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1. Military Necessity
2. Necessity and Proportionality
3. Distinction
Principle of Military Necessity
Military necessity is a legal concept used in international humanitarian law (article
52, IAP) as part of the legal justification for attacks on legitimate military
targets that may have terrible consequences for civilians and civilian objects.
Even under the laws of war, winning the war or battle is a legitimate consideration,
though it must be put alongside other considerations of IHL. Military necessity does,
however, not give the armed forces the freedom to do what they want.
Principle of Necessity and Proportionality
The principle of proportionality (article 51(5)(b) IAP) is another basic principle. It
states that even if there is a clear military target it is not possible to attack
it if the harm to civilians or civilian property is excessive to the expected
military advantage.
For example, a TV or a radio station can be a legitimate military target if used as a
military command or communication center but if it is used for civilian purposes
only it cannot be targeted.
Principle of Distinction
It prohibits all means and methods that cannot make a distinction between those
who do take part in hostilities, and are therefore considered combatants, and those
who do not and are therefore protected (Article 48 IAP). The sick and wounded,
medical personnel, civilians and prisoners of war (POWs) are all called protected
persons.
Combatants
Combatants are members of armed forces or groups that may be considered POWs
if captured.
Armed groups that are not part of the armed forces need to follow four conditions:
1. Commanded by a person responsible for his subordinates.
2. Having a fixed distinctive emblem recognizable at a distance. Article 44(3) of
the First Additional Protocol (IAP) sets an exception to this rule when the
nature of the hostilities prevents the combatant from distinguishing himself
give rise to both international (the state versus the intervening state),
and non-international (the state versus the rebel group) conflicts.
Where a state intervenes indirectly without the use of its armed forces
in a non-international armed conflict on the side of the rebels, the Tadi
case, decided by the International Criminal Tribunal for the former
Yugoslavia (ICTY), concluded that overall control of a rebel group
would be sufficient to internationalize the conflict
The terms wounded and sick apply to persons who as the result of
trauma, suffer from disease or other physical or mental illness or
disability, and who require medical treatment while abstaining from
any hostile acts. (Article 8(a) Additional Protocol I to the Geneva
Conventions)
Protects soldiers who are hors de combat (out of the battle)
Protection specifically accorded to:
1. Wounded and sick soldiers.
2. Medical personnel, facilities, and equipment
3. Wounded and sick civilian support personnel accompanying the
armed forces
4. Military chaplains.
5. Civilians who spontaneously take up arms to repel an invasion.