Related Rule
Serbia and Montenegro
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
In its oral pleadings before the ICJ in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) in 2006, Serbia and Montenegro noted:
As for the events in Srebrenica in July 1995, it was never denied before the Tribunal for the former Yugoslavia that the men killed were of military age. However, no one knows and no one has ever sought to determine the number of soldiers in the column which left Srebrenica. No one knows and no one has ever sought to determine how many men were killed in combat. These questions have to be answered before the act can be given legal characterization. The killing of men in combat in wartime is not a criminal act; unfortunately, it is the legitimate aim of the military operation. 
Serbia and Montenegro, Oral pleadings before the ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro), 4 May 2006, Verbatim Record CR 2006/42, p. 29, § 58.