Practice Relating to Rule 6. Civilians’ Loss of Protection from Attack
Section A. Direct participation in hostilities
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
II.1. Protected persons and objects
- Civilians: persons who are not members of the armed forces and who do not take part in hostilities.
In Book III, Volume 1 (Instruction of first-year trainee officers), the Teaching Manual provides:
Chapter 1. Introduction to the law of war
At all times, a distinction must be clearly made between combatants and civilians or the civilian population as such … Civilians are protected against attacks, but they lose that protection during the time of their effective participation in hostilities.
Chapter 3. Identification
Civilians must not be attacked … Civilians are not entitled to take part directly in hostilities. If they do, they lose their status as civilians during the time of their direct participation …
II. 4. Civilians accompanying the armed forces
Civilians accompanying the armed forces are, for example, war correspondents, personnel responsible for the wellbeing of the armed forces, supply contractors, members of labour units or civilian members of crews of military aircraft … They are in the same situation as other civilians; in order to be entitled to protection against attacks, they must abstain from directly taking part in the hostilities.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:
I.4. Unlawful combatants
“Unlawful” combatants are those who take a direct part in hostilities without having the legal right to do so according to the LOAC.
I.4.1. Civilians participating in hostilities
Civilians who take a direct part in hostilities (other than in a levée en masse) are unlawful combatants. They lose their protection as civilian persons and become lawful objectives during the time they take a direct part in hostilities. …
II.1. Legitimate objectives
“Legitimate objectives” comprise combatants, unlawful combatants and military objectives. …
II.1.5. Unlawful combatants
Unlawful combatants are legitimate objectives during the time they take a direct part in hostilities. Unlawful combatants comprise:
- civilians (except for those who are lawful combatants because they participate in a levée en masse