Practice Relating to Rule 37. Open Towns and Non-Defended Localities
Section C. Attacks on open towns and non-defended localities
Germany’s Military Manual (1992) prohibits “the attack or bombardment of non-defended localities”.
The manual further provides that grave breaches of IHL are in particular “launching attacks against non-defended localities”.
Germany’s Law Introducing the International Crimes Code (2002) provides for the punishment of anyone who, “in connection with an international armed conflict or with an armed conflict not of an international character, … directs an attack by military means against … undefended towns, villages, dwellings or buildings”.