Practice Relating to Rule 14. Proportionality in Attack
Ireland’s Geneva Conventions Act (1962), as amended 1998, provides that grave breaches of the 1977 Additional Protocol I are punishable offences.
The Act adds that any “minor breach” of the 1977 Additional Protocol I, including violations of Article 51(5)(b), is also a punishable offence.
Upon ratification of the 1977 Additional Protocol I, Ireland stated:
In relation to Article 51 to 58 inclusive, it is the understanding of Ireland that military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time.