1. 372 all prohibited under Article 4 (2) of AP II. 373 Finally,Article 8 (2)(e) leeS does not incorporate attacks which cause disproportionateinddental civilian damage' as war crime committed in a non-international anned conflict. 3 ?4 Thenon-incIusion ofthese crjmes in Article 8 (2)(e) ICCS is partly due to the fact that some States have aigued thatthese crimes have not yet reached the status of customary inteniation81lavi. 375 In particular;examples that have not been incorporated as war crimes ~ommitted in non-international anned conflicts in Article