syria-un-20170202 33

A/HRC/34/64 33 civilians, and damage to civilian objects when incendiary weapons are used in armed conflict.71 Human shields 46. The use of human shields has been defined as “the placement or detention of persons in areas where they may be exposed to combat operations, for the purpose of rendering certain areas or activities immune from military operations or armed attack . . .”72 Notably “[t]he prohibition of the use of human shields is not dependent on actual harm or attack,”73 but only that the perpetrator must intend to shield a military objective from attack or shield, favour, or impede military operations.”74 47. The deliberate violation of the obligation to take all feasible precautions against the effects of attacks is often related to the use of human shields. With respect to non-international armed conflicts, such practice is prohibited by the requirement that parties to the conflict must take all feasible precautions to protect the civilian population and civilian objects under their control against the effects of attacks.75 In addition, international case law has confirmed the obligation under international human rights law to take positive steps to protect life.76 While IHRL does not explicitly prohibit the use of human shields, this practice would constitute, among other violations, a violation of the right to not be arbitrarily deprived of the right to life. Use of civilian buildings for military purposes 48. Warring parties are required, to the extent feasible, to avoid locating military objectives within or near densely populated civilian areas.77 Treatment and Care of the Wounded and Sick 49. A “double-tap” airstrike is one in which a second attack on a target/area follows shortly after the first, having the effect of killing and injuring those who came to provide aid to, mourn, or remove bodies of the victims of the first attack. Double-tap airstrikes may therefore violate the IHL obligation to collect and care for the wounded and sick.78 The presence of humanitarian aid workers carrying out their humanitarian function during a “double-tap” airstrike may also constitute a violation of the obligations to respect and protect civilian humanitarian relief personnel,79 as well as to respect and protect objects used for humanitarian relief operations such as humanitarian aid convoys.80 Forced displacement 50. Parties to a non-international armed conflict may not order the displacement of a civilian population, in whole or in part, for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand.81 71 ICRC Rule 84. 72 ICTY, Prosecutor v. Radovan Karadžić, Judgement - Four volumes compiled, IT-95-5/18-T, 24 Mar 2016, at p. 199, para. 525 (internal citations omitted). 73 Ibid. (internal citations omitted). 74 Ibid. at para. P. 199-200, para 526 (internal citations omitted). 75 ICRC Rule 22. 76 See, e.g., Ibid. at Commentary to Rule 97. 77 Ibid. at Rule 23. 78 Ibid. at 110; see also Common Art. 3. 79 Ibid. at Rules 1 and 31. 80 ICRC Rule 32. 81 Ibid. at Rule 129(b)