international law of armed conflict
Answers
Question 1: rationale behind regulation of armed conflict
Question 2: Briefly outline fundamental principles governing conduct of warfare on land.
Principle of Military Necessity
That principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. This principle limits those measures not forbidden by international law to legitimate military objectives whose engagement offers a definite military advantage.
The goal of military necessity is to identify and pursue lawful military objectives that achieve the conflict‟s aims and swift termination. “Only a military target is a lawful object of direct attack.
By their nature, location, purpose, or use, military targets are those objects whose total or partial destruction, capture, or neutralization offer a [definite] military advantage.” Though this definition closely resembles article 52.2 of AP I, which the United States has not yet ratified, some differences exist.
Principle of Discrimination or Distinction
The principle of distinction is sometimes referred to as the “grandfather of all principles,” as it forms the foundation for much of the Geneva Tradition of the law of armed conflict. The essence of the principle is that military attacks should be directed at combatants and military targets, and not civilians or civilian property. AP I, art. 48 sets out the rule: “[p]arties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” Principle of Proportionality
The test to determine if an attack is proportional is found in AP I, art. 51(5)(b): “[a]n attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be
Question 1: rationale behind regulation of armed conflict
Question 2: Briefly outline fundamental principles governing conduct of warfare on land.
Principle of Military Necessity
That principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. This principle limits those measures not forbidden by international law to legitimate military objectives whose engagement offers a definite military advantage.
The goal of military necessity is to identify and pursue lawful military objectives that achieve the conflict‟s aims and swift termination. “Only a military target is a lawful object of direct attack.
By their nature, location, purpose, or use, military targets are those objects whose total or partial destruction, capture, or neutralization offer a [definite] military advantage.” Though this definition closely resembles article 52.2 of AP I, which the United States has not yet ratified, some differences exist.
Principle of Discrimination or Distinction
The principle of distinction is sometimes referred to as the “grandfather of all principles,” as it forms the foundation for much of the Geneva Tradition of the law of armed conflict. The essence of the principle is that military attacks should be directed at combatants and military targets, and not civilians or civilian property. AP I, art. 48 sets out the rule: “[p]arties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” Principle of Proportionality
The test to determine if an attack is proportional is found in AP I, art. 51(5)(b): “[a]n attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be