6. The High Contracting Parties and the Parties to the conflict are urged to conclude further agreements
among themselves to provide additional protection for objects containing dangerous forces.
7. In order to facilitate the identification of the objects protected by this article, the Parties to the conflict
may mark them with a special sign consisting of a group of three bright orange circles placed on the same
axis, as specified in Article 16 of Annex I to this Protocol [Article 17 of Amended Annex]. The absence of
such marking in no way relieves any Party to the conflict of its obligations under this Article.
of the First Protocol Additional to the Geneva Conventions of 1949 provides: "(1) Works or installations
containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be
made object of military 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. (2) The
special protection against attack provided by paragraph 1 shall cease: (a) for a dam or dyke only if it is
used for other than its normal function in a 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 precautionary measures provided for in Article 57."
83. As noted previously, taking Article 56, quoted above into account, and by virtue of Articles 60 and 61 of
the African Charter, the [African] Commission concludes that in besieging the hydroelectric dam in Lower
Congo province, the Respondent States have violated the [African] Charter.
84. The besieg[ing] of the hydroelectric dam may also be brought within the prohibition contained in The
Hague Convention (II) with Respect to the Laws and Customs of War on Land which provides in Article 23
× Art. 23. Besides the prohibitions provided by special Conventions, it is especially prohibited (a) To employ
poison or poisoned arms; (b) To kill or wound treacherously individuals belonging to the hostile nation or
army; (c) To kill or wound an enemy who, having laid down arms, or having no longer means of defence,
has surrendered at discretion; (d) To declare that no quarter will be given; (e) To employ arms, projectiles,
or material of a nature to cause superfluous injury; (f) To make improper use of a flag of truce, the national
flag or military ensigns and uniform of the enemy, as well as the distinctive badges of the Geneva
Convention; (g) To destroy or seize the enemy's property, unless such destruction or seizure be
imperatively demanded by the necessities of war.
that "Besides the prohibitions provided by special Conventions, it is especially prohibited...to destroy the
enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war".
By parity of reason, and bearing in mind Articles 60 and 61 of the [African] Charter, the Respondent States
are in violation of the said Charter with regard to the just noted Article 23.
85. The case of the International Criminal Tribunal for Yugoslavia v. Zejnil Delalic, Zdravko Mucic, Hazim
Delic and Esad Landzo (the Celebici Judgment; Nov., 16, 1998 at para. 587) is supportive of the [African]
Commission's stance. It states, inter alia, that "international law today imposes strict limitations on the
measures which a party to an armed conflict may lawfully take in relation to the private and public property
of an opposing party. The basic norms in this respect, which form part of customary international
law...include the fundamental principle...that private property must be respected and cannot be
confiscated...pillage is formally forbidden".
86. The raping of women and girls, as alleged and not refuted by the Respondent States, is prohibited
under Article 76
×
1. Women shall be the object of special respect and shall be protected in particular against rape, forced
prostitution and any other form of indecent assault.
2. Pregnant women and mothers having dependent infants who are arrested, detained or interned for
reasons related to the armed conflict, shall have their cases considered with the utmost priority.
3. To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the pronouncement
of the death penalty on pregnant women or mothers having dependent infants, for an offence related to the
armed conflict. The death penalty for such offences shall not be executed on such women.
of the First Protocol Additional to the Geneva Conventions of 1949, which provides that "women shall be
the object of special respect and shall be protected in particular against rape, forced prostitution and any
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