Côte d’Ivoire
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
Section C. Attacks against civilians
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
Lesson 1. Basic notions of IHL
…
The principle of distinction specifies who and what can be attacked and who and what cannot be attacked.
…
- Who and what cannot be attacked?
- Non-combatants,
- Civilians,
- Civilian population, …
…
Lesson 4. Breaches and repression of violations of IHL
…
I. Grave violations
…
They are enumerated by the Geneva Conventions and the Additional Protocols, as well as by the Ivorian Penal Code.
They are:
…
- … attacks directed against the civilian population.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides: “As a general rule, civilians and civilian objects must not be attacked.”
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Article 139
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
…
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
…
…
4 - other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
- intentionally directing attacks against the civilian population as such or against individual civilians not taking a direct part in hostilities;
…
Article 139-1
The provisions of paragraphs 3 and 4 of the above article 139 do not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.