The Principle of Distinction in IHL.

IHL's principle of distinction affirms that any act of war must always balance both humanity and military necessity.

According to the principle of distinction, the parties to a conflict must, at all times, distinguish between civilians and combatants, and between civilian objects and military objectives. It is prohibited to carry out attacks against civilians and civilian objects.

It is primarily necessary to comprehend the means and methods of warfare:

The means of warfare being the types of weapons being developed, used, on held within the possession of a party, and the methods of warfare involving the ways in which weapons are used and the manners in which hostilities are conducted.

IHL either restricts or prohibits certain means and methods of warfare on the basis of the 'Rule of Limited Warfare' which rejects total war.

Who are combatants in a conflict?

Additional Protocol I declares the members of the armed forces of a party to an international armed conflict, with the exceptions of medical or religious personnel, are considered combatants.

Combatant status can also be granted to other members of militias or volunteer corps, provided they fulfil four conditions:

1. they must be commanded by a single person responsible for his subordinates.

2. they need to have a fixed, distinctive sign, recognisable at a distance.

3. they must carry arms, openly.

4. they must conduct all operations in accordance with IHL.

There are several consequences of combatant status in an armed conflict. Firstly, combatants are considered legitimate targets during conflict. They are granted combatant privilege, which is a right to use lawful means and methods of warfare, and are entitled to a prisoner of war (POW) status.

Article 4A, paragraph 1 in the 3rd Geneva Conventions posits prisoners of war (POWs) to be members of the armed forces of a party to the conflict, as well as members of militias and volunteer corps forming part of such armed forces, who have fallen into the hands of the enemy.

Who are civilians in a conflict?

Civilians are outlined simply through a negative definition by Additional Protocol I, as persons whom are not combatants. Civilians are protected by the principle of distinction - they may not be attacked by the parties to a conflict.

However, they may be attacked for such time as they take a direct part in hostilities.

What are military objectives?

An object must meet two cumulative criteria to qualify as a military objective, pursuant to Article 52, paragraph 2 of Additional Protocol I:

1. It (the item in question) must contribute effectively to the enemy's military action, by its nature, location, purpose or current use.

2. The destruction, capture or neutralisation of such an object must offer the attacker a definite military advantage, which must be concretely perceptible.

An example of such military objective, could be a building whereby enemy combatants and their materials or weapons are located, such as military barracks.

What are civilian objects?

Again, a negative definition is supplied by IHL, stating that all objects which are not of military nature are considered civilian objects. These typically include city infrastructure, residential areas, buildings, houses, schools, hospitals and historic monuments.

So, how is this relevant to the principle of distinction?

Additional Protocol I conditions that the principle of distinction prohibits, first and foremost, the direct attacks against civilians and civilian objects.

The prohibition of indiscriminate attacks are thus explicitly outlined in Article 51 paragraph 4 of Additional Protocol I, where it is stated that such are attacks which cannot be directed at specific military objectives.

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Henceforth, in order to protect victims of war as much as possible, there are restrictions placed upon firstly the weapons that are used in armed conflict, the way in which these weapons are used, and finally the manner in which hostilities can be conducted. Distinction between civilians and combatants, as well as civilian objects and military objectives, is crucial.