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Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)

International Humanitarian Law

Basic principles of IHL

Rules of International Humanitarian attempt to control the wars as much as possible to minimize the suffering of the civilian population. International humanitarian Law reflects this constant balance between the military necessity from the state of war and the needs for humanitarian protection.

Therefore, Humanitarian Law protects persons and property affected or liable to be affected by the conflict and Restrict the right of the parties to a conflict to use the means -in particular weapons- and methods of warfare – such as military tactics- of their choice. In this section, we will examine the basic principles of IHL that restrict the methods of warfare.

The principle of distinction between civilians and combatants

The principle of distinction prohibits all means and methods that can not make a distinction between those who do take part in hostilities -combatants, and those who do not and therefore are civilian, protected persons (article 48 IAP).
To IRC and Article 48
Read more about the principle of distinction

The principle of proportionality

The principle of proportionality (article 51(5) (b) IAP) states that even if there is a clear military target it is not possible to attack it if the risk of civilians, or civilian property, being harmed is larger than the expected military advantage.
To ICRC and Article 51(5) (b)
Read more about the principle of proportionality

The principle of precaution in attack

As part of the principle of distinction, the conflicting parties are obliged to respect the principle of precautions in attack. This principle supplements the general obligation to distinguish, at all times, between civilians and combatants, and between civilian and military objects.
Read more about precautions in attack 

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.

The concept of military necessity acknowledges that 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.
Read more about military necessity
To ICRC and Article 52 IAP

Revised
20/04/2011 Berenice Van Den Driessche ihl@diakonia.se

International Humanitarian Law Programme

Diakonia Regional Office in Jerusalem
ihl@diakonia.se

Diakonia in Sweden
www.diakonia.se

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