Please enable JavaScript.
Coggle requires JavaScript to display documents.
IV- Means and methods of warfare - Coggle Diagram
IV- Means and methods of warfare
i. Principle of precaution
a) General observations
In order to respect distinction and proportionality, all parties to conflict must take all necessary precautions before launching an attack. 2 types of precautionary measures
Active measure of precaution = those take by the attacker
Passive measure of precaution = those take by the one who is object of an attack. It is only when you are sure that it is a military action that you can attack
b) Active measures of precaution (in attack)
Verification of targets
Choice of most appropriate means to attack
Effective advance warning of civilian populations by appropriate means, unless circumstances do not permit it
c) Passive measures of precaution (against the effects of an attack)
Removal of civilian populations and objects from vicinity/proximity of military objectives
Non location of military objectives in densely populated areas
All other necessary measures
ii) Principles governing the usage of weapons
I- Weapons which cause superfluous injury or unnecessary suffering
You cannot use weapons which cause superfluous injury or unnecessary suffering. 2 ways to identify the impact of weapons (to what extent it causes unnecessary suffering)
Utilitarist approach: the impact of the weapon must be balanced to the military advantage provided by the weapon
Strictly medical approach: the impact of the weapon must be determined only according to medical criteria
II- Indiscriminate weapons
These are weapons that cannot distinguish between civilians and military targets. Eg nuclear weapons
III- Conventional weapons (chemical weapons; bacteriological weapons, mines, …)
Some weapons are covered by specific conventions, e.g.:
Chemical Weapons Convention
Biological Weapons Convention
IV- New weapons: drones, robots, AI
iii) Other principles
A- Prohibition of reprisals
You cannot retaliate against civilians just because your own civilians have been attacked. Violations by one party do not justify violations by the other.
B- Prohibition of quarter (Art. 40 1P I): cannot say that there won't be any survivors
C- Prohibition of perfidy (Art. 58 AP I) = acts which invite the confidence of an adversary to lead him to believe that he is entitled or obliged to accord protection under IHL
Ruse of war = acts recklessly but not perfidious (do not invite confidence of the enemy regarding a protection under IHL) -> camouflage, misinformation, ...