Spain
Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Spain’s LOAC Manual (1996) provides: “A fundamental element to be considered at all levels of planning, conduct and execution is the distinction between military objectives and non-military objectives.”
Spain’s LOAC Manual (2007) states that “a fundamental principle that must be taken into account at all levels of the planning, command and execution of military operations is the need to distinguish between military objectives and … civilian objects”.
Spain’s Royal Ordinances for the Armed Forces (2009) states: “In the conduct of any operation, [members of the armed forces] must take into account the principle of distinction … between civilian objects and military objectives in order to protect the civilian population.”
The Report on the Practice of Spain considers that the principle of distinction between military and non-military objectives is a fundamental principle which should be taken into consideration when planning, directing and executing a military attack.
In 2010, in its report to the UN General Assembly on the status of the 1977 Additional Protocols, Spain stated:
Article 85 entitled “Principle of Humanity”, contained in Title IV on Operations [of the Royal Ordinances for the Armed Forces (2009)] clearly embodies the spirit of the [1949] Geneva Convention and its [1977] Additional Protocols, as it provides that “[the] … conduct [of members of the armed forces] in any conflict or military operation must conform to the applicable rules of the international treaties on international humanitarian law to which Spain is a party”.
That is further developed in Chapter VI on Ethics in Operations, which goes into specific duties under international humanitarian law … the principle of the distinction … between civilian property and military targets.
Spain’s LOAC Manual (1996) provides: “Military operations shall be directed only against military objectives.”
Spain’s LOAC Manual (2007) states: “Military operations may only be directed against military objectives.”
In 2010, in the
Couso case, which concerned the killing of a Spanish journalist in Baghdad on 8 April 2003 by troops of the United States of America, the Criminal Chamber of Spain’s Supreme Court referred to norms of IHL relevant to the case under review, including Article 52(2) of the 1977 Additional Protocol I.
In 1993 and 1995, the Government of Spain made specific statements in connection with the armed conflicts in the Gulf and Bosnia and Herzegovina, endorsing the principle that attacks must be directed only against military objectives.
Spain’s LOAC Manual (1996) provides: “Civilian objects shall not be subjected to attacks.”
Spain’s LOAC Manual (2007) states: “Civilian objects must not be the object of attack.”
Spain’s Penal Code (1995) punishes
anyone who, during an armed conflict, … attacks … civilian objects of the adverse party causing their destruction, provided the objects do not, in the circumstances ruling at the time, offer a definite military advantage nor make an effective contribution to the military action of the adversary.
Spain’s Penal Code (1995), as amended in 2010, states:
1. Anyone who in the event of an armed conflict commits or orders to be committed any of the following acts shall be punished with four to six years’ imprisonment:
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d. Attacking, or making the object of … acts of hostility, … civilian objects of the adverse party, causing their destruction, provided that in the circumstances ruling at the time such property does not offer a definite military advantage nor makes an effective contribution to the military action of the adversary;
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2. … In all other cases mentioned in the above article, the higher sentence can be imposed when extensive and important destructions are caused to the property, objects or installations or [the acts] are of extreme gravity.
In 2010, in the
Couso case, which concerned the killing of a Spanish journalist in Baghdad on 8 April 2003 by troops of the United States of America, the Criminal Chamber of Spain’s Supreme Court referred to norms of IHL relevant to the case under review, including Article 57(5) of the 1977 Additional Protocol I.
Spain’s Penal Code (1995), as amended in 2010, states:
1. Anyone who in the event of an armed conflict commits or orders to be committed any of the following acts shall be punished with four to six years’ imprisonment:
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h. … [D]estroying non-military ships or aircraft and the cargo of an adverse or neutral party, or capturing them, in violation of international norms applicable to armed conflicts at sea;
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2. … In all other cases mentioned in the above article, the higher sentence can be imposed when extensive and important destructions are caused to the property, objects or installations or [the acts] are of extreme gravity.