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  • Conduct of Hostilities I. International Law On Conduct of Hostilities: Overview

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    Xirkul Tupas
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    This document summarizes international law around the conduct of hostilities during armed conflict. It aims to balance legitimate military action with reducing human suffering, especially among civilians. The basic rule is that parties must distinguish between civilians/civilian objects and military objectives/combatants, and only direct attacks against the latter. It also describes principles like only attacking military objectives, prohibiting disproportionate incidental civilian harm, and taking precautions to minimize civilian harm. Military objectives are defined as objects that effectively contribute to the enemy's military action by nature, location, purpose, or use, and whose destruction provides a definite military advantage.

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    This document summarizes international law around the conduct of hostilities during armed conflict. It aims to balance legitimate military action with reducing human suffering, especially among civilians. The basic rule is that parties must distinguish between civilians/civilian objects and military objectives/combatants, and only direct attacks against the latter. It also describes principles like only attacking military objectives, prohibiting disproportionate incidental civilian harm, and taking precautions to minimize civilian harm. Military objectives are defined as objects that effectively contribute to the enemy's military action by nature, location, purpose, or use, and whose destruction provides a definite military advantage.

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    8 views2 pages

    Conduct of Hostilities I. International Law On Conduct of Hostilities: Overview

    Uploaded by

    Xirkul Tupas
    This document summarizes international law around the conduct of hostilities during armed conflict. It aims to balance legitimate military action with reducing human suffering, especially among civilians. The basic rule is that parties must distinguish between civilians/civilian objects and military objectives/combatants, and only direct attacks against the latter. It also describes principles like only attacking military objectives, prohibiting disproportionate incidental civilian harm, and taking precautions to minimize civilian harm. Military objectives are defined as objects that effectively contribute to the enemy's military action by nature, location, purpose, or use, and whose destruction provides a definite military advantage.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Conduct of Hostilities

    I. International Law on Conduct of hostilities: Overview


    International law on the conduct of hostilities regulates and limits the methods and
    means of warfare used by parties to an armed conflict. It aims to strike a balance
    between legitimate military action and the humanitarian objective of reducing human
    suffering, particularly among civilians.
    II.THEPROTECTIONOFTHECIVILIANPOPULATIONAGAINSTTHEEFFECTSOFHOSTILITIES
    Basicrule:Art.48ofProtocolI
    Inordertoensurerespectforandprotectionofthecivilianpopulationandcivilianobjects,
    thePartiestotheconflictshallatalltimesdistinguishbetweenthecivilianpopulationand
    combatantsandbetweencivilianobjectsandmilitaryobjectivesandaccordinglyshalldirect
    theiroperationsonlyagainstmilitaryobjectives.
    TotakeintoconsiderationthattheonlylegitimateobjectwhichStatesshouldendeavortoaccomplishduringwaris
    toweakenthemilitaryforcesoftheenemy;Thatforthispurposeitissufficienttodisablethegreatestpossible
    numberofmen.
    FieldofApplication

    a) acts of violence in defence and offence


    b) nomatterwhere,includingattacksonthepartysownterritoryunder
    enemycontrol
    c) attacksfromland,airorseaaffectingthecivilianpopulationonland
    Principles
    a)onlymilitaryobjectivesmaybeattacked
    b)evenattacksdirectedatmilitaryobjectivesareprohibitediftheexpectedincidentaleffectsonthecivilian
    populationareexcessive
    c)evenwhenanattackdirectedatamilitaryobjectiveisnotexpectedtohaveexcessiveeffectsonthecivilian
    population,allfeasibleprecautionarymeasuresmustbetakentominimizethoseeffects
    Definitionofmilitaryobjectives
    UnderthedefinitionprovidedinArticle52(2)ofProtocolI,anobject[195]must
    cumulatively[196]meettwocriteriatobeamilitaryobjective.
    First,theobject,byitsnature,location,purposeoruse,hastocontributeeffectively
    tothemilitaryactionoftheenemy.
    Naturereferstotheobjectsintrinsiccharacter.
    Locationadmitsthatanobjectmaybeamilitaryobjectivesimplybecauseitissituatedinanareathatisa
    legitimatetarget.
    Purposereferstotheenemysintendedfutureuse,basedonreasonablebelief.

    Usereferstothecurrentfunctionoftheobject.
    Second,theobjectsdestruction,captureorneutralizationhastoofferadefinitemilitaryadvantagefortheattacking
    side.

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