Special categories Flashcards
What are the special categories?
- Protection of cultural property
- environment
- works and installations containing dangerous forces
- objects indispensable to the survival of civilian population
- non-defended localities
- demilitarised zones
Where is the protection of cultural property regulated?
1954 Hague Convention for protection of cultural property + 2 protocols
What does the protection of cultural property mean?
should neither be targeted nor misused for military purposes
Where does the rule of protection of cultural property apply (location)?
Within own territory or other states
What does the protection of the environment mean?
prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment
What are examples for installations containing dangerous forces
Dams or nuclear stations
What are examples for objects indispensable to the survival of the civilian population?
foodstuffs, agricultural areas, drinking water installations
What about non-defended localities?
- Attack is prohibited
- unilateral declaration of parties to the conflict (even if only one side agrees means no one can do so)
What are the conditions to be fulfilled to be a non-defended locality?
a) all combatants, as well as mobile weapons and mobile military equipment, must
have been evacuated;
b) no hostile use shall be made of fixed military installations or establishments;
c) no acts of hostility shall be committed by the authorities or by the population; and
d) no activities in support of military operations shall be undertaken.
What are the preconditions/requirements for a demilitarized zone?
(same as non-defended locality):
a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
b) no hostile use shall be made of fixed military installations or establishments;
c) no acts of hostility shall be committed by the authorities or by the population; and
d) any activity linked to the military effort must have ceased
Is a unilateral declaration required for a DMZ?
No, all parties need to agree on it
What does the principle of proportionality involve?
An 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 excessive in relation to the concrete and direct military advantage anticipated is indiscriminate and therefore prohibited.
For which purpose should the movement of civilian population or individual civilians not be used?
In attempts to shield military objectvies from attacks or to shield, favour or impede military operations
What kind of precautions should be taken before an attack?
- verify object is not civilian
- give effective warning
- choice of means and methods of attack to avoid/minmize incidental deaths/damages
- Obligation to refrain or cancel disproportionate attacks
If you have a choice which objective should be chosen for an attack?
The one with the least danger to civilians/civilian objects
What does the principle of military necessity permit?
Attacks that aim at weakening the military capacity of the other parties to the conflict
Are “state of necessity” or Kriegsraison within the rules of IHL?
No, both are not accepted as justifications to violate IHL
What is military advantage?
The advantage or gain that a party to the conflict anticipates will result from an attack
When is targeting lawful?
- attack has to offer definite military advantage
- ## specified and defined outcome must result from the attack
When is targeting unlawful?
- Attacks designed solely for propaganda purposes
* Attacks on purely economic targets
What is considered when doing a post hoc assessment of the lawfulness of targeting decisions?
look at those decisions in the context / circumstances surrounding the targeting decision at the time the decision was made
