Thematic index Alphabetical index

Methods (and Means) of Warfare

  • Methods of warfare are the tactics or strategy used in the conduct of hostilities against an enemy in a situation of armed conflict.
  • Means of warfare are the weapons or weapons systems used in the conduct of these hostilities.

The law of armed conflict asserts that the only legitimate objective of war is to weaken and defeat the enemy’s military forces. The history of armed conflict illustrates the need to restrict the use of force in order to limit the risks of total war and uncontrollable destruction. This includes the risks of exterminating the enemy, but also of annihilating both parties to the conflict.

International rules limiting the use of armed force have evolved over time and through States’ experience of armed conflict. They are contained in international humanitarian law (IHL), also known as Law of armed conflict (LOAC), which regulate weapons and the conduct of hostilities, and in international criminal law (ICL), which provide for the definition and prosecution of war crimes.

Despite recurring violations, most IHL rules have gained the value of customary IHL (CIHL) and are binding on all States and parties to both international armed conflicts (IAC) and non-international armed conflicts (NIAC).

Under IHL and CIHL, the use of armed force by the parties to an armed conflict must follow precise rules, which are governed by key principles:

  • the military necessity,
  • the distinction between military and civilian persons and objects,

  • the proportionality, and precaution toward civilians - the humanitarian imperative towards victims of conflict. 

    The humanitarian imperative translates into an obligation on the parties to conflicts to respect and protect to respect and protect civilians and persons hors de combat. In concrete terms, this means:

  • the duty to protect them from attack,
  • the duty to respect their specific guarantees of treatment under IHL, and
  • the duty to allow and facilitate humanitarian assistance.

According to IHL, each party to an armed conflict must respect the rules restricting the methods and means of warfare, without any condition of reciprocity by other parties to the conflict. 

However, the lack of balance and asymmetry of military forces between the parties to a conflict may lead some belligerents to avoid direct military confrontation. This is particularly the case with nuclear deterrence. The asymmetry of forces also encourages forms of indirect military confrontation, such as suicide attacks, the use of cyber and autonomous weapons systems capable of killing from a distance, certain methods of hybrid warfare that do not allow hostile acts to be attributed to a state, the use of informal armed proxies, and the shielding of combat within the civilian population..

Asymmetric warfare can be found in both international and non-international armed conflicts, where the weapons and technological means used by the parties differ significantly.

In addition, to military asymmetry, legal asymmetry is also an important feature of NIACs. Indeed, States parties to NIACs most often label their non-State adversaries as terrorist or criminal groups, thereby limiting the application of IHL in favour of their national law. They thus deny combatant status to members of these non-State armed groups. Such situation leads to a weakening of the principle of distinction between civilians and combatants and the associated respect for and protection of civilian persons and objects.

Since 1977, the two Additional Protocols to the four Geneva Conventions of 1949 have considered the characteristics of these types of asymmetrical armed conflict. Additional Protocol I (API) extend the regulation of IAC to situations in which peoples are fighting for their right to self-determination against colonial domination, foreign occupation and racist regimes (API, art. 1(4)). Additional Protocol II (APII) applies to situations of NIAC in which State armed forces fight against dissident armed forces and/or non-State organised armed groups (APII, art. 1).

These two protocols also chose to introduce into IHL the concept of direct participation of civilians in hostilities. The aim was to consider the specific characteristics of certain situations of armed conflict in order to maintain a minimum level of protection for these civilians. They also strengthened the definition of military objectives to take into account the protection of property that may have dual civilian and military use and whose destruction must therefore comply with the principles of precaution and proportionality.

The concept of civilians directly participating in hostilities has been introduced into IHL in order to take into account the specificities of certain situations of armed conflict. The definition of military objectives includes objects which may have dual civilian and military use and whose destruction must therefore respect the principles of precaution and proportionality.

However, content of the concepts of direct participation in hostilities and acts harmful to the enemy, which govern the loss of protection for civilians, are subject to extensive and uncontrollable military interpretation.

The fundamental principle of distinction aimed at protecting civilians in armed conflict is also seriously threatened by the national legal frameworks for counterterrorism developed outside IHL by many countries. These produce legal concepts that are ambiguous and compete with IHL, such as “unlawful combatants,” “innocent civilians,” and “targeted killings,”. They dissolve elements of IHL into national counterterrorism law subject to arbitrary national security arguments.

