METHODS (AND MEANS) OF WARFARE
Methods of warfare are the tactics or strategy used in hostilities against an enemy in a situation of armed conflict. Means of warfare are the weapons or weapons systems used. The only legitimate objective of war, as defined by the law of armed conflict, is to weaken and overwhelm the military forces of the opponent. The history of armed conflicts illustrates the need to restrict the use of force in order to limit the risks of extermination and total destruction of the enemy.
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), 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: military necessity, the distinction between military and civilian persons and objects, proportionality, and precaution. Parties to an armed conflict are also bound by the obligation to respect and protect civilians and noncombatants. In concrete terms, this means, the duty to protect them from attack, the duty to respect their specific guarantees of treatment, 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 symmetry of forces between the parties to a conflict can lead belligerents to avoid direct military confrontation. This is particularly the case with nuclear deterrence and the balance of terror doctrine. The asymmetry of forces also encourages forms of indirect military confrontation, such as suicide bombings, the use of cyber and autonomous weapons systems that allow remote killing, the use of informal armed proxies, and the shielding of combat within the civilian population, all of which spread terror among the enemy’s 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, legal asymmetry is also a feature of NIACs, where States most often consider members of non-states armed groups to be criminals or terrorists under their domestic law and challenge their status as combatants. Asymmetric warfare often 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 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).
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, the core principle of distinction to aimed at protecting civilians from combatants is threatened by alternative legal concepts and methods developed outside of IHL by many countries in the course of their so-called wars on terrorism. The United States of America label of a “Global War on terror” is only one of many similar doctrines developed in numerous other countries for the same purpose. The result is the emergence of ambiguous legal concepts and doctrines such as “illegal combatants” or “innocent civilians” and targeted killing, which mix and dissolve elements of IHL with those of domestic criminal law, and whose practical application is subject to the discretion and arbitrariness of national security rationales.
Urban warfare in densely populated areas, the criminalisation of the enemy or the increasing intermingling of civilian and military cyber infrastructure underline the need for IHL rules restricting methods and means of warfare to protect civilians. They also highlight the challenges to the effective implementation and respect of IHL rules limiting the use of different weapons (1) and the lawful methods of warfare (2).
➔ Attack </content/article/3/attacks/>__ ▸ Civilians </content/article/3/civilians/>__ ▸ Combatants </content/article/3/combatants/>__ ▸ Duty of commander </content/article/3/duty-of-commanders/>__ ▸ Humanitarian principles </content/article/3/humanitarian-principles/>__ ▸ International humanitarian law </content/article/3/international-humanitarian-law/>__ ▸ Military necessity </content/article/3/military-necessity/>__ ▸ Military objectives </content/article/3/military-objectives/>__ ▸ Proportionality </content/article/3/proportionality/>__ ▸ Protected objects and property </content/article/3/protected-objects-and-property/>__ ▸ Protected persons </content/article/3/protected-persons/>__ ▸ Protection </content/article/3/protection-1/>__ ▸ Terror </content/article/3/terror/>__ ▸ Terrorism </content/article/3/terrorism/>__ , Weapons </content/article/3/weapons/>__
.. warning:
☞ War is a part of history and international relations. It is a transitional phase and 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: 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 disciplinary and criminal military procedures but also under the principle of universal jurisdiction and the jurisdiction of the International Criminal Court (ICC).
•Despite the numerous violations of these rules, their repeated use and acceptance by States over time has 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 ▸ Bombardment ▸ Customary international law ▸ International Criminal Court ▸ International humanitarian law ▸ Proportionality ▸ Universal jurisdiction ▸ War crimes/Crimes against humanity ▸ Weapons
**The right to choose the methods and means of warfare is not unlimited. Both conventional and customary international law impose restrictions on the production and use of certain weapons.
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- REGULATING THE (MEANS) WEAPONS OF WAR
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CIHL prohibits the use of weapons that strike civilians and combatants indiscriminately (CIHL rules 1-13), 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).
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).
