civilians and combatants. In essence, this means that attacks may be
directed only at military objectives, i.e., those objects which by their nature,
location, purpose or use make an effective contribution to military action
and whose total or partial destruction, capture or neutralization, in the
circumstances applicable at the time, offers a definite military advantage.
Civilians lose their protection as civilians for such time as they participate
directly in the hostilities.
Furthermore, indiscriminate attacks are strictly prohibited according to
international humanitarian law. This includes attacks that are not directed
at a specific military objective, employ a method or means of combat
which cannot be directed at a specific military objective, or employ a
method or means of combat the effects of which cannot be limited as
required by international humanitarian law, and consequently are of a
nature to strike military objectives and civilians or civilian objects without
distinction. Indiscriminate attacks include disproportionate attacks, which
are also prohibited.
International humanitarian law also specifically prohibits “measures of
terrorism” or “acts of terrorism.” These prohibitions aim to highlight
individual criminal accountability and protect against collective punishment
and “all measures of intimidation or of terrorism.”17 Furthermore, “acts or
threats of violence the primary purpose of which is to spread terror among
the civilian population” are also strictly prohibited under international
humanitarian law.18 According to the International Committee of the Red
Cross, while even a lawful attack on a military objective may spread fear
among civilians, these provisions, related to the conduct of hostilities, seek
to prohibit “attacks that specifically aim to terrorize civilians, for example
campaigns of shelling or sniping of civilians in urban areas.”19
It is important to note that, in addition to international humanitarian law,
international human rights law continues to apply during armed conflict,
subject only to certain permissible limitations in accordance with strict
requirements contained in international human rights treaties. In essence,
the difference between the two bodies of law is that, whilst human rights
law protects the individual at all times, international humanitarian law
applies only in situations of armed conflict. In this regard, the Human
Rights Committee has stated, in its general comment N° 31, that:
[The International Covenant on Civil and Political Rights] applies also
in situations of armed conflict to which the rules of international
humanitarian law are applicable. While, in respect of certain Covenant
rights, more specific rules of international humanitarian law may be
12
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