Note: For practice concerning attacks against combatants, see Rule 1, Section B.
St. Petersburg Declaration
The preamble to the 1868 St. Petersburg Declaration states: “The only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy.”
Hague Rules of Air Warfare
According to Article 24(2) of the 1923 Hague Rules of Air Warfare, “military forces” are military objectives.
ILA Draft Convention for the Protection of Civilian Populations against New Engines of War
Article 5(1) of the 1938 ILA Draft Convention for the Protection of Civilian Populations against New Engines of War provides that “aerial bombardment is prohibited unless directed at combatant forces”.
New Delhi Draft Rules
Paragraph I(1) of the proposed annex to Article 7(2) of the 1956 New Delhi Draft Rules stated that “armed forces, including auxiliary or complementary organizations, and persons who, though not belonging to the above-mentioned formations, nevertheless take part in the fighting” are military objectives considered to be of “generally recognized military importance”.
Australia
Australia’s Defence Force Manual (1994) lists among military objectives “all persons taking a direct part in hostilities, whether military or civilian”.
Australia
Australia’s LOAC Manual (2006) states:
5.27 The term “military objective” includes combatant members of the enemy armed forces and their military weapons, vehicles, equipment and installations.
…
5.31 Military objectives may include a very wide range of persons, locations and objects. Some examples are:
…
• all persons taking a direct part in hostilities, whether military or civilian.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) considers combatants to be military objectives.
Benin
Benin’s Military Manual (1995) considers the armed forces, with the exception of medical and religious personnel and objects, to be military objectives.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that “civilians who take direct part in combat become military objectives”.
Cameroon
Cameroon’s Instructor’s Manual (1992) states that the armed forces are considered military objectives, with the exception of religious and medical personnel.
Cameroon
Cameroon’s Instructor’s Manual (2006) qualifies “Armed Forces (with the exception of religious and medical personnel)” as “military objectives”.
Canada
Canada’s LOAC Manual (1999) considers that combatants, airborne troops and unlawful combatants are “legitimate targets”.
Canada
Canada’s LOAC Manual (2001) states in its chapter on targeting:
406. Definition of legitimate targets
1. “Legitimate targets” include combatants, unlawful combatants and military objectives.
…
408. Combatants
1. Combatants are legitimate targets and may be attacked unless they have been captured, surrendered, expressed a clear intention to surrender, or are hors de combat (i.e., out of combat), provided they refrain from hostile acts and do not attempt to escape …
409. Airborne troops
1. Airborne troops are combatants and therefore legitimate targets. They may be attacked during their descent by parachute from aircraft.
410. Unlawful combatants
1. Unlawful combatants are legitimate targets for such time as they take a direct part in hostilities. Unlawful combatants include:
a. civilians (except those who are lawful combatants because they are participating in levée en masse);
b. mercenaries; and
c. spies.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 1 (Basic and team leader instruction): “The following are considered military objectives: … the armed forces, other than medical personnel”.
Chad
Chad’s Instructor’s Manual (2006) states that military objectives may include “members of the armed forces”.
Colombia
According to Colombia’s Instructors’ Manual (1999), combatants are military objectives.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
I.2 Military objectives
- Combatants.
In Book III, Volume 2 (Instruction of second-year trainee officers), the Teaching Manual provides:
II.1.1. Military objectives
Military objectives are:
- the armed forces with the exception of the medical service and religious personnel and objects.
Croatia
According to Croatia’s LOAC Compendium (1991), military objectives include the armed forces.
Dominican Republic
The Dominican Republic’s Military Manual (1980) states: “Under the laws of war, you are not allowed to attack villages, towns, or cities. However, when your mission requires, you are allowed to engage enemy troops, equipment, or supplies in a village, town or city.”
Ecuador
Ecuador’s Naval Manual (1989) provides that combatants and troop concentrations are military objectives.
Ethiopia
According to Ethiopia’s Standing Rules of Engagement (2007), “military objectives” include “regular members of the enemy army wearing a uniform”, “paramilitary forces and voluntary conscripts” and “identifiable armed rebel groups organized to bring down the constitutional order”.
France
According to France’s LOAC Summary Note (1992), combatants are military objectives.
Germany
Germany’s Military Manual (1992) provides that military objectives include, in particular, armed forces.
Hungary
According to Hungary’s Military Manual (1992), military objectives include the armed forces.
Ireland
Ireland’s Basic LOAC Guide (2005) states: “Military objectives … obviously include enemy soldiers and combatants”.
Israel
Israel’s Manual on the Laws of War (1998) states that “any soldier (male or female!) in the enemy’s army is a legitimate military target for attack, whether on the battlefield or outside of it”.