The high human cost paid by civilians in situations of urban warfare in densely populated areas, the criminalisation of non-state enemies and the increasing intertwining of civilian and military cyber infrastructure underscore the need to maintain the application of IHL rules that limit the methods and means of warfare in order to protect civilians. 

International regulations governing the means and methods of warfare are expressed through various rules that prohibit or restrict the use of different weapons (I) and those that prohibit or restrict certain methods of warfare (II). Military commanders and other superiors are at the forefront of applying and respecting these IHL rules, the violation of which may constitute a war crime. They therefore bear personal and criminal responsibility in the event of violations. (III)

☞ War is a part of history and international relations. It is a transitional phase in inter- or intra-state relations. It must be conducted in a way that does not make a return to peace impossible. Over the years, various sources of IHL have established the rules and principles that limit the choice of methods and means of warfare.

  • The Hague Conventions of 1899 and 1907, as well as the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, set out the main rules, limitations and prohibitions on the use of force and various weapons and methods of warfare in situations of IAC and NIAC. It is the duty of military commanders and combatants to respect these rules.
  • The four Geneva Conventions of 1949, their two Additional Protocols of 1977 and the rules of CIHL of 2005 have codified the main principles governing the use of armed force in the conduct of hostilities: military necessity, distinction, precaution and proportionality.
  • IHL and ICL define the violations that constitute grave breaches of IHL and war crimes. They establish special mechanisms to punish the perpetrators of such crimes under national (disciplinary or criminal, military or civilian) or international proceedings in accordance with the Statute of the International Criminal Court (ICC)., as well as under the principle of universal jurisdiction.
  • Despite numerous violations, the, repeated use and acceptance of IHL rules by States over time have transformed most of them into CIHL. They are therefore binding on all States and all parties to IACs and NIACs, whether or not they have ratified the relevant international conventions.

CIHL Rules 1 to 10 concern the principle of distinction between civilian and military objectives. Rules 11 to 24 address the principles of precaution and proportionality in attacks. Rules 46 to 65 deal with specific methods of warfare, and rules 70 to 81 regulate the use of different types of weapons.

➔Attacks; Civilians; Combatants ; Duty of commander ; International Criminal Court; International humanitarian law; Military necessity; Military objectives ; Proportionality; Protected goods and property; Protected persons; Protection; Terror; Terrorism ; War crimes/Crimes against humanity; Weapons

I. Regulation of the means and weapons of war

The right to choose the methods and means of warfare is not unlimited. Both conventional and customary international law imposes restrictions on the production and use of certain weapons.

There are several international conventions that prohibit specific types of weapons. (A). Beyond these specific conventional prohibitions, IHL imposes mandatory rules on the use of weapons that apply to all types of weapons (B).

A. Weapons prohibited by special regulations

Specific international conventions explicitly regulate or prohibit the retention, manufacture and use of certain types of weapons. Although these rules are intended to be binding only on States that have ratified them, some of these conventions are considered to be part of the CIHL rules (CIHL rules 72-86). They are therefore binding on all States. Such specific conventional and customary regimes apply to:

  • conventional weapons (the Convention on Certain Conventional Weapons. (1980); • weapons that cause injury by fragments that cannot be detected by X-rays in the human body. (Protocol I annexed to the 1980 Convention on Certain Conventional Weapons and CIHL rule 79);
  • incendiary weapons. (Protocol III to the 1980 Convention on Conventional Weapons and CIHL rules 84-85 regulating precaution against civilian harm and use against combatants);
  • blinding laser weapons. (Protocol IV of the 1980 Convention on Certain Conventional Weapons and CIHL rule 86);
  • land mines. (Amended (1996) Protocol II of the 1980 Convention on Certain Conventional Weapons and CIHL rules 80-83 regulating prohibition of booby-trap and the precaution of use, recording of placement and removal or neutralisation of landmines);
  • anti-personnel land mines. (the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (“Ottawa Convention” (1997));
  • chemical weapons. (the Geneva Protocol for the prohibition of the use in war of asphyxiating, poisonous or other gases, and of bacteriological methods of warfare (1925) and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (1993) and CIHL rules 74-76 covering chemical weapons, riot control agents and herbicides);
  • poison and poisoned weapons are also prohibited independently of the prohibition of chemical weapons. (CIHL rule 72);
  • biological weapons. (the Geneva Protocol for the prohibition of the use in war of asphyxiating, poisonous or other gases, and of bacteriological methods of warfare (1925) and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (1972) and CIHL rule 73);
  • cluster munitions. (the Convention on cluster munitions (2008));
  • expanding bullets. (the 1899 Hague Declaration concerning Expanding Bullets and CIHL rule 77);
  • exploding bullets. (Declaration renouncing the Use, in time of War, of Explosive Projectiles under 400 Grammes Weight (1968) and CIHL rule 78).

