F. The use of force in armed conflict
(32) In armed conflict, what constitutes an ‘arbitrary’ deprivation of
life during the conduct of hostilities is to be determined by
reference to international humanitarian law. This law does not
prohibit the use of force in hostilities against lawful targets (for
example combatants or civilians directly participating in
hostilities) if necessary from a military perspective, provided
that, in all circumstances, the rules of distinction,
proportionality and precaution in attack are observed. Any
violation of international humanitarian law resulting in death,
including war crimes, will be an arbitrary deprivation of life.
(33) International humanitarian law on the conduct of hostilities
must only be applied during an armed conflict and where the
use of force is part of the armed conflict. In all other situations
of violence, including internal disturbances, tensions or riots,
international human rights rules governing law enforcement
operations apply.
(34) Where military necessity does not require parties to an armed
conflict to use lethal force in achieving a legitimate military
objective against otherwise lawful targets, but allows the target
for example to be captured rather than killed, the respect for the
right to life can be best ensured by pursuing this option.
(35) The use during hostilities of new weapons technologies such as
remote controlled aircraft should only be envisaged if they
strengthen the protection of the right to life of those affected.
Any machine autonomy in the selection of human targets or the
use of force should be subject to meaningful human control.
The use of such new technologies should follow the established
rules of international law.
G. State obligations with respect to persons held in
custody
(36) When the State deprives an individual of liberty, its control of
the situation yields a heightened level of responsibility to protect
that individual’s rights. This includes a positive obligation to
protect all detained persons from violence or from emergencies
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