PROTECTION OF THE CIVILIAN POPULATION

Question 1

PRINCIPLE OF DISTINCTION

Answer 1

All times distinguish between the civilian population /and combatants
+ between civilian objectives /and military objectives

Operations ONLY against military objectives

Question 2

CIVILIAN

Answer 2

= any person who does not belong to one of the categories of combatants in that moment
Civilians lose their protection whenever they engage directly in hostilities.

Civilians shall enjoy general protection against dangers arising from military operations.

Civilian population

• not be the object of attack
• reprisals are prohibited
• no acts or threats of violence with the intent to spread terror

Question 3

OBJECTIVES

Answer 3

The concept of military objectives and civilian objectives is FLEXIBLE - it depends on the situation

MILITARY objectives:
BY NATURE - weapon factories, tanks…
BY LOCATION - abandoned building on the top of a hill
BY PURPOSE - not military by nature but decided to use that object during the war
BY USE - dual-use objects are considered military
make an EFFECTIVE CONTRIBUTION TO MILITARY ACTION
and whose total or partial destruction, IN THE CIRCUMSTANCES RULING AT THE TIME,
offers a DEFINITE MILITARY ADVANTAGE

In case of doubt: presumed NOT to be military

BANNED “target area bombing” when there are a series of military objectives located in a city with a similar concentration of civilians

Question 4

PRINCIPLE OF PROPORTIONALITY

Answer 4

(‘collateral damage’ not always illegal, discretion interpretation)
An attack that may cause an incidental loss of civilian life would be excessive in relation to the concrete and direct military advantage anticipated = if the military advantage you obtain from bombing a certain military objective is huge, then a bigger number of civilian casualties will be allowed.
Evaluation has to be done EX ANTE

Question 5

PRINCIPLE OF PRECAUTION

Answer 5

Those who plan an attack shall:

• verify that the objectives are not civilians
• take all feasible precautions in the choice of means and methods
• refrain from causing incidental loss of civilian life

An attack shall be cancelled if it becomes apparent that the objective is NOT a military one / or which would be excessive
- obligation valid also for the attacker himself

!) Effective advance warning to civilian population (sirens) - ‘unless circumstances fo not permit’

Question 6

Duties of the party UNDER ATTACK

Answer 6

• Prohibition to use civilian as human shields - both physical and legal obstacle = serious violation of IHL
• Remove civilian pop from the vicinity of military objectives
• avoid locating military objectives near densely populated areas
• take precautions to protect the civilian population