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Attacks on objects used "in direct support of military action" are permissible, however,
even if these objects are civilian foodstuffs and other objects protected under article 14.
This exception is limited to the immediate zone of actual armed engagements, as is
obvious from the examples provided of military objects used in direct support of
military action: "bombarding a food-producing area to prevent the army from advancing
through it, or attacking a food-storage barn which is being used by the enemy for cover
or as an arms depot, etc."92
The provisions of Protocol I, article 54 are also useful as a guideline to the narrowness
of the permissible means and methods of attack on foodstuffs.93 Like article 14 of
Protocol II, article 54 of Protocol I permits attacks on military food supplies. It
specifically limits such attacks to those directed at foodstuffs intended for the sole use of
the enemy's armed forces. This means "supplies already in the hands of the adverse
party's armed forces because it is only at that point that one could know that they are
intended for use only for the members of the enemy's armed forces.@94 Even then, the
attacker cannot destroy foodstuffs "in the military supply system intended for the
sustenance of prisoners of war, the civilian population of occupied territory or persons
classified as civilians serving with, or accompanying, the armed forces."95
Proof of Intention to Starve Civilians
Under article 14, what is forbidden are actions taken with the intention of using
starvation as a method or weapon to attack the civilian population. Such an intention
may not be easy to prove and most armies will not admit this intention. Proof does not
rest solely on the attacker's own statements, however. Intention may be inferred from the
totality of the circumstances of the military campaign.
Particularly relevant to assessment of intention is the effort the attacker makes to comply
with the duties to distinguish between civilians and military targets and to avoid harming
civilians and the civilian economy.96 If the attacker does not comply with these duties,
and food shortages result, an intention to attack civilians by starvation may be inferred.
The more sweeping and indiscriminate the measures taken which result in food
shortages, when other less restrictive means of combat are available, the more likely the
real intention is to attack the civilian population by causing it food deprivation. For
instance, an attacker who conducts a scorched earth campaign in enemy territory to
deprive the enemy of sources of food may be deemed to have an intention of attacking
by starvation the civilian population living in enemy territory. The attacker may not
claim ignorance of the effects upon civilians of such a scorched earth campaign, since
these effects are a matter of common knowledge and publicity. In particular, relief
organizations, both domestic and international, usually sound the alarm of impending
food shortages occurring during conflicts in order to bring pressure on the parties to
permit access for food delivery and to raise money for their complex and costly
operations.
The true intentions of the attacker also must be judged by the effort it makes to take
prompt remedies, such as permitting relief convoys to reach the needy or itself supplying
food to remedy hunger. An attacker who fails to make adequate provision for the
affected civilian population, who blocks access to those who would do so, or who
refuses to permit civilian evacuation in times of food shortage, may be deemed to have
the intention to starve that civilian population.
90 International Committee of the Red Cross, Commentary on the Additional Protocols of 8 June 1977 to the Geneva
Conventions of 12 August 1949 (Martinus Nijhoff Publishers: Geneva 1987), p. 1456.
93 Article 54 of Protocol I is the parallel, for international armed conflicts, to article 14, Protocol II in its prohibition on
starvation of civilians as a method of warfare.
SOURCE: https://www.hrw.org/reports/1999/sudan/SUDAWEB2-79.htm#P2696_512802