Israel
Israel’s Manual on the Rules of Warfare (2006) states:
The fundamental rule is that war should be conducted between armies and each army should only attack the army of the enemy. A military target is any target that, if attacked, would damage the military competence/fitness of the other side.
The manual further states: “Every soldier (including women soldiers!) in the enemy’s army is a legitimate military target to be attacked on and away from the battlefield.”
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s IHL Manual (1991) provides that the armed forces are military objectives.
Kenya
Kenya’s LOAC Manual (1997) provides that “the armed forces except medical service and religious personnel and objects” are military objectives.
Madagascar
According to Madagascar’s Military Manual (1994), military objectives include “armed forces, with the exception of medical units and religious personnel and objects”.
Mexico
Mexico’s IHL Guidelines (2009) states: “
Military objectives are: … the armed forces except for the medical service and religious personnel and objects.”
Netherlands
The Military Manual (1993) of the Netherlands notes that “combatants who are part of the armed forces” are military objectives “under all circumstances”.
Netherlands
The Military Manual (2005) of the Netherlands states that “the armed forces constitute a military objective”.
New Zealand
New Zealand’s Military Manual (1992) states that combatants are military objectives.
Nigeria
According to Nigeria’s Military Manual (1994) and Soldiers’ Code of Conduct, combatants are military objectives.
Peru
Peru’s IHL Manual (2004) states: “[Air] bombardment is legitimate only when directed exclusively against the following objectives: military forces … .”
Peru
Peru’s IHL and Human Rights Manual (2010) states: “[Air] bombardment is only legitimate when it is exclusively directed against the following objectives: military forces”.
Philippines
According to the Soldier’s Rules (1989) of the Philippines, enemy combatants are military objectives.
Republic of Korea
According to the Republic of Korea’s Military Law Manual (1996), combatants are military objectives.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states: “
military objectives include units of armed forces (personnel, weapons and military equipment), except for medical units and medical transports”.
South Africa
South Africa’s LOAC Manual (1996) states that military objectives include “the armed forces, with the exception of medical and religious personnel and objects”.
South Africa
South Africa’s Revised Civic Education Manual (2004) states that “military objectives” include “the armed forces, with the exception of medical and religious personnel”.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
Military objectives include the following
- The armed forces, except medical service and religious personnel and objects.
The manual also states:
Military objectives are combatants, and those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralisation offers a definite military advantage.
Spain
Spain’s LOAC Manual (1996) states that “the armed forces, except medical and religious personnel” are military objectives.
Spain
Spain’s LOAC Manual (2007) states that “the armed forces, except medical personnel, religious personnel and personnel engaged solely in civil defence tasks,” are military objectives.
The manual further states: “People that can be targeted as military objectives are all those who can be considered combatants.”
The manual also states that “combatants, including airborne troops during their descent” are military objectives.
Sweden
Sweden’s IHL Manual (1991) states: “Persons participating in hostilities … are thereby legitimate objectives.”
Switzerland
Switzerland’s Basic Military Manual (1987) considers that the armed forces are military objectives liable to attack.
Togo
Togo’s Military Manual (1996) considers the armed forces, with the exception of medical and religious personnel and objects, to be military objectives.
Ukraine
Ukraine’s IHL Manual (2004) states: “Using military violence against combatants in hostilities up to their destruction shall be considered lawful.”
The manual further states that “military objectives” include “military units (personnel, weaponry and materiel) with the exception of medical units, means of medical transportation, religious personnel and their equipment)”.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) states that military objectives include “concentrations of troops and individual enemy combatants”.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “The term “military objective” includes combatant members of the enemy armed forces and their military weapons, vehicles, equipment and installations.”
United States of America
The US Air Force Pamphlet (1976) considers that “troops in the field are military objectives beyond any dispute”.
United States of America
According to the US Naval Handbook (1995), combatants and troop concentrations are military objectives.
United States of America
The US Naval Handbook (2007) states: “Military objectives are combatants”.
The Handbook also states: “Proper objects of attack include, but are not limited to, such military objectives as … troop concentrations”.
United States of America
The US Manual for Military Commissions (2010), Part IV, Crimes and Elements, states that: “The term ‘military objective’ means – (A) combatants”.
Yugoslavia, Socialist Federal Republic of
According to the Socialist Federal Republic of Yugoslavia’s Military Manual (1988), the armed forces are a military objective.
The manual further specifies: “It is permitted to directly attack only members of the armed forces and other persons – only if they directly participate in military operations.”
Italy
Italy’s Law of War Decree (1938), as amended in 1992, provides that the armed forces are military objectives.
United States of America
The US Military Commissions Act (2009) amends Chapter 47A of Title 10 of the United States Code as follows:
“§ 950p. Definitions; construction of certain offenses; common circumstances
“(a) DEFINITIONS.—In this subchapter:
“(1) The term “military objective” means combatants.
