Norma relacionada
Germany
Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Section A. The principle of distinction
Germany’s Military Manual (1992) provides: “It is particularly prohibited to employ means or methods which are intended or of a nature … to injure military objectives, civilians, or civilian objects without distinction.”
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 401; see also § 454.
In 1983, in a statement before the Lower House of Parliament, a German Minister of State pointed out that the principle of distinction between civilian objects and military objectives was one of the five basic principles of the law of armed conflict and that it applied equally to the attacker and the attacked.
Germany, Lower House of Parliament, Statement by Dr Mertes, Minister of State, 14 October 1983, Plenarprotokoll 10/29, p. 1927.
In an explanatory memorandum submitted to the German Parliament in 1990 in the context of the ratification procedure of the 1977 Additional Protocols, the German Government expressed the opinion that the principle of distinction between civilian objects and military targets enshrined in Article 48 of Additional Protocol I was a well-established rule of customary law, binding on all States.
Germany, Lower House of Parliament, Explanatory memorandum on the Additional Protocols to the Geneva Conventions, BT-Drucksache 11/6770, 22 March 1990, p. 111.
While the core challenges in the protection of civilians identified in the previous reports of the Secretary-General still need our sustained attention, the new report also identifies several protection policy priorities that need to be explored. In particular the following “emerging” issues would benefit from our attention, and the Group of Friends stands ready to act as a platform to advance them. …
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… [O]n the issue of lethal autonomous weapons systems (LAWS), the Group is of the view that further discussions are needed and it welcomes the fact that the issue will be examined in Geneva in May 2014, in the framework of the CCW [Convention on Certain Conventional Weapons]. The Group hopes that such discussions will also examine the issue with due consideration to the protection of civilians as part of a comprehensive debate including legal, military operational, technological and ethical perspectives. In time discussion should focus on the relevance of such systems to the protection of civilians, in particular in the context of IHL and with regard to the principles of distinction, precaution and proportionality.
Germany, Statement by the permanent representative of Switzerland during a UN Security Council open debate on the protection of civilians in armed conflict made on behalf of the Group of Friends on the Protection of Civilians in Armed Conflict, namely Australia, Austria, Belgium, Brazil, Canada, France, Germany, Italy, Japan, Liechtenstein, Norway, Portugal, Switzerland, the United Kingdom and Uruguay, 12 February 2014, p. 2.
