Spain
Practice Relating to Rule 54. Attacks against Objects Indispensable to the Survival of the Civilian Population
Section A. Attacks against objects
Spain’s LOAC Manual (1996) states that it is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population “with the intent to starve the civilian population”.
The manual also gives as examples of such objects, foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and reserves, irrigation works, etc.
Spain’s LOAC Manual (2007) states:
It is prohibited to attack, destroy, remove or render useless objects essential to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, with the intention of starving out the civilian population.
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict, … attacks, destroys, removes or renders useless objects indispensable to the survival of the civilian population”.
Spain’s Penal Code (1995), as amended in 2010, states:
1. Anyone who in the event of an armed conflict commits or orders to be committed any of the following acts shall be punished with four to six years’ imprisonment:
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e. Attacking, destroying, removing or rendering useless objects indispensable to the survival of the civilian population …
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2. … In all other cases mentioned in the above article, the higher sentence can be imposed when extensive and important destructions are caused to the property, objects or installations or [the acts] are of extreme gravity.