In addition to these conventional or customary prohibitions of 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 weapons that do not meet these requirements is prohibited. This applies notably to the use of weapons of mass destruction, fully autonomous weapons or the use of explosive weapons in populated areas. Specific information on this subject can be found at ➔ Weapons </content/article/3/weapons/>__
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 plays a leading advisory role in assessing the legality of new weapons under IHL. In particular, in 2006 it published a guide to the legal assessment of new weapons, means and methods of warfare. This applies notably to autonomous and cyber weapons. ➔ Mines </content/article/3/mines-1/>__ ▸ Weapons </content/article/3/weapons/>__
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- REGULATING THE METHODS OF WAR
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The general framework of IHL prohibits unnecessary and wanton violence and destruction. It also requires that all methods and means of armed force (i) be justified by a real and immediate military necessity, (ii) be directed towards a military objective and (iii) be proportionate to the threat. These are known as the principles of distinction, military necessity, precaution and proportionality. The application of the principle of proportionality has been further extended for the protection of civilians. It 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.
IHL and CIHL provide a mixture of clear prohibitions (a) and strict rules (b) on the conduct and methods of warfare under the responsibility of military commanders (c). These rules apply in a fairly similar way in both IAC and NIAC. However, even where there is a clear prohibition, IHL may provide for an exception, which means that military practice and doctrine must be assessed on a case-by-case basis. Furthermore, cases and situations not explicitly covered by IHL must remain framed by its existing rules and principles.*
a) Explicit prohibitions:
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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); • terror. (API, art. 51(2); APII, art. 13(2) and CIHL rule 2);
- famine (starvation) of 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 (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) and the potential loss of civilian object protection (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) Regulation of methods of warfare: do’s and don’ts:
The regulation of methods of warfare in IHL and CIHL includes a number of prohibitions or restrictions on action as well as requirements for positive action. With regard to the listed prohibitions, IHL provides legal clarifications as to their precise scope and derogations. Indeed, under certain circumstances, IHL permits the loss of the legal protection of civilians and their objects against attack.
With regard to the request for positive action, the methods and means of warfare chosen by the parties to the armed conflict must respect the fundamental IHL guarantee of the treatment of civilians and persons hors de combat . They must also comply with the obligation to permit and facilitate humanitarian assistance. Respect for IHL requires the articulation of these different types of rules in the specific circumstances of each armed conflict and each attack.
The requirements of IHL applicable to methods and means of warfare have acquired the status of international customary rules, applicable in a fairly similar manner to all States and parties to both IAC and NIAC.
**- Distinction between civilians, their objects, persons out of combat and military targets (CIHL rules 1-10):
The principle of distinction is that the protection against attack afforded by IHL is expressed in the same terms for civilians (CIHL rule 1) and civilian objects (CIHL rule 7). Both apply in IAC and NIAC.
Parties to the armed conflict must at all times distinguish between civilians and combatants and between civilian objects and military targets. Attacks may only be directed against combatants and military objectives. Attacks may not be directed against civilians or civilian objects. 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 is:
- anyone who is in the power of an adverse party;
(b)anyone who is defenceless by reason of unconsciousness, shipwreck, wound or sickness; or
- 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 ▸ Military necessity ▸ Military objectives ▸ Protected objects and property ▸ Protected persons
- Indiscriminate Attack:
Indiscriminate attacks are those:
- which are not directed against a specific military objective;
- using a method or means of combat which cannot be directed against a specific military objective; or**
- 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). ➔ Attacks ▸ Duty of Commanders
- Proportionality in Attack:
- It is 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 Commanders ▸ Proportionality
- Precautions in Attack (CIHL rules 15-21) and against the effects of attacks (CIHL rules 22-24):
- 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 19);**
- 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
- 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).
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 is prohibited. (CIHL rule 52). ➔ Pillage
- Deception, Perfidy:
- 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
**- Access to Humanitarian Assistance and 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
- Respect and protection of civilians and other persons hors de combat :
The protection of civilians and other protected persons is derived from the prohibition of direct attack under the above-mentioned principles of distinction, precaution and proportionality in the use of armed force. It is complemented by the obligation to respect fundamental guarantee of treatment toward:
- 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).
