The Law of Armed Conflict International Humanitarian Law in War

Chapter 7 discusses LOAC’s core principles. This text holds that there are four core principles, per the International Court of Justice. Distinction requires that Parties to a conflict always distinguish between civilians and civilian objects and combatants, and fire only on military objectives. Military necessity, the second principle, is very elastic, holding that all lawful measures to defeat the enemy quickly and efficiently are allowed in LOAC. The third principle, unnecessary suffering, directs that one may not employ weapons or projectiles that cause superfluous injuries or unnecessary suffering in enemy fighters. This principle is directed only to combatants, not civilians who should not be targeted at all. Finally, the principle of proportionality directs that civilian injury or loss of life, and damage or destruction of civilian objects, may not be excessive in relation to the direct and concrete military advantage to be gained. The problem with the four principles is definitional: what will “quickly” defeat the enemy? What injuries are “superfluous”? What incidental civilian death is “excessive” to a military advantage? Such answers as there are, are in this chapter.