Norma relacionada
France
Practice Relating to Rule 15. The Principle of Precautions in Attack
France’s LOAC Manual (2000) states: “In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.”
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 98; see also Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, p. 4.
France’s LOAC Teaching Note (1989) provides: “All precautions must be taken in order to avoid or minimize incidental injury and collateral damage.”
France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, p. 2.
In 2008, in response to a parliamentary question, the Minister of Defence of France stated:
[France] is a party to the 1977 Additional Protocol I to the 1949 Geneva Conventions, which defines the major fundamental principles of protection of the civilian population against the effects of hostilities, in particular … the principle of … precaution in attack, which requires constant attention to reduce to a minimum any collateral damage. France considers this document is a fundamental pillar of international humanitarian law and wishes it to become universal as soon as possible, in order to allow for the requirements of humanity during armed conflicts to be better respected.
France, Response of the Minister of Defence to parliamentary written question No. 20626, Journal officiel de la République française, 6 May 2008, p. 3812.
On Afghanistan, we remain seriously concerned about the intolerably high number of conflict-related civilian casualties. The large majority of them are caused by indiscriminate attacks by the Taliban, Al-Qaida and other violent armed groups. We would also like to take note of the continued progress made by Afghan and international forces in minimizing civilian casualties.
Germany, Statement by the ambassador of Germany before the UN Security Council on the protection of civilians in armed conflict, 10 May 2011, p. 1.
Upon ratification of the 1977 Additional Protocol I, France stated that it considered that the term “feasible” as used in the Protocol meant “that which can be realized or which is possible in practice, taking into account all circumstances ruling at the time, including humanitarian and military considerations”.
France, Reservations and declarations made upon ratification of the 1977 Additional Protocol I, 11 April 2001, § 3.
France’s LOAC Summary Note (1992) states:
Commanders are responsible for the consequences for civilians of the military actions they take. They must, prior to any action, obtain a maximum of information concerning the nature and the location of protected objects (medical units, cultural objects, installations containing dangerous forces) and concerning any concentration of civilians.
France, Fiche de Synthèse sur les Règles Applicables dans les Conflits Armés, Note No. 432/DEF/EMA/OL.2/NP, Général de Corps d’Armée Voinot (pour l’Amiral Lanxade, Chef d’Etat-major des Armées), 1992, § 5.2.
