17.7 RULES ON CONDUCTING ATTACKS IN NIAC Parties to a conflict must conduct attacks in accordance with the principles of distinction and proportionality. In particular, the following rules must be observed: • Combatants may not direct attacks against civilians, civilian objects, or other protected persons and objects.111 • The distinctive emblem must not be used while engaging in attacks.112 • Combatants must refrain from attacks in which the expected loss of life or injury to civilians, and damage to civilian objects incidental to the attack, would be excessive in relation to the concrete and direct military advantage expected to be gained.113 • Combatants must take feasible precautions in planning and conducting attacks to avoid incidental harm to civilians and civilian objects.114 • In conducting attacks, combatants must assess in good faith the information that is 108 See 1958 UK MANUAL ¶116 note 1(b) (“If a government or military commander offers rewards for all or individual armed insurgents killed or wounded by the forces engaged in quelling the insurrection, such offers are open to the same objection as those set out above in respect of hostilities between belligerents, and are probable unlawful. On the other hand, there is no objection to offering rewards for the apprehension of insurgents or for giving information leading to the apprehension or killing of insurgents in combat. A State is entitled to secure the capture of armed rebels in order that they may be tried as such, or to kill or wound them in combat. However, the probable effect of the common Art. 3, when applicable, is to prohibit inducements being given to troops, police or civilians, to take the law into their own hands.”). 109 Consider AP II art. 4(2) (“Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 [i.e., all persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted,] are and shall remain prohibited at any time and in any place whatsoever: ... b) collective punishments;”); BOTHE, PARTSCH, & SOLF, NEW RULES 642 (AP II art. 4, ¶2.5) (“Paragraph 2 (b) prohibits ‘collective punishments’. The Committee had proposed ‘collective penalties’. The change of this wording was accepted in order to include not only penalties imposed by a court but also penalties imposed by administrative measures.”). 110 Refer to § 8.16.2.1 (Individual Penal Responsibility and No Collective Punishment). 111 Refer to § 5.5 (Discrimination in Conducting Attacks). 112 Refer to § 17.16.2 (Improper Use of the Distinctive Emblem). 113 Refer to § 5.12 (Proportionality – Prohibition on Attacks Expected to Cause Excessive Incidental Harm). 114 Refer to § 5.11 (Proportionality – Feasible Precautions in Planning and Conducting Attacks to Reduce the Risk of Harm to Protected Persons and Objects). 1050

available to them.115 • Specific rules apply to the use of certain types of weapons.116 These rules apply to all parties to a non-international armed conflict, including persons belonging to non-State armed groups, and persons who decide to participate in hostilities of their own initiative. However, persons who belong to non-State armed groups, or who decide to participate in hostilities of their own initiative, may also be subject to the State’s domestic law.117 17.7

Any relevance to the clock?