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Germany
Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Section B. Attacks against military objectives
Germany’s Military Manual (1992) provides: “Attacks, i.e. any acts of violence against the adversary, whether in offence or in defence …, shall be limited exclusively to military objectives.”
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 441.
Germany’s Soldiers’ Manual (2006) states: “Combat operations may only be directed against the armed forces of the enemy and other military objectives, not however against the civilian population or civilian objects.”
Germany, Druckschrift Einsatz Nr. 03, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, Erarbeitet nach ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, DSK SF009320187, Bundesministerium der Verteidigung, R II 3, August 2006, p. 3.
In 2009, in reply to a Minor Interpellation in the Bundestag (Lower House of Parliament) titled “Investigation of serious violations of international humanitarian law in the recent Gaza war”, Germany’s Federal Government wrote:
17. Given that armed Palestinian groups and their legitimate military objectives are often placed in such populated areas, does the Federal Government consider that it can be justified under international law to subject these populated areas to massive fire even if it can be expected that a large number of injuries and deaths will be caused and will mostly affect the civilian population?
If so, how does the Federal Government justify that such a use of weapons complies with international law?
Under international humanitarian law, attacks must be limited to military objectives.
Germany, Lower House of Federal Parliament (Bundestag), Reply by the Federal Government to the Minor Interpellation by the Members Winfried Nachtwei, Kerstin Müller (Cologne), Jürgen Trittin, other Members and the Parliamentary Group BÜNDNIS 90/DIE GRÜNEN, BT-Drs. 16/12673, 20 April 2009, p. 7.
