The 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 harm  to civilians or civilian property is excessive to the expected military advantage.

What is a military target?

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)

According to the Israeli High Court of Justice ruling of 2006 (HCJ 769/02) civilians, as protected persons, are entitled to be arrested and tried in court even if they take direct part of hostilities, as part of the least harmful means test under the principle of proporionality. Arrest and trial should be taken whenever possible.