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PRINCIPLES OF IHL DEVELOPED - Coggle Diagram
PRINCIPLES OF IHL DEVELOPED
PPLE OF PROPORTIONALITY
INCIDENTAL DAMAGE=MILITARY ADVANTAGE
MIL ADVANTAGE
destroy enemy
concrete and direct
anticipated
COLLATERAL INCIDENTAL DAMAGES
case-by-case
refrain from action
if unpredictable
if complex, civilian priority
PPLE OF PRECAUTION
obligations of behaviour for belligerents
decisions at command level
attack carefully planned
attack in progress stopped if incidental damage higher than expected
if choice btw mil objectives, choose the least dangerous for civilian
Advance warning of attack if effective, clear and reliable
PPLE OF DISTINCTION
Prohibition on targeting civilian persons
immune
civilian
militaries that abstain from hostile act:
hors de combat: surrendered, wounded, sick or shipwrecked
personnel parachuting in distress
medical and religious personnel
war correspondents
not immune
combatant
civilian involved in hostilities
threshold of harm
adverse effects of military operations/capacity
death, injury or destruction to people/property proteced against direct attack
direct causation
link btw act and harm, integral
belligerent nexus
purpose; cause threshold of damage to enemy
direct
Prohibition on targeting civilian objects
only MILITARY OBJECTIVES may be targeted
criteria
effective contribution to mil. action
attack must offer definite mil advantage
examples
mil objectives
establishments that house enemy combatants, material and weapons
economic targets
dual-use facilities: means of transport & communication
civilian objects
civilian areas, means of transport, medical establishments, historical monuments, places of worship...
specific prohibitions
historical monuments
works of art
places of worship
natural environment
assets essential for the survival of the civilian population
works or facilities containing dangerous forces
safe zones
undefended or open towns or non-defended localities
declared unilaterally by 1 belligerent
evacuation of combatants, mobile weapons and mil equipment
no hostile use of fixed mil installations
no acts of hostility by authorities or population
no activity in support of mil operations
demilitarized zones
express agreement, times of peace or armed conflict
no-fly zones
flight of aircraft is restricted or prohibited
not regulated by convention but by decision of state or third
neutralized zones
areas to protect wounded, combatants, civilians
The prohibition placed on indiscriminate attacks
not directed against a specific mil objective
means that cannot be directed against a specific mil objective
means whose effects cannot be limited