B. The rules of IHL concerning the use of weapons

In addition to conventional or customary prohibitions on specific weapons, the use on any type of weapon is always governed at least by general rules and principles of IHL such as the principles of distinction, precaution and proportionality. The use of any weapons that, in a specific military context, does not comply with the mandatory principles of IHL is prohibited. This applies notably to the use of weapons of mass destruction, to fully autonomous weapons but also to the use of explosive weapons in populated areas. Specific information on this subject can be found at ➔ Weapons

CIHL generally prohibit the use of weapons:

  • that strike civilians and combatants indiscriminately (CIHL rules 1-13),
  • that cause superfluous injury or suffering or cause extensive or essentially irreversible damage that is disproportionate to any direct and specific military advantage (CIHL rules 70-71).

In order to cope with the rapid development of new weapons, States are obliged to assess the legality of such weapons and their use under IHL (API, art. 36). The International Committee of the Red Cross (ICRC) plays a leading advisory role in assessing the legality of new weapons under IHL. In 2006 the ICRC published a guide to the legal assessment of new weapons, means and methods of warfare. This applies notably to autonomous and cyber weapons.

➔ Mines; Weapons

II. Regulating the methods of war

IHL regulates methods of warfare in two different ways. First, it lists methods of warfare that are explicitly prohibited (A). It also regulates the conduct of hostilities by imposing a set of restrictions and obligations on the use of force, as well as obligations to provide assistance, respect and protection to victims of conflict (B).

The general framework of IHL prohibits widespread, arbitrary, or unnecessary violence and destruction. By the same token, it prohibits what it describes as unnecessary suffering. IHL does not define the usefulness or uselessness of destruction and suffering in terms of moral or humanitarian considerations, but rather in terms of the legal concept of military necessity. IHL therefore prohibits suffering and destruction that are not justified by a clearly established military necessity.

IHL requires that all methods and means of warfare (i) be justified by a real and immediate military necessity, (ii) be directed towards a military objective and (iii) be proportionate to the threat. This aligns with respect for the principles of distinction, military necessity, precaution and proportionality. The application of the principle of proportionality originally required that the military means employed be proportionate to the nature of the threat and the need to destroy it. It was subsequently extended to the protection of civilians. requires the assessment of foreseeable incidental harm to civilians prior to any attack on a military target and the obligation to take the necessary precautions to limit it. In all cases, the expected loss and damage to civilians must not be excessive in relation to the direct military advantage anticipated from the attack.

However, even when there is a clear prohibition, IHL may provide for exceptions to that prohibition. This is the case, for example, with the prohibition on deliberately attacking hospitals or civilians, which does not apply if they have lost their protected status in the event of use for military purposes in the case of hospitals, or in the event of direct participation in hostilities in the case of civilians. Compliance with of violation of this prohibition cannot be determined in abstract terms.it requires a legal and factual assessment on a case-by-case basis of the circumstances in which armed force is used to ensure that they are lawful in relation to all other obligations under IHL.

Explicit prohibitions must therefore be examined considering potential exceptions permitted by IHL in certain situations and under certain conditions. They should also be interpreted and assessed in light of the other obligations imposed by IHL in the conduct of hostilities.

