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Distinction is a principle under international humanitarian law governing the legal use of force in an armed conflict. Belligerents must distinguish between combatants and civilians.[1] Distinction and proportionality are important factors in assessing military necessity in that the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated by an attack on a military objective. [2] International Humanitarian Law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus comprised of the Geneva Conventions and the Hague Regulations, as well as subsequent treaties, case law, and customary international law. ...
The two parts of the laws of war (or Law of Armed Conflict (LOAC)): Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello; while law concerning allowable justifications for armed force is called jus ad bellum. ...
A belligerent is an individual, group, country or other entity which acts in an aggressive or hostile manner, such as engaging in combat. ...
A combatant is a person who takes a direct part in the hostilities of an armed conflict who upon capture qualifies for prisoner of war under the Third Geneva Convention (GCIII). ...
In times of armed conflict a civilian is any person who is not a combatant. ...
Within law, the principle of proportionality is used to describe the idea that the punishment of a certain crime should be in proportion to the severity of the crime itself. ...
Military necessity along with distinction, and proportionality are three important principles of international humanitarian law governing the legal use of force in an armed conflict. ...
Chapter II: "Civilians and Civilian Population" of Protocol I Additional to the Geneva Conventions covers distinction. Article 50 defines who is a civilian and what is a civilian population. Article 51 describes the potection which should be given to civilian populations. Chapter III regulates the targeting of civilian objects. Article 8(2)(b)(i) Rome Statute of the International Criminal Court also prohibits attack directed against civilians. Not all states have ratified Protocol I or the Rome Statute, but it is an accepted principle of international humanitarian law that the direct targeting of civilians is a breach of the customary laws of war and is binding on all belligerents. Protocol I: Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. ...
Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International...
Luis Moreno-Ocampo Chief Prosecutor at the International Criminal Court investigated allegations of War Crimes during 2003 invasion of Iraq and he published an open letter containing his findings. In a section titled "Allegations concerning War Crimes" elucidates this use of distinction: Luis Moreno-Ocampo (born 1952, Buenos Aires) is the Chief Prosecutor of the International Criminal Court (ICC). ...
Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ...
In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...
In March 2003, the United States and its allies, the United Kingdom, Australia and Poland invaded Iraq. ...
| “ | Under international humanitarian law and the Rome Statute, the death of civilians during an armed conflict, no matter how grave and regrettable, does not in itself constitute a war crime. International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives,[2] even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8(2)(b)(iv). Article 8(2)(b)(iv) criminalizes:
Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; Article 8(2)(b)(iv) draws on the principles in Article 51(5)(b) of the 1977 Additional Protocol I to the 1949 Geneva Conventions, but restricts the criminal prohibition to cases that are "clearly" excessive. The application of Article 8(2)(b)(iv) requires, inter alia, an assessment of:
(a) the anticipated civilian damage or injury;
(b) the anticipated military advantage;
(c) and whether (a) was "clearly excessive" in relation to (b).[3] Protocol I: Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. ...
Development of the Geneva Conventions from 1864 to 1949. ...
This page includes English translations of several Latin phrases and abbreviations such as . ...
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See also
The Legality of the Threat or Use of Nuclear Weapons[1] was an advisory opinion handed down by the International Court of Justice (ICJ) on 8 July 1996. ...
References Luis Moreno-Ocampo (born 1952, Buenos Aires) is the Chief Prosecutor of the International Criminal Court (ICC). ...
February 9 is the 40th day of the year in the Gregorian calendar. ...
Further reading Footnotes - ^ Joel Greenberg Civilians, Illegal Targeting of
- ^ a b Article 52 of Additional Protocol I to the Geneva Conventions provides a widely-accepted definition of military objective: "In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or 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" (Source: Luis Moreno-Ocampo References page 5, footnote 11).
- ^ Luis Moreno-Ocampo References See section "Allegations concerning War Crimes" Pages 4,5
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