Pour le 7e vendredi consecutif, la volonte de changement radical a ete fortement exprimee sereinement et dans le calme le plus absolu, avec le meme elan de fraternisation scellant le [beaucoup moins que]lien vital[beaucoup plus grand que] entre le peuple et son armee, un attachement resolu a l'unite nationale intransgressible
et le rejet de toute ingerence exterieure.
them, because they constitute intransgressible
contain them, because they constitute intransgressible
principles of international customary law.").
(14) YORAM DINSTEIN, THE CONDUCT OF HOSTILITIES UNDER THE LAW OF INTERNATIONAL ARMED CONFLICT 82 (2004) (describing the principle of distinction as fundamental and "intransgressible
" to international humanitarian law).
recognized boundaries sanctioned as intransgressible
or the law.
Distinction, one of the "cardinal principles contained in the texts constituting the fabric of [the LOAC]," and thus "intransgressible
," requires that the parties to a conflict "at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives." (9)
(97) It seems to prefer employing surrogate (and more imprecise) phrases, such as "elementary considerations of humanity," "intransgressible
principles of customary international law," "obligations erga omnes," and the like.
(9) The ICJ has stated that the principle of distinction is one of the 'cardinal principles' of international humanitarian law and one of the 'intransgressible
principles of international customary law.' (10) The Court further stated that 'states must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets,' (11) equating the use of indiscriminate weapons with a direct attack on civilians.
Further these fundamental rules are to be observed by all States whether or not they have ratified the conventions that contain them, because they constitute intransgressible
principles of international customary law." Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J.
(225) These fundamental rules are codified within the Geneva Conventions and the Additional Protocols, but also "constitute intransgressible
principles of international customary law." (226) Humanitarian law does not require perfection in the execution of a military attack, (227) nor does it prohibit all civilian casualties.