the Charter of the OAU...and also take into consideration, as subsidiary measures to determine the
principles of law, other general or special international conventions, laying down rules recognised by
Member States of the OAU...general principles recognised by African States as well as legal precedents
and doctrine. Invoking these provisions, the [African] Commission holds that the Four Geneva Conventions
and the two Additional Protocols covering armed conflicts, fall on all fours with the category of special
international conventions, laying down rules recognised by Member States of the OAU and also constitute
part of the general principles recognised by African States, and to take [the] same into consideration in the
determination of this case.
79. The [African] Commission finds the killings, massacres, rapes, mutilations and other grave human
rights abuses committed while the Respondent States' armed forces were still in effective occupation of the
eastern provinces of the Complainant State reprehensible and also inconsistent with their obligations under
Part III of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949 and
Protocol 1 of the Geneva Convention.
80. They also constitute flagrant violations of Article 2 of the African Charter, such acts being directed
against the victims by virtue of their national origin; and Article 4, which guarantees respect for life and the
integrity of one's person and prohibits the arbitrary deprivation [of] rights.
81. The allegation of mass transfer of persons from the eastern provinces of the Complainant State to
camps in Rwanda, as alleged by the Complainant and not refuted by the Respondent, is inconsistent with
Article 18(1) of the African Charter, which recognises the family as the natural unit and basis of society and
guarantees it appropriate protection. It is also a breach of the right to freedom of movement, and the right to
leave and to return to one's country guaranteed under Articles 12 (1) and (2) of the African Charter
respectively.
82. Article 56
× Art 56. Protection of works and installations containing dangerous forces
1. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical
generating stations, shall not be made the object of attack, even where these objects are military
objectives, if such attack may cause the release of dangerous forces and consequent severe losses among
the civilian population. Other military objectives located at or in the vicinity of these works or installations
shall not be made the object of attack if such attack may cause the release of dangerous forces from the
works or installations and consequent severe losses among the civilian population.
2. The special protection against attack provided by paragraph 1 shall cease: (a) for a dam or a dyke only if
it is used for other than its normal function and in regular, significant and direct support of military
operations and if such attack is the only feasible way to terminate such support; (b) for a nuclear electrical
generating station only if it provides electric power in regular, significant and direct support of military
operations and if such attack is the only feasible way to terminate such support; (c) for other military
objectives located at or in the vicinity of these works or installations only if they are used in regular,
significant and direct support of military operations and if such attack is the only feasible way to terminate
such support.
3. In all cases, the civilian population and individual civilians shall remain entitled to all the protection
accorded them by international law, including the protection of the precautionary measures provided for in
Article 57. If the protection Ceases and any of the works, installations or military objectives mentioned in
paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous
forces.
4. It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the
object of reprisals.
5. The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the
works or installations mentioned in paragraph 1. Nevertheless, installations erected for the sole purpose of
defending the protected works or installations from attack are permissible and shall not themselves be
made the object of attack, provided that they are not used in hostilities except for defensive actions
necessary to respond to attacks against the protected works or installations and that their armament is
limited to weapons capable only of repelling hostile action against the protected works or installations.
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