LEsson 8 Questions Targeting Flashcards
(13 cards)
How are distinction, proportionality, and discrimination reflected in IHL on civilian protection?
AP I Arts. 48, 51, 57: Distinction (no attacks on civilians/objects), Proportionality (civilian harm not excessive to military gain), Prohibits indiscriminate attacks.
Who is considered a civilian under IHL?
Anyone not a member of armed forces or organized armed group (AP I Art. 50(1)). Presumed civilian in case of doubt. Can lose protection if directly participating in hostilities.
What is the status of civilians taking direct part in hostilities?
Lose protection while participating (AP I Art. 51(3)). No PoW status. May be prosecuted. Regain protection once they stop (revolving door principle).
What is the status of members of non-state organized armed groups?
In NIACs, they are lawful targets if they have a continuous combat function, but have no PoW status. Protected under Common Art. 3 and HR law.
Can members of non-state organized armed groups be targeted?
Yes, if they have continuous combat function, they can be targeted at any time, not just while participating.
What rules must an Occupying Power follow in occupied territory?
GC IV: Treat civilians humanely (Art. 27), no deportations (Art. 49), no collective punishment (Art. 33), ensure food/medicine (Art. 55), maintain order (Hague Art. 43).
What is the level of protection for civilians in NIACs?
Protected by Common Art. 3, customary IHL (distinction, proportionality), and HR law. No protected person status under GC IV.
To what extent are detained civilians protected in NIACs?
Common Art. 3 and HR law: humane treatment, no torture, fair trial. AP II strengthens protections but no PoW or GC IV status.
When is an object a military objective?
If by nature, location, purpose, or use it contributes to military action and its destruction offers a definite military advantage (AP I Art. 52(2)).
What are the legal challenges of targeting dual-use objects?
Must meet AP I Art. 52(2) and comply with proportionality. If civilian harm is excessive, it becomes unlawful even if militarily useful.
What is the current debate on reprisals against civilians?
Schmitt: ICRC guidance is too restrictive, harms operational necessity. Amnesty: Any attack on civilians is illegal, reprisals forbidden (AP I Art. 51(6)).
What is the ‘belligerent nexus’ in direct participation?
Act must support a party to the conflict, not personal. Only then does civilian lose protection. ICRC uses this as part of direct participation definition.
What is the legal effect of Common Article 3 in targeting?
Applies to NIACs. Prohibits targeting civilians and requires humane treatment. Also a foundation for customary IHL and AP II protections.
