Соответствующая норма
Practice Relating to Rule 6. Civilians’ Loss of Protection from Attack
Section C. Situations of doubt as to the character of a person
Upon ratification of the 1977 Additional Protocol I, France stated:
The rule set out in the second sentence of the first paragraph of Article 50 [of the 1977 Additional Protocol I] cannot be interpreted as requiring a commander to take a decision which, according to the circumstances and information available to him, might not be compatible with his duty to ensure the safety of the troops under his command or to preserve his military situation, in conformity with other provisions of [the 1977 Additional Protocol I]. 
France, Declarations and reservations made upon ratification of the 1977 Additional Protocol I, 11 April 2001, § 9.