Overview
This lecture explains key principles of international humanitarian law (IHL) governing how wars are conducted to protect civilians and limit destruction.
Purpose and Basis of IHL in Warfare
- IHL sets agreed rules for conducting warfare to protect civilian populations.
- Rules specify lawful targets and permissible methods of attack.
- IHL balances military necessity with humanity.
- These rules apply regardless of the reasons behind the conflict.
Core Principles of IHL
- Three main principles: distinction, proportionality, and precautions.
- All three principles must be respected for attacks to be lawful.
Principle of Distinction
- Parties must always distinguish between civilians and combatants, and between civilian and military objects.
- Attacks on military objectives (including combatants) are permitted.
- Civilians, the civilian population, and civilian objects must never be attacked.
- Indiscriminate attacks, which fail to distinguish targets, are prohibited.
Principle of Proportionality
- Attacks likely to cause excessive incidental civilian loss compared to expected military advantage are forbidden.
- Civilian losses must not outweigh the concrete and direct military gain.
Principle of Precautions
- Constant care must be taken to protect civilians during military operations.
- Active precautions: verify targets, cancel or suspend attacks if targets aren't military objectives, give effective advance warnings when possible.
- Passive precautions: take all feasible steps to shield civilians and civilian objects under one's control from attack effects.
Combined Role of the Principles
- Distinction, proportionality, and precautions work together to limit suffering and destruction during war.
- These principles aim to reduce war’s most devastating effects, even if they cannot prevent wars entirely.
Key Terms & Definitions
- International Humanitarian Law (IHL) — Legal rules regulating armed conflict to protect civilians.
- Distinction — Differentiating between combatants/military objectives and civilians/civilian objects.
- Proportionality — Ensuring civilian harm is not excessive compared to anticipated military advantage.
- Precautions — Active and passive measures to protect civilians and civilian objects during attacks.
- Indiscriminate Attacks — Attacks that do not distinguish between military and civilian targets.
Action Items / Next Steps
- Review examples of each principle in recent conflicts.
- Prepare questions on practical challenges in applying these rules.