A. Explicitly prohibited methods of warfare

IHL and CIHL contain explicit prohibitions of the following practices:

  • the use of means and methods of warfare of a nature to cause superfluous injury or unnecessary suffering; (API, art. 35; art. 22 of the regulations of the Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land (“1907 Hague Convention”) and the Declaration renouncing the Use, in time of War, of Explosive Projectiles under 400 Grammes Weight (1968));
  • carrying out attacks with the goal that there will be no survivors —in other words, giving no quarter, threatening an adversary therewith or conducting hostilities on this basis is prohibited. (API, arts. 40 and 41; APII, art. 4; art. 23(d) of the 1907 Hague Convention on the laws and customs of war and CIHL rule 46);
  • wounding or attacking persons who are recognized as hors de combat (out of combat), have surrendered or are defenceless or conducting hostilities on this basis is prohibited. (Common art. 3 to the four Geneva Conventions, API, arts. 41(1) and 85(3)(e), art. 35 of the 1907 Hague Convention and CIHL rules 47 and 48);
  • acts of perfidy. (API, arts. 37-39 and CIHL rules 8-65);
  • attacks intended to spread terror among the civilian population (API, art. 51(2); APII, art. 13(2) and CIHL rule 2);
  • the use of famine (starvation) as a method of war against civilians. (API, art. 54; APII, art. 14 and CIHL rule 53);
  • attacks against objects that are indispensable for the survival of the population (API, art. 54(2), APII, art. 14 and CIHL rule 54) and the potential derogation or loss of protection. (API, arts. 54(3) and 54(5));
  • reprisals against protected objects. (GCI, art. 46; GCII, art. 47; GCIII, art. 13; GCIV, art. 33; API, arts. 20, 51(6), 52(1), 53(c), 54(4), 55(2) and 56(4); CIHL rule 147 and arts. 4(1) and (4) of the 1954 Convention for the Protection of Cultural Property in the event of Armed conflict);
  • attacks against civilian persons and other protected persons (providing that they have not lost their protected status), (API, arts. 48, 51(2) and 52(2); APII, art. 13(2) and CIHL rules 1, 33 and 44), and the potential loss of civilians’ protection. (CIHL rule 6));
  • attacks against civilian objects. (API, art. 52(1); CIHL rules 7-10) ) (providing that they have not lost their protected status), (CIHL rule 10);
  • attack against cultural object and place of worship. (API, art. 53(a); APII, art. 16 and CIHL rule 38); • indiscriminate attacks. (API, arts. 48 and 51(4); APII, art 13(2) (by inference within the prohibition against making the civilian population the object of attack) and CIHL rules 11-13);
  • attacks aimed at causing damage to the natural environment. (API, arts. 35, 52 and 55; CIHL rules 43-45);
  • attacks against works and installations containing dangerous forces even if these objects are military targets, if such an attack could lead to the release of dangerous forces and thus to serious casualties among the civilian population. (API, arts. 52, 56(1); APII, art. 15 and CIHL rule 42);
  • pillage of cultural objects and property. (GCIV, art. 33; art. 4(3) of the 1954 Convention for the Protection of Cultural Property in the event of Armed conflict; APII, art. 4(2)(g) and CIHL rules 40, 52, 111 and 122);
  • taking hostages. (Common art. 3 to the four Geneva Conventions; GCIV, art. 34; API, art. 75(2)(c); APII, art. 4(2)(c); Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, Principle 6(b); art. 12 of the 1979 International Convention against the Taking of Hostages and CIHL rule 96);
  • using human shields or population movements to favoUr the conduct of hostilities. (GCIII, art. 23; GCIV, arts. 28 and 49; API, art. 51(7); APII, art. 17; CIHL rules 97 and 129);
  • using prisoners of war, the civilian population, and private property in occupied territories for military purposes. (GCIV, arts. 8, 27, 40, 47, 51, 55 and 147; API, arts. 48, 75 and CIHL rules 51(c), 95 and 156).

➔ Attacks; Famine; Hostages; Human shields; Military necessity; Military objectives; Occupied territory; Perfidy; Pillage; Population displacement; Prisoners of war; Proportionality; Protected objects and property; Protected persons; Reprisals; Requisition; Terror

B. Regulations governing the conduct of hostilities

The rules governing the methods of warfare have been embodied in the Customary IHL (CIHL). Subject to more protective conventional rules, these Rules of CCIH are binding on all parties to international or non-international armed conflicts. In addition to explicit prohibitions (see above), customary rules include many obligations that limit possible military actions and impose positive actions of relief, respect, and protection toward civilians and victims of conflict.  

The prohibitions listed in IHL are not always absolute. In certain circumstances, IHL allows for the loss of legal protection for civilians and their property against attack. It also provides for numerous obligations whose application depends on the legal classification and the factual assessment made by military commanders in each situation.

