II. REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF
INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT
to civilians, but also an examination of the context in which such harm
occurred. In order to examine the legality of a specific attack, international
humanitarian law contains three main principles that all parties need
to observe at all times to respect civilians and the civilian population:
distinction, proportionality and precaution.
The principle of distinction requires the parties to a conflict to distinguish
at all times between civilians and combatants, and attacks to be directed
only against combatants. Parties to the conflict should distinguish
themselves from civilians by using distinctive uniforms or other forms of
identification. The parties to a conflict must at all times distinguish between
civilian objects and military objectives, and attacks may be directed only
against military objectives. Indiscriminate attacks, i.e., attacks that do not
distinguish between military and non-military objectives, are prohibited.
According to the principle of proportionality, launching an attack which
may be expected to cause incidental loss of civilian life, injury to civilians
or damage to civilian objects that would be excessive in relation to the
concrete and direct military advantage anticipated is prohibited.
With regard to the precautions to be adopted in the conduct of military
operations, constant care must be taken to spare civilians and civilian
objects in any attack. All feasible precautions must be taken to prevent, or
in any event minimize, incidental loss of civilian life, injury to civilians and
damage to civilian objects. Precautionary measures include the obligation
to verify that a target is in fact a lawful military objective and also to give
advance warning to civilians in the vicinity so they may leave the area.
(b) International human rights law
The principle of distinction is unknown in international human rights law,
while the principles of proportionality and precaution apply also to any
use of force in international human rights law, but because there is no
distinction between civilians and combatants they have more beneficiaries.
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents