Core Principles Related to Conduct of Hostilities ATHA Specialized Training on International Humanitarian Law May 31, 2010 Stockholm, Sweden

Conduct of Hostilities  Limits the rights of parties to a conflict to use the methods and means of warfare of their choice.  Defines proper and permissible uses of weapons and military tactics.  Based on principles of distinction and proportionality as well as the prohibition to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.  More specific rules were developed: Prohibition of direct attacks against civilians, civilian population, and civilian objects. Prohibition of indiscriminate attacks. Obligation to take precautionary measures with a view to avoiding (or minimizing) incidental loss of civilian life, injury to civilians, and damage to civilian objects.

Military Necessity Justification of those measures otherwise prohibited by international law which are indispensable for securing the complete submission of the enemy as soon as possible. The principle whereby a belligerent has the right to apply any measures which are required to bring about the successful conclusion of a military operation and which are not forbidden by the laws of war.

Principle of Distinction Article 48, AP I “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.”

AP I, Article 52 “Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their: 1. NATURE 2. LOCATION 3. PURPOSE or 4. 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.”

Indiscriminate Attacks Article 51(4), (5), AP I “Those which are not directed at a specific military objective; Those which employ a method or means of combat which cannot be directed at a specific military objective; or Those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction. … an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects;”

Principle of Proportionality Rule 14, ICRC Customary Law Study “Launching an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damages to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated, is prohibited.” Article 51(5)(b), AP I “Force should be sufficient to destroy a given military objective without resulting in: “suffering, injury or destruction to non combatants or civilian objects which would be excessive in relation to the concrete and direct military advantage anticipated.”

Limitations on Collateral Damage AP I, Art. 58 “The Parties to the conflict shall, to the maximum extent feasible: (a) … endeavor to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives; (b) avoid locating military objectives within or near densely populated areas; (c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.”

Precautionary Measures Rule 15, ICRC Customary Law Study “During the conduct of military operations constant consideration must be given to spare the civilian population, civilians and civilian objects. All feasible precautions must be taken to avoid and in any event to minimize incidental loss of civilian life, injury to civilians and damage to civilian objects.”

Additional Tactics  Perfidy  Ruses of war  Terror  Starvation  Human shields