Protected objects and property

International humanitarian law provides protection of civilian objects and property. It forbids attacks, reprisals, or other acts of violence against such objects, in both non-international and international armed conflicts. This specific protection is sometimes linked to objects that need to carry a distinctive emblem that is protected under humanitarian law.
Protected objects are, amonst others, the following:

• medical units, vehicles, and other transport;
• cultural objects and places of worship;
• protection of objects indispensable to the survival of the civilian population;
• natural environment;
• works and installations containing dangerous forces;
• non-defended localities;
• demilitarized zones.

Civilian objects are defined as all objects that are not military objectives. Military objectives are limited to objects that, by their nature, location, purpose, or use, make an effective contribution to military action and whose total or partial destruction, capture, or neutralization offers a definite military advantage. In case of doubt concerning an object normally used for civilian purposes the parties to a conflict must presume that such an object is not being used for military purposes. Civilian objects are “all objects that are not military objectives,” and are protected against attack, “unless and for such time as they are military objectives.” Those rules are applicable in international and non-international armed conflicts.

Rules that apply

• acts of violence, attacks, and reprisals against civilian objects are prohibited;
• attacks that strike both military objectives and civilian objects indiscriminately are forbidden;
• precautions must be taken to limit the effects of attacks on civilian objects and populations;
• military commanders have the obligation to ensure that these measures are implemented;
• parties to the conflict must at all times distinguish between civilian objects (protected objects) and military objectives;
• attacks may only be directed against military objectives and must not be directed against civilian objects;
• requisition is allowed under certain conditions, yet pillage is strictly prohibited;
• extensive destruction and appropriation of property that is not justified by military necessity is considered a grave breach of the Geneva Conventions;
• armed forces shall not use goods or persons in order to “render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations”;
• medical units must under no circumstances be used to shield military objectives from attacks.

Humanitarian and relief organizations have the duty to ensure that relief supplies are not diverted and used for military purposes. Otherwise, such organizations risk losing the protection to which they are entitled under the status of civilians and will be exposed to attacks.

Cultural Objects and Places of Worship

International law protects the cultural and spiritual heritage of all peoples (historic monuments, works of art, places of worship) through various conventions and customary rules. Cultural property should be marked with a special distinctive emblem.

Each party to the conflict must:

• take special care in military operations to avoid damage to buildings dedicated to religion, art, science, education or charitable purposes and historic monuments unless they are military objectives, and;
• refrain from attacking property of great importance to the cultural heritage of every people unless imperatively required by military necessity;
• not use of property of great importance to the cultural heritage of every people for purposes which are likely to expose it to destruction or damage is prohibited, unless imperatively required by military necessity;
• protect cultural property;
• not seize or destruct or do willful damage to institutions dedicated to religion, charity, education, the arts and sciences, historic monuments and works of art and science;
• not engage in any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, property of great importance to the cultural heritage of every people;

In case of non-international armed conflict, the occupying power must prevent the illicit export of cultural property from occupied territory and must return illicitly exported property to the competent authorities of the occupied territory

Enemy property

This term describes military objectives and civilian objects belonging to the enemy. Civilian objects remain entitled to protection at all times. Such objects may not be used for military purposes or selected as a military objective and, furthermore, must be specifically protected in the case of an attack on nearby military objectives.

Objects indispensable to the survival of the civilian population

Food products, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies, and irrigation works are considered by humanitarian law as goods that are essential to the survival of the civilian population and are protected as such. Furthermore, humanitarian law strictly prohibits the starvation of civilians as a method of warfare.

Rules:

• It is prohibited to attack, destroy, remove, or render such goods useless, for the specific purpose of depriving the civilian population of these objects;
• It is forbidden to prevent such goods from being supplied or to hinder relief operations delivering such supplies and they must not be made the object of reprisals.

International humanitarian law establishes that, if the civilian population is suffering undue hardship owing to a lack of supplies essential to its survival, such as foodstuffs and medical supplies, relief societies are entitled to undertake relief actions for the civilian population.

