Chapter II. The Prohibition of Attacks Directed at Civilians or Civilian Objects and of Disproportionate Attacks as the Core Component of the Principle of Distinction in the Conduct of Hostilities in International Humanitarian Law

The ICRC Library is home to unique collections retracing the parallel development of humanitarian action and law during the past 150+ years. With the core of these collections now digitized, this reference library on international humanitarian law (IHL) and the International Committee of the Red Cross (ICRC) is a resource available to all, anytime, anywhere.


2005 ◽  
Vol 38 (3) ◽  
pp. 24-79 ◽  
Author(s):  
Amichai Cohen

This article seeks to evaluate Israel's implementation of the international law of occupation in the territories which it came to control after the Six-Day War, from a new perspective. Many scholars have criticized or justified specific Israeli policies by comparing them to specific norms of international law. Contrary to this scholarship, this article addresses the questions at the core of current debates over the implementation of international law: Why has Israel chosen to implement some specific rules of international law and to ignore others? And what caused the changes in Israel's implementation of international law?Some of the answers to these questions can be found by examining the interests of various institutions involved in the implementation of International law, and the interplay between them. I suggest that in order to understand Israel's initial behavior one must look at the interests, goals and culture of the Israeli army, the IDF, the institution initially responsible for administering the territories. I shall further argue that subsequent changes in policies are a result of the struggle between the IDF and other Israeli institutions attempting to gain influence over the way the territories were controlled.


2010 ◽  
Vol 16 (1) ◽  
pp. 78-95 ◽  
Author(s):  
Roderic Alley

Whether they are nationals reporting wars occurring within their countries or international news media staff, journalists are facing growing dangers when covering conflict events. As civilians, they are protected to some extent by international humanitarian law (IHL). But what are these rules and how adequate is such coverage? The article details the core elements of IHL, its relevance for journalists and key issues of implementation and compliance. The news media profession has attempted in the last decade to strengthen normative protections which are discussed. The issue is viewed as one of continuing salience for the Pacific. The article concludes by observing that the issue of protection in combat for journalists is something that the profession has to confront systematically.


2018 ◽  
pp. 431-462
Author(s):  
Geoffrey S. Corn

Aleppo, Syria—a city that will join the infamous likes of Nanking, Stalingrad, Manila, Berlin, Hue, Panama City, Mogadishu, Grozny, and Donetsk as one of modern history’s worst urban war zones. Much of the destruction in this city is the result of indirect fires and air-delivered munitions. Indeed, this is the case in Aleppo; the now-infamous “barrel bomb” has become synonymous with indiscriminate Syrian government attacks against rebel-held areas of the city. In response to the humanitarian dangers associated with the use of such weapons in urban and built-up areas, there is a growing trend among international humanitarian law advocates to severely restrict—or even ban outright—the use of fires, high-explosive munitions, and associated weapons systems in built-up civilian population centers. These humanitarian initiatives reveal that for proponents of such restraint, the “problem” of high explosives in populated areas, whether delivered by indirect fire systems or air assets, is critical. The core premise of this chapter is that new restrictions on urban fires may actually exacerbate civilian risk and that fires in support of urban operations are not only operationally essential, but may, when properly employed, actually reduce risk to civilians and civilian property. Accordingly, civilian risk mitigation efforts should continue to focus on enhancing commitment to and compliance with already existing attack precautions and law of armed conflict (LOAC) targeting obligations.


Author(s):  
Cassandra Steer ◽  
Dale Stephens

International humanitarian law (IHL) is applicable in outer space as a matter of international law, yet there are some challenges when it comes to specific principles and rules. The kinds of weapons that have been and might be used in space are discussed, as well as the ways in which space assets are used with respect to conflicts on Earth. An analysis then follows of the core principles of IHL and how they apply in space: the principles of distinction, proportionality, and precaution in attack. While it is imperative that States recognize the applicability of IHL to all their activities in space that involve conflicts on Earth and/or in space, care must be taken in weighing the traditional principles and their application to this new domain. As the technology that increases warfighting capability advances, so does the imperative to understand the applicable legal framework for the use of such technology.


2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.


Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


Sign in / Sign up

Export Citation Format

Share Document