National Committee for International Humanitarian Law Affirms Targeting Qatari Territory Violates International Law
Doha, March 4 (QNA) - The National Committee for International Humanitarian Law (NCIHL) expressed its deep concern and strong condemnation of the missile and drone attacks targeting the territory of the State of Qatar, launched from the Islamic Republic of Iran.
The Committee stressed that these attacks occurred within the context of an ongoing international armed conflict involving other parties, in which the State of Qatar is not participating. It noted that extending military operations into the territory of a state not party to the conflict raises serious issues of international legal responsibility under both general international law and international humanitarian law.
The Committee explained that such actions constitute a violation of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations, which forbids the use of force against the territorial integrity or political independence of any state. It added that such operations may also engage the rules of international humanitarian law, particularly when their consequences affect the civilian population or civilian objects.
In a statement issued Wednesday, the Committee outlined a number of fundamental legal principles governing such situations, foremost among them the principle of distinction, a cornerstone of international humanitarian law. Article 48 of Additional Protocol I of 1977 requires parties to an armed conflict to distinguish at all times between civilians and combatants, and between civilian objects and military objectives, and to direct military operations exclusively against military objectives.
The Committee further noted that Article 52(1) of the same Protocol clearly stipulates that civilian objects must not be the object of attack.
Accordingly, the Committee stressed that any attack that strikes, or may strike, civilian objects or populated areas within the territory of a state not participating in the conflict raises a strong presumption of a violation of the principle of distinction and necessitates a thorough legal investigation to determine the extent to which the relevant obligations under international humanitarian law have been respected.
The Committee also emphasized that indiscriminate attacks are strictly prohibited under international humanitarian law. Article 51(4) of Additional Protocol I prohibits attacks that are not directed at a specific military objective or that employ means and methods of warfare whose effects cannot be limited as required by international humanitarian law.
Furthermore, Article 51(5)(b) prohibits attacks expected to cause incidental civilian casualties or damage to civilian objects that would be excessive in relation to the anticipated military advantage, in accordance with the principle of proportionality.
The Committee also recalled that Article 57 obliges parties to a conflict to take all feasible precautions to avoid or minimize incidental harm to civilians and civilian objects. It warned that the use of weapons with wide-area or inaccurate effects in or near populated civilian areas may constitute a serious violation of these provisions.
In addition, the Committee stressed that international humanitarian law strictly prohibits the intimidation of civilian populations. Article 51(2) of Additional Protocol I explicitly states that civilians shall not be the object of attack and prohibits acts or threats of violence intended primarily to spread terror among the civilian population.
The Committee clarified that military actions or threats of force that generate fear and panic among civilians -- even in the absence of direct casualties -- may constitute a clear violation of this rule, as the protection of civilians extends to protection from deliberate intimidation.
The Committee further affirmed that expanding military operations into the territory of a state not party to the conflict entails international responsibility under the principles of sovereignty and territorial integrity recognized under international law and undermines the fundamental prohibition on the use of force enshrined in Article 2(4) of the UN Charter.
At the same time, the Committee noted that the measures taken by the competent authorities in the State of Qatar to intercept the missiles and drones fall within the legitimate right of self-defense, in accordance with Article 51 of the Charter of the United Nations, with the aim of protecting national territory and safeguarding the lives of civilians and residents.
In conclusion, the Committee commended the State of Qatar for its measured and responsible approach, including its restraint and its avoidance of escalation or involvement in the ongoing conflict, despite the severity of the attacks it has endured, as well as its commitment to prioritizing diplomatic and legal avenues.
The Committee called on all parties to the conflict to strictly adhere to the provisions of the 1949 Geneva Conventions and Additional Protocol I of 1977, and to fully respect the obligation to protect civilians and civilian objects and to refrain from exposing states not participating in the conflict to the dangers of hostilities.
The Committee also reaffirmed its full support for the legal and diplomatic measures undertaken by the State of Qatar, including recourse to the United Nations, and reiterated the importance of resolving disputes through dialogue and peaceful means in order to safeguard Qatar's sovereignty and contribute to maintaining regional and international peace and security. (QNA)
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