![]() The Liber Code defines the prohibited activity as, “in general, … any act of hostility that make the return to peace unnecessarily difficult. The principal of military necessity prohibits things such as wounding or permanently injuring an opponent except during the fight, torture to exact confessions and other activities simply used to inflict additional damage on the enemy that does not further the military objective. (3) Military Necessity– “…very injury done to the enemy, even though permitted by the rules, is excusable only so far as it is absolutely necessary everything beyond that is criminal.” – Napoleon. This principle brings with it an obligation to consider all options when making targeting decisions: verify the target, timing (is there a time when fewer civilians will be around?), weapons used, warnings and evacuations for civilian populations. Proportionality is not a requirement if the target is purely military. This means that when considering a target the damage to civilians and their property cannot be excessive in relation to the military advantage gained. The key here is the word incidental, meaning outside of the military target. (2) Proportionality – “Loss of life and damage to property incidental to attacks must not be excessive in relation to the concrete and direct military advantage expected to be gained.”. This does not mean that civilians cannot be legally harmed or killed under the law only that civilians and civilian property should not be the object or the purpose of the attack. For example, it does not prohibit the use of violence per se, nor is it concerned with the purpose of any conflict, nor does it protect all persons affected by armed conflict, especially combatants directly engaged in hostilities who may lawfully be killed.(1) Distinction– “In order to ensure respect for and protection of the civilian population and civilian objects, 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 shall direct their operations only against military objectives.” The only legitimate object of attack in an armed conflict is military personnel or property. There are certain aspects that IHL does not regulate. At the same time, the law of armed conflicts is complex since it does apply only in certain situations, those situations are not always easily definable in concrete terms and, depending on the situation, one and the same act can be lawful or unlawful, not merely unlawful but a criminal offence, or neither lawful nor unlawful!. To put things as simply as possible, these rules can be summed up in four precepts: do not attack non-combatants, attack combatants only by legal means, treat persons in your power humanely, and protect the victims. ![]() IHL is both simple and complex in terms of its objectives, underpinning principles and related challenges:
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