Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
Section A. Distinction from the civilian population
Argentina’s Law of War Manual (1989) states:
In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack.
Upon accession to the 1977 Additional Protocol I, Argentina declared that Articles 44(2), 44(3) and 44(4) of the 1977 Additional Protocol I could not be interpreted:
a) as conferring on persons who violate the rules of international law applicable in armed conflicts any kind of immunity exempting them from the system of sanctions which apply to each case;
b) as specifically favouring anyone who violates the rules the aim of which is the distinction between combatants and the civilian population;
c) as weakening respect for the fundamental principle of the international law of war which requires that a distinction be made between combatants and the civilian population, with the prime purpose of protecting the latter.