Practice Relating to Rule 15. The Principle of Precautions in Attack
At the CDDH, Austria considered that the precautions envisaged in Article 57 of the 1977 Additional Protocol I
could only be taken at a higher level of military command, in other words by the high command. Junior military personnel could not be expected to take all the precautions prescribed, particularly that of ensuring respect for the principle of proportionality during an attack.
Upon ratification of the 1977 Additional Protocol I, Austria stated:
Article 57, paragraph 2, of Protocol I will be applied on the understanding that, with respect to any decision taken by a military commander, the information actually available at the time of the decision is determinative.
Austria further stated:
For the purposes of judging any decision taken by a military commander, Articles 85 and 86 of Protocol I will be applied on the understanding that military imperatives, the reasonable possibility of recognizing them and the information actually available at the time that decision was taken, are determinative.