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.
