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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