13.01.2014 Views

Flooding South Lebanon - Human Rights Watch

Flooding South Lebanon - Human Rights Watch

Flooding South Lebanon - Human Rights Watch

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

direct attacks against only military objectives. 35 Military objectives are members of the<br />

armed forces, other persons taking a direct part in hostilities, and “those objects<br />

which by their nature, location, purpose or use make an effective contribution to<br />

military action and whose total or partial destruction, capture or neutralization, in the<br />

circumstances ruling at the time, offers a definite military advantage.” 36 IHL prohibits<br />

attacks “of a nature to strike military objectives and civilians or civilian objects without<br />

distinction.” 37 Indiscriminate attacks include those that “are not directed at a specific<br />

military objective,” those that use means that “cannot be directed at a specific military<br />

objective,” and those that “employ a method or means of combat the effects of which<br />

cannot be limited.” 38 Bombardments that treat as a single military objective a number<br />

of clearly separated and distinct targets are indiscriminate as well. 39<br />

Another key principle is that of proportionality. Attacks that violate the principle of<br />

proportionality are indiscriminate because they are “expected to cause incidental<br />

loss of civilian life, injury to civilians [or] damage to civilian objectives…which would<br />

be excessive in relation to the concrete and direct military advantage anticipated”<br />

from that attack. 40<br />

When conducting military operations, parties to a conflict must take constant care to<br />

spare the civilian population and civilian objects from the effects of hostilities.<br />

Precautions include:<br />

• Doing “everything feasible to verify” that the objects to be attacked are<br />

military objectives and not civilians or civilian objects or subject to special<br />

protection.<br />

• Taking “all feasible precautions in the choice of means and methods” of<br />

warfare so as to avoid and in any event minimize “incidental loss of civilian<br />

life, injury to civilians and damage to civilian objects.”<br />

35 Protocol I, art. 48.<br />

36 Ibid., arts. 51(3), 52.<br />

37 Ibid., art. 51(4).<br />

38 Ibid., art. 51(4)(a, b, c).<br />

39 Ibid., art. 51(5)(a).<br />

40 Ibid., art. 51 (5)(b).<br />

<strong>Flooding</strong> <strong>South</strong> <strong>Lebanon</strong> 22

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!