“They looked at his identity card and shot him dead”
Six months of post-electoral violence in Côte d’Ivoire
49
become temporarily fulfilled.36 In cases of doubt whether an object which is normally
dedicated to civilian purposes, such as a place of worship, a house or other dwelling, or a
school, is being used for military purposes, it is to be presumed not to be so used.37
Intentionally directing attacks against civilians not taking direct part in hostilities, or against
civilian objects (in the case of non-international conflicts, medical, religious or cultural
objects in particular), is a war crime.38 The principle of distinction also includes a specific
rule that “acts or threats of violence the primary purpose of which is to spread terror among
the civilian population are prohibited.”39
The corollary of the rule of distinction is that “indiscriminate attacks are prohibited”.40
Indiscriminate attacks are those that are of a nature to strike military objectives and civilians
or civilian objects without distinction, either because the attack is not directed at a specific
military objective, or because it employs a method or means of combat that cannot be
directed at a specific military objective or has effects that cannot be limited as required by
international humanitarian law.41
International humanitarian law also prohibits disproportionate attacks, which are those
“which may be expected to cause incidental loss of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof, which would be excessive in relation to the
concrete and direct military advantage anticipated.”42 Intentionally launching an
indiscriminate attack resulting in death or injury to civilians, or a disproportionate attack
(knowing that the attack will cause excessive incidental civilian loss, injury or damage)
constitute war crimes.43
International humanitarian law applicable in non-international armed conflicts also provides
fundamental guarantees for civilians as well as fighters or combatants who are captured,
injured or otherwise rendered unable to fight (“hors de combat”). Between them, common
article 3 of the 1949 Geneva Conventions and customary international humanitarian law
include the following rules: humane treatment is required; discrimination in application of
the protections of international humanitarian law is prohibited; torture, cruel or inhuman
treatment and outrages on personal dignity (particularly humiliating and degrading treatment)
are prohibited, as are enforced disappearance, the taking of hostages, and arbitrary
detention; no-one may be convicted or sentenced except pursuant to a fair trial affording all
essential judicial guarantees; and collective punishments are prohibited.44 Depending on the
particular rule in question, many or all acts that violate these rules will also constitute war
crimes.45
Obligations under international human rights law
Côte d’Ivoire is a party to some of the major international human rights treaties, including the
International Covenant on Civil and Political Rights (ICCPR); the International Covenant on
Economic, Social and Cultural Rights. the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT); the Convention on the Elimination of
All Forms of Discrimination against Women(CEDAW); the International Convention on the
Elimination of All Forms of Racial Discrimination (ICERD); the Convention on the Rights of
the Child (CRC) and the African Charter on Human and Peoples’ Rights. Côte d’Ivoire is
Index: AFR 31/002/2011
Amnesty International May 2011