Israel Terror State’s bogus “military objective” has been against the rules of war since day #1 and is a war crime. And everyone knows this.
Practice relating to Rule 46.
Orders or Threats that No Quarter Will Be Given
I. Treaties
Hague Regulations (1899)
Article 23 of the 1899 Hague Regulations provides: “[I]t is especially prohibited … (d) To declare that no quarter will be given.”
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 23(d).
Hague Regulations (1907)
Article 23 of the 1907 Hague Regulations provides: “[I]t is especially forbidden … (d) To declare that no quarter will be given.”
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 23(d)
Additional Protocol I
Article 40 of the 1977 Additional Protocol I provides: “It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.”
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 40.
Article 38 of the draft Additional Protocol I (now Article 40) submitted by the ICRC to the CDDH included the prohibition “to order that there shall be no survivors, to threaten an adversary therewith and to conduct hostilities on such basis” in the article concerning the safeguarding of the enemy hors de combat.
CDDH, Official Records, Vol. I, Part Three, Draft Additional Protocols, June 1973, p. 13.
In view of its importance, the prohibition was the subject of a separate article on the basis of a proposal by Afghanistan, supported by Algeria, Belarus, Belgium, United Kingdom, Union of Soviet Socialist Republics, Venezuela and the Socialist Federal Republic of Yugoslavia.
CDDH, Official Records, Vol. XIV, CDDH/III/SR.29, 7 March 1975, p. 277, § 38 (Afghanistan), p. 279, § 51 (Algeria), p. 280, § 54 (Belarus), p. 282, § 64 (Belgium), p. 284, § 73 (United Kingdom), p. 283, § 66 (USSR), p. 280, § 55 (Venezuela) and p. 284, § 71 (Socialist Federal Republic of Yugoslavia).
This separate article (now Article 40 of the 1977 Additional Protocol I) was adopted by consensus.
CDDH, Official Records, Vol. VI, CDDH/SR.39, 25 May 1977, p. 103.
Additional Protocol II
Article 4(1) of the 1977 Additional Protocol II provides: “It is prohibited to order that there shall be no survivors.”
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(1). Article 4 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90.
Additional Protocol II (draft)
Article 22 of the draft Additional Protocol II submitted by the ICRC to the CDDH provided: “It is forbidden to order that there shall be no survivors, to threaten an adversary therewith and to conduct hostilities on such basis.”
CDDH, Official Records, Vol. I, Part Three, Draft Additional Protocols, June 1973, p. 39.
Draft Article 22 was adopted by consensus in Committee III of the CDDH.
CDDH, Official Records, Vol. XV, CDDH/III/SR.49, 4 June 1976, p. 108, § 6.
Eventually, however, the prohibition to order that there shall be no survivors was placed, and adopted, in another article and the rest of draft Article 22 was deleted by consensus in the plenary.
CDDH, Official Records, Vol. VII, CDDH/SR.52, 6 June 1977, p. 128.
ICC Statute
Pursuant to Article 8(2)(b)(xii) and (e)(x) of the 1998 ICC Statute, “[d]eclaring that no quarter will be given” is a war crime in both international and non-international armed conflicts.
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 8(2)(b)(xii) and (e)(x).