Natural Environment

Humanitarian law protects the natural environment. Thus, it is prohibited to employ methods or means of warfare that are intended, or may be expected, to cause widespread, long-term, and severe damage to the natural environment and that may threaten the health or survival of the population (API Arts. 35.3, 55). This comes from the principle that establishes that hostilities must not destroy objects that are indispensable to the survival of the civilian population (APII Art. 14).
The Convention on the Prohibition of Military or Any Hostile use of Environmental Modification Techniques, adopted under the aegis of the United Nations on 10 December 1976 and ratified by seventy-six States, also gives some specific provisions with regard to the protection of the environment in time of conflict. Article 1 reads as follows: “Each State Party to this Convention undertakes not to engage in military or any other hostile use of environmental modification techniques having widespread, long-lasting or severe effects as the means of destruction, damage or injury to any other State Party.” This Convention was drafted after the Vietnam war, during which the use of Napalm by the U.S. Army led to the destruction of a great part of Vietnam’s natural environment.
The protection of the natural environment in time of conflict is also codified in customary international humanitarian law. Rule 43 of the customary IHL study gives the general principles on the conduct of hostilities that shall apply to the natural environment:

1. No part of the natural environment may be attacked, unless it is a military objective.
2. Destruction of any part of the natural environment is prohibited, unless required by imperative military necessity.
3. Launching an attack against a military objective which may be expected to cause incidental damage to the environment which would be excessive in relation to the concrete and direct military advantage anticipated is prohibited.

This rule is applicable in international and non-international armed conflicts.
Rule 44 prescribes that “methods and means of warfare must be employed with due regard to the protection and preservation of the natural environment. In the conduct of military operations, all feasible precautions must be taken to avoid, and in any event to minimize, incidental damage to the environment. Lack of scientific certainty as to the effects on the environment of certain military operations does not absolve a party to the conflict from taking such precautions”; while Rule 45 states that the use of methods or means of warfare that are “intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment is prohibited. Destruction of the natural environment may not be used as a weapon.” Those two latter rules are applicable in international armed conflicts. Their customary character has not yet been established in non-international armed conflicts.
The protection of the environment is intimately linked with the protection of water resources and water installations. Indeed, water is often used as a target in armed conflicts, in order to displace or starve the civilian population. This is why water supply and repair of water conveyance systems are often one of the primary tasks undertaken by humanitarian organizations during armed conflicts, notably in refugee camps and IDP camps. As to the protection of water in armed conflicts, humanitarian law does not provide a specific regime of protection. Nonetheless, water is a protected civilian object, as it is indispensable for the survival of the civilian population. As such, attacks against water resources and water installations are prohibited.

Works and Installations Containing Dangerous Forces

Works or installations containing dangerous forces (namely, dams, dikes, and nuclear electricity-generating stations)—as well as other military objectives located at or in the vicinity of these works—must not be targets of attack. This applies “even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population” (API Art. 56, APII Art. 15).
The few derogations that are allowed are strictly regulated:
The special protection against attack . . . shall cease

1. for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;
2. for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;
3. for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support. (API Art. 56.2)

Furthermore, these works or installations should be marked with a distinctive emblem consisting of a group of three bright orange circles placed on the same axis (API Art. 56.7; API Annex I, Art. 16).
Rule 42 of the customary IHL study prescribes that “particular care must be taken if works and installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, and other installations located at or in their vicinity are attacked, in order to avoid the release of dangerous forces and consequent severe losses among the civilian population.” This rule is applicable in international and non-international armed conflicts.
The Statute of the International Criminal Court (ICC) was adopted on 17 July 1998 and entered into force on 1 July 2002. Article 8 of the Statute defines the war crimes over which the Court has jurisdiction, once the conditions required to trigger the exercise of its jurisdiction have been met. Whether committed during an international or internal armed conflict, these war crimes include:

• deliberately launching attacks against civilian objects;
• intentionally directing attacks against installations, material, units, or vehicles involved in a humanitarian assistance or peacekeeping mission, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
• deliberately directing attacks against medical installations and material;
• launching attacks in the knowledge that such attacks may cause widespread, long-term, and severe damage to the natural environment, and would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
• attacking or bombarding towns, villages, dwellings, or buildings that are undefended and are not military objectives;
• intentionally directing attacks against buildings dedicated to religion, education, art, science, or charitable purposes, as well as historic monuments, hospitals, and places where the sick and wounded are gathered, provided that such building are not being used for military purposes.