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Military necessity is governed by several constraints: 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; [1] and the harm caused to civilians or civilian property must be proportional and not "excessive in relation to the concrete and direct military advantage anticipated".
Any attack must be justified by military necessity: 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, [1] and the harm caused to protected civilians or civilian property must be proportional and not "excessive in relation to the concrete and direct military advantage ...
While the 1954 Hague Convention requires States not to make any cultural property the object of attack except for cases of 'military necessity', the Second Protocol stipulates that cultural property under enhanced protection must not be made a military target, even if it has (by its use) become a 'military objective'. An attack against cultural ...
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 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.
The United States on Wednesday urged Israel to protect civilian lives and cultural sites in Lebanon after Israel began heavy airstrikes on the historic city of Baalbek and surrounding villages in ...
A military take-over or coup is an example where this balance is used to change the government. Ultimately, the military must accept that civilian authorities have the "right to be wrong". [4] In other words, they may be responsible for carrying out a policy decision they disagree with. Civilian supremacy over the military is a complicated matter.
It is reflected in Article 48 of Additional Protocol I of 1977 to the 1949 Geneva Conventions for the Protection of War Victims, entitled "Basic rule": "the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their ...