Consequently, respect for IHL in the conduct of hostilities depends largely on the legal and factual assessment by military commanders of the circumstances of each situation. Application in good faith by commanders requires that the general rule be applied as a matter of principle. The specific circumstances that may allow for derogation from the general rule must be interpreted strictly and be based on indisputable factual elements.

Regarding positive obligations, the methods and means of warfare chosen by the parties to an armed conflict must respect the fundamental guarantee of IHL concerning the treatment of civilians and persons hors de combat. They must also respect the obligation to allow and facilitate humanitarian assistance for civilians.

These obligations and any exceptions to them are described in detail by the CIHL to facilitate the application in good faith of the rules relating to: the principle of distinction (1); indiscriminate, disproportionate or reckless attacks (2) respect for civilians and persons hors de combat (3) the obligation to allow access to humanitarian aid (4) looting, destruction and seizure of property (5) as well as deception or perfidy (6) 

 1. The obligation to distinguish between civilians and civilian property, persons hors de combat, and military objectives 

The parties to an armed conflict must at all times distinguish between civilians and combatants, and between civilian objects and military objectives. Attacks may be directed only against combatants and military objectives. Attacks may not be directed against civilians or civilian objects. It is this principle of distinction that justifies the prohibition of indiscriminate or disproportionate attacks as well as the duty of care. The recognition or challenge of the civilian status of persons and property has a direct impact on the lawfulness or unlawfulness of military practices.

  • The obligation to distinguish between civilians, their property, persons hors de combat, and military objectives.

The duty to distinguish is a fundamental principle of IHL and IHLC and an imperative obligation of military commanders in the conduct of hostilities (Rules 1–10, IHLC):
The purpose of this principle is to protect civilians and civilian objects from direct attacks and from the indirect effects of attacks. This protection is expressed by the IHL in the same terms for civilians (Rule 1) and civilian objects (Rule 7). Both apply in IACs and NIACs.

However, this protection is not absolute and may be lost in certain circumstances. Civilians are protected from attacks, unless and for such time as they take direct part in hostilities (CIHL rule 6). 

The scope and criteria of direct civilian participation in the hostilities are open to ad hoc interpretation within the general guidance of IHL. Civilian objects are protected from attack unless and as long as they do not become a military target (CIHL rule 10). This requires a showing that, despite being a civilian object, it meets the two cumulative criteria of the definition of military objectives: 1) by its nature, location, purpose or use, it makes an effective contribution to military action; and 2) its partial or total destruction, capture or neutralisation offers, in the circumstances prevailing at the time, a definite military advantage. (CIHL rule 8).

In addition to civilians, other categories of persons considered to be out of combat are also protected from attack by IHL.

  • A Person hors de combat 

The customary definition of IHL considers the following to be persons hors de combat:

(a) anyone who is in the power of an adverse party;

(b)anyone who is defenceless by reason of unconsciousness, shipwreck, wound or sickness; or

(c) anyone who clearly expresses an intention to surrender, provided that he or she abstains from any hostile act and does not attempt to escape. (CIHL rule 47).

➔ Civilians; Combatant; DetentionMilitary necessity; Military objectives; Protected objects and property; Protected persons ; Prisoner of war ; Wounded and sick

2. Indiscriminate, disproportionate, or reckless attacks

  • Indiscriminate attacks are those:

(a) which are not directed against a specific military objective;

(b) using a method or means of combat which cannot be directed against a specific military objective; or

(c) which employ a method or means of combat the effects of which cannot be limited as required by IHL and which in any event, are of such a character as to strike military objectives and civilians or civilian objects without distinction. (CIHL rule 12).

  • Proportionality in Attack

The obligation of proportionality in attacks derives directly from the obligation to distinguish. According to this rule, itis prohibited to launch an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. (CIHL rule 14). The assessment of the proportionality requirement lay under the responsibility of commanders.

