چکیده:
Protecting installations containing dangerous forces in armed conflicts against reprisals is one of the challenges of recent decades. Since the destruction of the whole or a part of these installations could result in the release of dangerous forces and causing irreparable damage to civilians and civilian property, it seems necessary to establish customary and contracting international rules to protect them against reprisals. Article 56 (4) of the First Additional Protocol of 1977 to the Geneva Conventions of 1949, and rules 6.8 and 1006.9 of the Red Cross model manual on the law of armed conflicts for armed forces of 1999, without any conditions, prohibit reprisals against workshops and installations containing dangerous forces, but these actions in armed conflicts are still observed. Article 85(3)(c) of the First Additional Protocol of 1977 in certain circumstances condemns the attack on works and installations containing dangerous forces as a serious violation and considers it a war crime. In this article, attempts have been made to analyze and evaluate the attacks on works and installations containing dangerous forces in the framework of the reprisal system.
خلاصه ماشینی:
The four Geneva Conventions of 1949 and Protocol I annexed to 1977 to the aforementioned conventions are among the most important and reliable international treaty documents in the field of prohibiting retaliatory measures, which prohibit the adoption of such measures against civilians and civilian property, including patients, the wounded, prisoners of war, cultural property, the environment, and facilities and workshops containing dangerous forces3 (Kolb & Hyde, 1394: 282-281).
According to paragraph 1 of Article 56 of Protocol I annexed to 1977, the term workshops or facilities containing dangerous forces refers to dams, water reservoirs, and nuclear power plants generating electricity, the attack on which would release dangerous forces and subsequently cause severe harm to the civilian population (Geneva Documents Collection, 1390: 364).
Prohibition of Attacking Facilities Containing Dangerous Forces Although Protocol II does not provide general protection for civilian property in non-international armed conflicts, Article 15 of this document provides protection for workshops and facilities containing dangerous forces, stating that the aforementioned facilities, including dams, reservoirs, and nuclear power plants generating electricity, should not be targeted for attack, even if they are military objectives, provided that such attacks lead to the release of dangerous forces and consequently severe harm to the civilian population.
2. Prohibition of Military Attacks Due to the public reaction to such attacks and these aspects of conflicts, the International Committee of the Red Cross, when presenting a draft of rules in 1956 to limit the dangers facing the civilian population during wartime, also included an article on the protection of facilities containing dangerous forces (Bugnion, ICRC Report, 2018).
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