Lesson 8 Flashcards
What does Article 48 of Additional Protocol I (AP I) say about targeting?
It requires parties to distinguish between civilians and combatants, and between civilian objects and military objectives. (Crawford & Pert, 2024)
Crawford & Pert (2024), what qualifies as a military objective under Article 52(2) AP I?
Objects that by nature, location, purpose, or use make an effective contribution to military action and whose destruction offers a definite military advantage.
What does Crawford & Pert say about the changing status of objects in warfare?
Article 52(2) recognizes that objects can shift status during conflict, depending on use—lawful targets may become protected, and vice versa.
According to Crawford & Pert (2024), what makes an attack indiscriminate under Articles 51(4)-(5)?
Lack of specific military target, inability to limit effects, or use of imprecise weapons—e.g., carpet bombing, SCUD missiles.
What is the principle of proportionality as outlined in Articles 51(5)(b) and 57(2)(a)(iii)?
Civilian harm must not be excessive compared to the anticipated military.
What does the Rome Statute say about violations of proportionality?
They may constitute war crimes if the harm is clearly excessive relative to the military gain.
What does Queguiner say about “feasible” precautions under Article 57 AP I?
“Feasible” means practically possible, considering both military and humanitarian concerns.
What precautions must be taken before launching an attack (Queguiner, Crawford & Pert)?
Verify targets, cancel if protection is discovered, warn civilians, and choose methods minimizing civilian risk.
What if all precautions are taken, but civilians are still harmed(Queguiner)?
Unintentional harm may not be unlawful if all feasible precautions were followed.
What must defending parties do under Article 58 AP I (Queguiner)?
Remove civilians from conflict zones, avoid placing military assets near civilians, take measures like shelters.
What does shared responsibility mean in IHL?
Both attackers and defenders must protect civilians. One side’s violations don’t justify the other’s. (Queguiner)
What types of objects receive special protection under IHL? (Crawford & Pert)
Cultural property, environment, medical facilities, dangerous installations, civilian survival items, and civil defence zones.
When can these specially protected objects be lawfully attacked? (Crawford and Pert)
Only if used for military purposes and no feasible alternative exists. Even then, proportionality still applies.
According to the Danish Military Manual, when can dual-use objects be targeted?
When they meet the Article 52(2) criteria—making an effective contribution to military action and providing a concrete military advantage.
What challenge does dual-use pose in targeting?
It complicates classification, especially in urban areas where civilian and military use overlap. (Crawford & Pert; Danish Manual)
What IHL violations occurred in Ukraine according to Amnesty International?
Ukraine placed forces in civilian areas, but Russia still committed war crimes by attacking those zones using indiscriminate weapons like cluster munitions.
- Man lived next to soldairs base, gave food. Bombing.
Is it a violation of IHL to attack a civilian area even if opposing forces are stationed there?
Yes, if the attack is indiscriminate or disproportionate, it violates IHL—regardless of the other side’s behavior.
Additional protocol I, art. 51(3)
Give an example of when a civilian may lose protection from attack
If a civilian uses a radio to report enemy troop movements, they are directly participating in hostilities. (Crawford & Pert, 2024).