- accounting for missing persons; (CIHL rule 117).
- accounting for the dead. (CIHL rules 112-116).
Finally, it should be stressed that grave violations of fundamental guarantees granted to protected persons by IHL may amount to war crimes (CIHL rule 156) or crimes against humanity (art. 7 of the Rome Statute). ➔ Civilians ▸ Children ▸ Detention ▸ Fundamental Guarantees ▸ Humanitarian and relief personnel ▸ Internment ▸ Medical personnel ▸ Medical Services ▸ Missing persons and the Dead ▸ Peacekeeping ▸ Population Displacement ▸ Prisoners of War ▸ War crimes/Crimes against humanity ▸ Weapons ▸ Women ▸ Wounded and sick
c) Responsibility of military commanders:
Military commanders and other superiors are under the obligation to respect and enforce the respect for IHL, including the prohibitions listed above. ➔ Duty of commanders
They must notably:
- Respect rules of distinction, precautions, proportionality and warning when attacking; (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).
The failure to respect these rules may constitute grave breaches of IHL and a war crime under the Rome Statute of the ICC; (CIHL rule 156).
• They are criminally responsible for war crimes committed pursuant to their orders; (CIHL rule 152).
- They are criminally responsible 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). ➔ 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
**For Additional Information:
Bouchié de Belle, Stéphanie, “Chained to Cannons or Wearing Targets on Their T-shirts: Human Shields in International Humanitarian Law”, I*nternational Review of the Red Cross , vol. 90, no. 872, December 2008: 883-906. Available at https://international-review.icrc.org/articles/chained-cannons-or-wearing-targets-their-t-shirts-human-shields-international-humanitarian
De Mulinen, Frederic, Handbook on the Law of War for Armed Forces , Geneva: ICRC, 1989.
Digital technology and war, International Review of the Red Cross , vol. 102, no. 913, 2021. Available at https://international-review.icrc.org/sites/default/files/reviews-pdf/2021-03/Digital-technologies-and-war-IRRC-No-913.pdf
Dinstein, Yoram, The Conduct of Hostilities under the Law of International Armed Conflict , Cambridge: Cambridge University Press, 2004.
Gisel, Laurent, Rodenhâuser, Tilman and Dôrmann, Knut; “Twenty years on: the international humanitarian law and the protection of civilians against the effects of cyber operations during armed conflict”, International Review of the Red Cross , vol. 102, no. 913, (March 2021): 287-334. Available at https://international-review.icrc.org/articles/twenty-years-international-humanitarian-law-and-protection-civilians-against-effects-cyber-913
Henckaerts, Jean-Marie and Doswald-Beck, Louise, eds., Customary International Law, vol. 1, The Rules , Cambridge: Cambridge University Press, 2005, (see especially parts 3 and 4).
International Committee of the Red Cross, “A Guide to the Legal Review of New Weapons, Means and Methods of Warfare: Measures to implement article 36 of the additional protocol 1 of 1977”, 2006, 40 pages. Available at https://shop.icrc.org/a-guide-to-the-legal-review-of-new-weapons-means-and-methods-of-warfare-pdf-en.html
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“Methods of Warfare.”, International Review of the Red Cross , vol. 88, no. 864, December 2006: 717-963. Available at https://international-review.icrc.org/reviews/irrc-no-864-methods-warfare
Kretzmer, David, “Targeted Killings of Suspected Terrorists: Extra-Judicial Execution or Legitimate Means of Defence?”, European Journal of International Law , vol. 16, no. 2, 2005: 171-212.
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Munir, Muhammad, “Suicide Attacks and Islamic Law”, I nternational Review of the Red Cross , vol. 90, no. 869, March 2008: 71-89. Available at https://www.icrc.org/en/doc/assets/files/other/irrc-869_munir.pdf
Quéguiner, Jean François, “Precautions under the Law Governing the Conduct of Hostilities”, International Review of the Red Cross , vol. 88, no. 864, December 2006: 793–821. Available at https://www.icrc.org/en/doc/assets/files/other/irrc_864_queguiner.pdf
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