Rule 42. Particular care must be taken if works and installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, and other installations located at or in their vicinity are attacked, in order to avoid the release of dangerous forces and consequent severe losses among the civilian population.

Practice

Volume II, Chapter 13.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International and non-international armed conflicts

When works and installations containing dangerous forces are civilian objects, they may not be made the object of attack (see Rule 7). These works and installations may only be attacked in case they qualify as military objectives (see Rule 7). Practice shows that States are conscious of the high risk of severe incidental losses which can result from attacks against such works and installations when they constitute military objectives. Consequently, they recognise that particular care must be taken in case of attack.

The detailed rules contained in Article 56 of Additional Protocol I, as well as in Article 15 of Additional Protocol II, were elaborated on the basis of this recognition. These rules are set forth in numerous military manuals. Attacks against works and installations which result in severe losses are offences under the legislation of a number of States. Military manuals and legislation of a number of other States prohibit attacks against works and installations as such.