  • Duty of precautions in Attack

Precautions in the event of an attack and against the effect of attack are governed by (CIHL Rules 15):

  • During military operations, it is imperative to consistently prioritise the protection of civilians and civilian infrastructure. Every possible measure should be implemented to prevent and minimize any unintended harm to civilians, including loss of life, injuries, and damage to property. (CIHL Rule 15);
  • Each party to the armed conflict must make every effort possible to ensure that the targets identified are indeed military objectives. (CIHL Rule 16);
  • Each party to the armed conflict must exercise utmost caution in selecting the means and methods of warfare, striving to prevent and, at the very least, minimize any unintended harm to civilian life, injuries to civilians and damage to civilian objects. (CIHL Rule 17);
  • Each party to the armed conflict must make every effort possible to evaluate whether the attack might result in unintended harm to civilian life, injuries, damage to civilian objects, or a combination thereof, which would outweigh the specific and immediate military advantage anticipated. (CIHL Rule 18);
  • Each party to the armed conflict must take all possible measures to halt or postpone an attack if it becomes evident that the intended target is not a military objective or if the attack is likely to result in unintended harm to civilian life, injuries, damage to civilian objects, or a combination thereof, which would outweigh the specific and immediate military advantage anticipated. (CIHL Rule 19).

➔ Attacks; Duty of Commanders ; Proportionality

3. Respect and protection of civilians and other persons hors de combat

HL uses the terms “respect” and “protection” of civilians, but these two terms cover different obligations. The protection of civilians and other protected persons or property refers to their protection against attacks. This obligation to protect stems from the prohibition of direct attacks under the principles of distinction, precaution, and proportionality in the use of armed force. The obligation to protect is complemented by the obligation to respect. The latter refers to the obligation of the parties to the conflict to respect the legal status and specific guarantees of treatment provided for by IHL for different categories of vulnerable persons. IHL refers to “protected persons” to designate those who enjoy a special status and rights that must be respected. These specific treatment obligations are provided for by IHL for the following categories of persons:

  • civilians and all those who are out of combat or in the power of the other parties to the armed conflict; (CIHL rules 87-105).
  • wounded and sick persons; (CIHL rules 109-111). • humanitarian and relief personnel and objects; (CIHL rules 31 and 32).
  • medical personnel, medical activities, medical units, infrastructures and transports; (CIHL rules 25,26 and 28-30).
  • religious personnel; (CIHL rule 27).
  • journalists; (CIHL rule 34).
  • personnel and objects involved in peacekeeping mission; (CIHL rule 33).
  • displaced population, including in occupied territory ;(CIHL rules 129-133).
  • combatant and prisoners of war; (CIHL rules 106-108).
  • detainees, internees, or other persons deprived of liberty in relation with the armed conflict; (CIHL rules 118-128).
  • other vulnerable persons such as women (CIHL rules 119 and 134), children, (CIHL rules 135-137) the elderly, disabled and infirm; (CIHL rule 138).
  • the accounting for missing persons; (CIHL rule 117).
  • accounting for the dead. (CIHL rules 112-116).

➔ Children ; Civilians ; Combatants ; Detention ; Fundamental guaranties ; Humanitarian and Relief Personnel ; Internally Displaced Persons ; Journalists ; Medical Personnel ; Missing Persons and the Dead ; Occupied Territory ; Protected Persons ; War Prisoners ; Women ; Wounded and sick

4. The obligation to allow access to humanitarian aid and the prohibition of using starvation as a method of warfare

The prohibition of starvation against the civilian population is linked to the duty to allow and facilitate access to humanitarian relief. It also limits some method of war such as blockade, siege, requisition and the administration of occupied territories, movement of population as well as the treatment of people deprived of liberty.

  • The use of starvation of the civilian population as a tactic of warfare is forbidden; (CIHL rule 53).
  • Attacking, destroying, removing or rendering useless objects necessary for the survival of the civilian population is forbidden; (CIHL rule 54).
  • The parties to an armed conflict must guarantee the unrestricted movement and facilitate rapid passage of humanitarian relief for civilians in need, which is impartial in character and conducted without discrimination, while acknowledging their right to control such aid; (CIHL rule 55).
  • The parties to an armed conflict must ensure the freedom of movement of authorised humanitarian relief personnel that is essential for the performance of their duties. Temporary restrictions on their movement are permissible only in cases of imperative military necessity. (CIHL rule 56).

