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The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). [1] [2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
In the area of international humanitarian law, four 1949 Geneva Conventions, the 1977 Additional Protocols and customary international humanitarian law are the source of the rights and protections for various categories of persons in the context of international armed conflicts, and also non international armed conflicts. [15]
International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, [4] 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 ...
International humanitarian law (IHL), also known as the law of war or the law of armed conflict, is the area of public international law which aims, “for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare”.
While International Humanitarian Law (IHL) does prohibit attacks on protected civilians, the precautions that a power must take before an attack remain ill-defined. Proportionality remains a nebulous standard that does not set a predictable standard for when a military action against a human shield would be considered lawful.
To be legal, aerial operations must comply with the principles of humanitarian law: military necessity, distinction, and proportionality: [1] An attack or action must be intended to help in the military defeat of the enemy; it must be an attack on a military objective, and the harm caused to protected civilians or civilian property must be ...
Post-strike bomb damage assessment photograph of Obrva Airfield, Serbia used in a Pentagon press briefing, May 5, 1999. A legitimate military target is an object, structure, individual, or entity that is considered to be a valid target for attack by belligerent forces according to the law of war during an armed conflict.