.”
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 116.