➔ Attacks ; Blockade ; Bombardment ; Famine ; Humanitarian and Relief Personnel ; Military necessity ; Relief ; Right of access ; Siege ; War crimes/Crimes against humanity

5. Looting, destruction, and seizure of property

  • The parties to the armed conflict may seize military equipment belonging to an adverse party as war booty; (CIHL Rule 49 (only applicable in times of IAC)).
  • The destruction or seizure of the property of an adversary is forbidden, except when absolutely necessary for military necessity; (CIHL Rule 50).
  • Pillage is prohibited. (CIHL rule 52).

In the particular context of an occupied territory:

  • movable public property that can be utilised for military operations may be confiscated;
  • immovable public property must be managed in accordance with the rule of usufruct; and
  • private property must be respected and may not be confiscated except in cases where its destruction or seizure is deemed essential due to imperative military necessity; (CIHL rule 51 (only applicable in times of IAC)).

 ➔ Pillage ; Requisition

6. Deception and treachery

  • Ruses of war are permissible as long as they do not violate any IHL rule; (CIHL rule 57).
  • The improper use of the white flag of truce is forbidden; (CIHL rule 58).
  • Misuse of the recognised and distinctive emblems of the Geneva Conventions is forbidden; (CIHL rule 59).
  • The use of the United Nations emblem and uniform is forbidden, except as authorised by the organisation; (CIHL rule 60).
  • The misuse of other internationally recognised emblems is forbidden; (CIHL rule 61).
  • Misuse of the flags or military emblems, insignia or uniforms of the adversary is forbidden; (CIHL rule 62, (applicable in times of IAC and arguably in NIAC).
  • Use of the flags or military emblems, insignia or uniforms of neutral or other States not party to the conflict is prohibited; (CIHL rule 63 (applicable in times of IAC and arguably in NIAC).
  • Concluding an agreement to cease hostilities with the intention of launching a surprise attack on the enemy is forbidden; (CIHL rule 63).
  • The act of killing, injuring, or capturing an adversary by resort to perfidy is forbidden. (CIHL rule 65).

➔ Distinctive (or protective) emblems, signs and signals; Perfidy; War crimes/Crimes against humanity; Weapons

III. Responsability of military commander and other superiors

Military commanders and other superiors are the front-line main responder of the obligation to respect and enforce the respect of IHL in the conduct of hostilities. This includes compliance with the prohibitions and obligations under customary and treaty law of IHL that have been outlined above and that are applicable in both IAC and NIAC.

It should be emphasized that serious violations of the rules governing the conduct of hostilities and fundamental guarantees granted to persons protected by IHL may constitute war crimes. 

Under International humanitarian law (IHL)and under international criminal law (ICL), commander incur personal and criminal responsibility for their conduct and the one of their subordinates.

A. The duty of commanders

Commanders must obviously comply with IHL strict prohibitions. With regard to other obligations that require interpretation and analysis, commanders are responsible for conducting the ad hoc factual and legal assessment required for each military operation to ensure effective compliance with the imperative obligations of IHL. They must notably:

  • Respect rules of distinction, precautions, proportionality and warning in the planning and launching of attacks; (CIHL rules 14-24).
  • Ensure that their subordinates know and understand IHL; (API, art. 87(2); CIHL rules 141 and 142).
  • Punish any of their subordinates who have acted in violation of these rules; (API, art. 86(2) and (3); CIHL rule 153).

B. The personal and criminal liability of commanders

Failure to comply with the prohibitions and obligations of IHL concerning methods of warfare used in the conduct of hostilities may constitute a serious violation of IHL and a war crime (DIHC Rule 156, ICC Statute Article 8). Commanders are personally and criminally responsible:

  • for war crimes committed pursuant to their orders; (CIHL rule 152).
  • for failing to prevent, suppress or report war crimes committed by their subordinates if they knew or had reason to know of such crimes. (CIHL rule 153).

➔ Duty of commanders; Responsibility; War crimes- crimes against humanity

See also ➔ Aggression; Annexation; Attacks; Blockade; Bombardment; Cease-fire; Civilians; Combatants; Duty of commanders; Evacuation; Extermination; Famine; Geneva Conventions and Additional Protocols; Hostages; Human shields; International Criminal Court; International humanitarian Law; Military necessity; Military objectives; Mines; Population displacement; Proportionality; Protected objects and property; Protected persons; Protection; Reprisals; Requisition; Siege; The Hague Conventions; War; War crimes/Crimes against humanity; Weapons

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