“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

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