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Principles of IHL - Coggle Diagram
Principles of IHL
Princile of Precaution
Systimatically obtaning reliable information
Obligation of belligerents
Attack carefully planned
Decisions are taken by experienced officers
in case of higher incidental damage
Attack must refrained/stopped
Choice of several military actions
obtainment of the same advantage
action which will have lowest effect on civilians
Advance warning of the attack
When circumsatnces allow
Clear
Reliable
Effective
Principle of Distinction
Article 48 of AP.I
respect for and protection of the civilian population
distinguish between the civilian population and combatants
prohibition attacks on:
Persons not participating in
hostilities
Civilian objects
What are civilian objects?
all objects which are not military objectives
Civilian population
do not participate directly in hostilities
immunity from attacks
Who has immunity?
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Article 50 of AP. I
Article 4 (A)
(1), (2), (3) and (6) Third Convention
describe a civilian
Article 43 of AP.I
in case of doubt
person shall be considered to be a civilian
indiscriminate attacks
Specific Prohibition
Specific Places
Works of art
Places of worship
Natural environment
Assets essential for the survival
of the civilians
Works or facilities containing
Natural environment dangerous forces
Historical monuments
“Safe zones” - not official term of IHL
Undefended or open towns/non-defended localities
Declared unilaterally by one belligerent, other party acknowledged situation
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Demilitarized zones
Area that cannot be occupied
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cannot be used for military purposes
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No-fly zones
flight of aircraft is restricted/prohibited
By decision of the State to which the airspace belongs
Neutralized zone
Areas designed to protect the wounded and sick
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Indiscriminate attacks
Not directed against a specific military objective
methods/means cannot be directed
against a specific military objective
means/methods whose effects cannot be
limited
Attacks allowed
Combatants
members of the armed forces
conduct hostilities
not immune from attacks
Military objects
What are military objectives?
cumulative criteria
make an effective contribution to military action
object must offer a definite military advantage
Persons directly participating in hostilities
Participation in hostilities
ICRC requirements
Threshold of harm
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Direct causation
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Belligerent nexus
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ICJ, Nuclear Weapons Advisory Opinion
cardinal principles
aim is protection of the civilian
Principle of proportionality
Importance?
Incidental damage
Secondary effect of attack
No degree of predectability
Complex assestmen
refrain from action
Judged on the case-by-case bases
Civilians are high priority
Military advnatage
Anticipated
Expected to achive
Concrete and Direct
Substantial and immediate
Definition
Destroy/Weaken the enemy
Gain the ground