Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Section E. Attacks against civilian means of transportation
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
SECTION I – GENERAL PROTECTION AGAINST THE EFFECTS OF HOSTILITIES
CHAPTER I – BASIC RULE AND FIELDS OF APPLICATION
Article 48 – Basic rule
In order to ensure respect for and protection of … civilian objects, the Parties to the conflict shall at all times distinguish between … civilian objects and military objectives and accordingly shall direct their operations only against military objectives.
The targets that on each occasion were attacked with home made bombs at midnight were a mosque in Soweto, railway tracks in Soweto resulting in the death of a woman and injuries to her family, the bridge over the Umtamvuna River between the Eastern Cape and Natal and the Lanseria airport. Where the attempts were unsuccessful, and time mechanisms were also set to go off at midnight, targets included a taxi rank in Soweto and a Buddhist Temple in Bronkhorstspruit. However, two workers were injured in Bronkhorstspruit when the bomb was handled and were hospitalised. These targets cannot with the best will in the world be labelled as military targets
… The core remains that only the targeting of military objects is permissible. The targeting of civilian objects is in conflict with the provisions of [the 1977 Additional] Protocol I.