Norma relacionada
Australia
Practice Relating to Rule 15. The Principle of Precautions in Attack
Section D. Information required for deciding upon precautions in attack
Australia’s Defence Force Manual (1994) states:
All reasonable precautions must be taken to avoid injury, loss or damage to civilians and civilian objects and locations. It is therefore important to obtain accurate intelligence before mounting an attack … Accordingly, the best possible intelligence is required concerning:
a.concentrations of civilians;
b.civilians who may be in the vicinity of military objectives;
c.the nature of built-up areas such as towns, communities, shelters, etc.;
d.the existence and nature of important civilian objects and specifically protected objects; and
e.the environment.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 548 and 549.
The manual also refers to the declarations made by Australia upon ratification of the 1977 Additional Protocol I to the effect that “military commanders and others responsible for planning, deciding upon, or executing attacks, necessarily have to reach their decisions on the basis of their assessment of the information from all sources, which is available to them at the relevant time”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, Chapter 5, Annex A.
Australia’s LOAC Manual (2006) states:
5.53 … All reasonable precautions must be taken to avoid injury, loss or damage to civilians and civilian objects and locations. It is therefore important to obtain accurate intelligence before mounting an attack …
5.54 Accordingly, the best possible intelligence is required concerning:
• concentrations of civilians;
• civilians who may be in the vicinity of military objectives;
• the nature of built-up areas such as towns, communities, shelters, etc;
• the existence and nature of important civilian objects and specifically protected objects; and
• the environment.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 5.53–5.54; see also § 2.9.
The manual also refers to the declarations made by Australia upon ratification of the 1977 Additional Protocol I, to the effect that “military commanders and others responsible for planning, deciding upon, or executing attacks, necessarily have to reach their decisions on the basis of their assessment of the information from all sources, which is available to them at the relevant time”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, Chapter 5, Annex A.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Upon ratification of the 1977 Additional Protocol I, Australia stated:
In relation to Articles 51 to 58 inclusive it is the understanding of Australia that military commanders and others responsible for planning, deciding upon, or executing attacks, necessarily have to reach their decisions on the basis of their assessment of the information from all sources, which is available to them at the relevant time.
Australia, Declarations made upon ratification of the 1977 Additional Protocol I, 21 June 1991, § 3.
