The Amnesty Report for Cast Lead discusses specific international laws that Apply to Occupations.
Right after that, the report addresses international rules governing the conduct of hostilities.
There is an overlap between these two categories of international laws, that the report tries to address, as well.
The discussion about international laws governing the conflict begin on page 79 of the report.
http://amnesty.ie/sites/default/files/report/2010/04/Operation Cast Lead report July 2009.pdf
I read, with respect to rules in the conduct of hostilities:
5.1.3 RULES GOVERNING THE CONDUCT OF HOSTILITIES
Civilians and members of armed groups
Civilians are defined in international humanitarian law as those who are not combatants.
However, international humanitarian law provides a definition of combatant only with respect
to international armed conflict. There are no rules regulating combatant, or prisoner of war
(POW), status with respect to non-international armed conflicts.
In the context of the conflict in Gaza and southern Israel during the period of Operation “Cast
Lead”, Amnesty International uses the term civilians to describe people who were not taking
direct part in hostilities.136 According to Additional Protocol I, “in case of doubt whether a
person is a civilian, that person shall be considered to be a civilian.” (Article 50(1))
Political leaders involved in military strategy and planning may lose their immunity from
attack for the duration of their participation in hostilities. However, individuals who are not
taking direct part in hostilities, even if members or supporters of political groups with military
wings which are involved in the fighting, are civilians who must not be made the object of
attacks.
Prohibition on direct attacks on civilians and civilian objects – the principle of distinction
Article 48 of Additional Protocol I sets out the “basic rule” regarding the protection of
civilians – the principle of distinction. This is a cornerstone of international humanitarian
law: “In order to ensure respect for and protection of the civilian population and civilian
objects, the Parties to the conflict shall at all times distinguish between the civilian
population and combatants and between civilian objects and military objectives and
accordingly shall direct their operations only against military objectives.”
According to the Rome Statute of the International Criminal Court (ICC), intentionally
directing attacks against the civilian population as such or against individual civilians not
taking direct part in hostilities is a war crime.137
Under Article 51(3) of Additional Protocol I, civilians remain protected “unless and for such
time as they take a direct part in hostilities”.
Article 52(1) of Additional Protocol I provides that “Civilian objects are all objects which are
not military objectives.” Article 52(2) defines military objectives as “those objects which by
their nature, location, purpose or use make an effective contribution to military action and
whose total or partial destruction, capture or neutralization, in the circumstances ruling at
the time, offers a definite military advantage.” Military advantage may not be interpreted so
broadly as to render the rule ineffective. To justify under this provision attacks aimed at
harming the economic wellbeing of a state or demoralizing the civilian population in order to
weaken the ability to fight would be to distort the legal meaning of military advantage undermine fundamental principles of international humanitarian law, and pose a severe threat to civilians.
Objects that do not meet these criteria are civilian objects. In cases where it is unclear
whether a target is used for military purposes, “it shall be presumed not to be so used”
(Article 52(3)).138
No states, and very few armed political groups, admit to deliberately targeting civilians.
Direct attacks on civilians are often justified by denying that the victims are actually civilians.
Civilian immunity is also undermined by the manner in which definitions of military
objectives and civilian objects are interpreted by attacking forces.
Intentionally directing attacks against the civilian population as such or against individual
civilians not taking a direct part in hostilities is a war crime. Intentionally directing attacks
against civilian objects constitutes a war crime.
Prohibition on indiscriminate or disproportionate attacks
Article 51(4) of Additional Protocol I prohibits indiscriminate attacks, which are those “of a
nature to strike military objectives and civilians or civilian objects without distinction.”
Disproportionate attacks, a type of indiscriminate attack, are also those that “may be
expected to cause incidental loss of civilian life, injury to civilians, damage to civilian
objects, or a combination thereof, which would be excessive in relation to the concrete and
direct military advantage anticipated.” (Article 51(5b))
Intentionally launching a disproportionate attack is a war crime.139 Launching an
indiscriminate attack resulting in loss of life or injury to civilians or damage to civilian objects is also a war crime.140 In addition, the extensive destruction and appropriation of property not
justified by military necessity and carried out unlawfully and wantonly is a war crime.141