Соответствующая норма
Spain
Practice Relating to Rule 11. Indiscriminate Attacks
Spain’s LOAC Manual (1996) states:
[Indiscriminate military objectives] are those in which military objectives and civilians and civilian goods are combined in such a way that the attack would cause civilian damages that would be excessive in relation to the concrete and direct military advantage expected from the attack. The following are indiscriminate attacks and therefore forbidden: … 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 4.4.c.
The manual also provides that “launching an indiscriminate attack affecting the civilian population or civilian objects which would be excessive in relation to the military advantage anticipated” constitutes a grave breach. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 11.8.b.(1).
Spain’s LOAC Manual (2007) states:
[Illegitimate military objectives] are targets in which the military objective is not clearly separated from civilians and civilian property. An attack on such targets would cause civilian casualties and damage that would be excessive in relation to the concrete and direct military advantage anticipated from the operation. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 4.4.c.
The manual further states that “it is prohibited to carry out indiscriminate attacks which make no distinction between military objectives and protected persons and objects”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 7.3.b.(1).
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict, … carries out or orders an indiscriminate attack”. 
Spain, Penal Code, 1995, Article 611(1).
In 2010, in the Couso case, which concerned the killing of a Spanish journalist in Baghdad on 8 April 2003 by troops of the United States of America, the Criminal Chamber of Spain’s Supreme Court held:
As alleged [by the appellants], the appealed order [presently under review] seems to place en emphasis, in order to terminate the proceedings, on the second section of Article 611(1) of the PC [Penal Code (1995)] … when it is clear that on the last occasion the examining magistrate also based his proceedings on the first section referring to those who carry out or order an indiscriminate attack … [T]he latter should be evaluated by the Court, as was expressed in the dissenting opinion, according to the principles of international humanitarian and customary law, and not in an anticipated manner. As a result the appealed order lacks the necessary reasoning, as it ignores the substantial grounds [raised] in the second indictment order. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section II(II), Segundo, § 3, p. 8.
[emphasis in original]
On the issue concerning breach of the law due to the failure to apply Article 611 of the Penal Code, the Court held:
2. Article 611 of the PC effectively punishes
“anyone who in the event of an armed conflict commits [any of the following acts], without prejudice to the penalty for the results of such acts, shall be punished with ten to fifteen years’ imprisonment:
1. Carries out or orders an indiscriminate attack”. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section II(II), Sexto, § 2, p. 11.
[emphasis in original]
The Court also referred to norms of IHL relevant to the case under review, including Articles 51(4) and 85(3)(a) of the 1977 Additional Protocol I. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section II(II), Sexto, § 2, pp. 14 and 16.
In deciding on the issue concerning breach of the law, the Court held:
The appealed decision declared the termination of the proceedings … as it considered that the “facts [of] the case did not constitute an offence” … [H]owever, the proceedings carried out do not permit sharing the conclusions of the first instance tribunal; rather, the facts [denounced] merit being subsumed under the cited penal provisions and the aforementioned norms of International Humanitarian Law. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section II(II), Sexto, § 2, p. 16.
[emphasis in original]
The Court upheld the appeal against the order of 23 October 2009 by the Third Section of the Criminal Chamber of the Spanish National Court, which declared the termination of the proceedings, and held that “the proceedings must continue, and the outstanding preparatory enquiries must be undertaken, as well as any others arising from the clarification of the events under investigation.” 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section III, pp. 20–21.