Related Rule
South Africa
Practice Relating to Rule 8. Definition of Military Objectives
Section I. Presence of civilians within or near military objectives
South Africa’s LOAC Teaching Manual (2008) states:
Who are regarded as “Civilians”?
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- Civilian persons within a military objective or its immediate surroundings share the danger to which it is exposed.
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Basic Categories: Objects
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Important: a military objective remains a military objective even if civilian persons are present therein.
Civilian persons, medical personnel and chaplains present in a military object or in the immediate vicinity of such an object share the risk of possible attacks.
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Conclusion
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- The presence of military objectives within a civilian population does not deprive the population of its civilian character, but civilians in a military objective or its immediate surroundings are at risk.
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 52–54 and 56–57.