Germany
In 2010, in the Fuel Tankers case, the Federal Prosecutor General at Germany’s Federal Court of Justice investigated whether war crimes or other crimes under domestic law had been committed in the course of an airstrike which was ordered by a colonel (Oberst) of the German armed forces against two tankers transporting fuel for the International Security Assistance Force in Afghanistan stolen by the Taliban near Kunduz and which resulted in the deaths of a number of civilians. The Federal Prosecutor General stated:
Pursuant to § 170 para. 2 StPO [Penal Procedure Code], the investigation proceedings which were initiated by the order of 12 March 2010 against Colonel (
Oberst) Klein and Company Sergeant Major (
Hauptfeldwebel) Wilhelm due to suspected offences under the VStGB [International Crimes Code] and other offences are to be terminated as a result of the investigations conducted and based on the sources of information set out hereafter and on the reasons given in detail hereafter.
The Federal Prosecutor General also stated:
The following is to be considered regarding the subjective element of § 11 (1) (3) VStGB [which states that carrying out an attack by military means and definitely anticipating that the attack will cause death or injury to civilians or damage to civilian objects on a scale out of proportion to the concrete and direct overall military advantage anticipated is a war crime in international and non-international armed conflict]:
aa)
Insurgents who continuously take part in the armed conflict, as the Taliban in this case, are not civilians but legitimate military objectives which may be lawfully attacked even outside of ongoing armed hostilities.
The Federal Prosecutor General further stated:
aa)
…
It is not questioned that the armed Taliban fighters who abducted the fuel tankers and who make up a significant part of the victims of the bombing were members of an organized armed group which is a party to the armed conflict. These fighters thus constitute a legitimate military objective whose “destruction” is legal within the limits of military necessity.
Switzerland
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated that “government troops, … , according to international humanitarian law, represent legitimate military objectives and may be attacked at any moment”.
United Kingdom of Great Britain and Northern Ireland
In 1991, in a report submitted to the UN Security Council on operations in the Gulf War, the United Kingdom stated that attacks had been directed against Iraq’s air force and land army.
United States of America
In 1950, the US Secretary of State stated: “The air activity of the United Nations forces in Korea has been, and is, directed solely at military targets of the invader. These targets [include] enemy troop concentrations.”
United States of America
In 1991, in a report submitted to the UN Security Council on operations in the Gulf War, the United States stated that it considered the “occupation forces in Kuwait and southern Iraq” as legitimate military targets. It also stated that it had attacked Iraq’s naval forces in the northern Gulf and specified: “These attacks have been on Iraqi units that are engaged in operations against coalition forces.”
In a subsequent report, the United States stated that the Republican Guard remained a “high priority” target.
In another such report, the United States reiterated that it considered “the Republican Guard and other ground troops in the Kuwaiti theater of operations” as a legitimate target of attack.
United States of America
In 1991, during a news briefing concerning the Gulf War, the US Secretary of Defense stated that the “mainstay of Saddam’s command forces, the Republican Guard units located near the Iraqi/Kuwaiti border” were considered military targets and had been attacked.
United States of America
In 1992, in its final report to Congress on the conduct of the Gulf War, the US Department of Defense stated that Iraq’s air forces, naval forces and army units, including the Republican Guard, had been included among the 12 target sets for the coalition’s attacks.
No data.
No data.
No data.
No data.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that military objectives include: “the armed forces except medical service and religious personnel and objects”.
Americas Watch
In 1985, in a report on violations of the laws of war in Nicaragua, Americas Watch listed “members of the Popular Sandinista Army and militias”, as well as “members of ARDE, FDN, MISURA and MISURASATA [two indigenous organizations fighting against the Nicaraguan Government]”, as persons which “can arguably be regarded as legitimate military objectives subject to direct attack”.
Americas Watch
In 1986, in a report on the use of landmines in the conflicts in El Salvador and Nicaragua, Americas Watch listed the following persons as legitimate military objectives subject to direct attack:
1. In Nicaragua
(a) Members of the Popular Sandinista Army and Militias
(b) Members of ARDE, FDN, KISAN and MISURASATA [two indigenous organizations fighting against the Nicaraguan Government]
2. In El Salvador
(a) Members of the Salvadoran combined armed forces and civil defense forces
(b) Members of the FMLN [Farabundo Martí para la Liberación Nacional].
Africa Watch
In 1989, in a report on violations of the laws of war in Angola, Africa Watch listed “members of the armed forces and civil defense of Angola and other armed forces assisting the defense of Angola, such as the Cuban armed forces”, as well as “members of UNITA [União Nacional para Independência Total de Angola] armed forces and other armed forces assisting UNITA, such as the South African Defense Force and South West Africa armed forces”, as persons which “may be regarded as legitimate military objectives subject to direct attack by combatants and mines”.