Humanitarian Law

Distinction and proportionality

Below you will find information about two important principles within international humanitarian law (IHL): The principle of distinction and the principle of proportionality.

Principle of Distinction

The principle of distinction prohibits all means and methods that can not 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.
To ICRC and Article 48

Combatants

Combatants are members of armed forces or groups that may be considered POWs if captured. They need to follow four conditions:

Commanded by a person responsible for his subordinates.
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 or herself. There is an ongoing legal debate about the scope of a distinctive sign which combatants of non-regular armed forces need to wear.
To ICRC and Article 44(3)

Carrying arms openly.
Conducting their operations in accordance with the laws and customs of war.

In case of doubt whether a person falls under one of the above mentioned categories, s/he should be presumed to be a POW, until a competent court has decided otherwise.

Members of groups that do not follow these conditions, and individuals that are not part of armed groups that take direct part in the hostilities (violent resistance) are not regarded as combatants and do not enjoy the status of POWs. They are therefore civilians and protected persons, and can be tried by a court of law for illegaly taking part in the hostilities.
To ICRC and Article 44(3)
Read more about the First Additional Protocol
Read more about prisoners of war

Principle of 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 risk of civilians or civilian property being harmed is larger than the expected military advantage.

A military target is an object that contributes effectively to the military operation. The definition of a military target is clear in theory but sometimes harder to apply in practice, especially when it comes to double-use facilities. These may be used both by civilians and combatants. 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 can not be targeted.

To ICRC and Article 51(5)(b)

Precautions 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.