Hamas strike on Israel - Threadbans in op - mod warning in OP updated 19/10/23

Under international humanitarian law (IHL), also known as the law of war, it is generally prohibited to attack civilian objects. This means that any object which is not a military objective is protected from attack. Civilian objects include homes, schools, places of worship, hospitals, and other objects which are essential to the civilian population.

However, there is an exception to this general prohibition. If a civilian object is being used for military purposes, it may be attacked, provided that the attack is carried out in accordance with the principles of distinction, proportionality, and precaution.

The principle of distinction requires that parties to a conflict distinguish between civilian objects and military objectives. This means that they must take all feasible precautions to avoid harming civilians and civilian objects.

The principle of proportionality requires that the anticipated incidental loss of civilian life or damage to civilian objects be clearly outweighed by the direct and concrete military advantage anticipated.

The principle of precaution requires that parties to a conflict take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event minimizing, incidental loss of civilian life and damage to civilian objects.

In the case of a civilian object which is being used for military purposes, the attacker must weigh the military advantage of attacking the object against the anticipated incidental loss of civilian life and damage to civilian objects. If the anticipated incidental loss is excessive, the attack is prohibited.

Even if an attack on a civilian object which is being used for military purposes is lawful, the attacker must also take all feasible precautions to minimize incidental loss of civilian life and damage to civilian objects. This may include giving effective warning of the attack, choosing weapons and methods of attack that minimize the risk of incidental harm, and taking steps to evacuate civilians from the area of the attack.

In conclusion, it is generally prohibited to attack civilian objects under IHL. However, an exception to this prohibition exists if the civilian object is being used for military purposes, provided that the attack is carried out in accordance with the principles of distinction, proportionality, and precaution.

It is important to note that the interpretation and application of IHL can be complex and there is often disagreement among experts about the lawfulness of particular attacks. In the event of doubt, parties to a conflict should err on the side of caution and avoid attacking civilian objects.

Sources:

www.icrc.org/en/doc/resources/documents/interview/2011/cyber-warfare-interview-2011-08-16.htm

books.google.com/books?id=HrtloqmDcYoC

The following IHL clauses provide the exception to the general prohibition on attacking civilian objects:

Article 52(2) of Additional Protocol I to the Geneva Conventions: "In so far as objects mentioned in paragraph 1 are used for military purposes, it shall be permissible to attack them after such warning has been given as is reasonably practicable or as required by the rules of international law applicable in armed conflict without an armed conflict."

Rule 55 of customary IHL: "In so far as objects mentioned in Rule 54 are used for military purposes, it shall be permissible to attack them after such warning has been given as is reasonably practicable or as required by the rules of international law applicable in armed conflict without an armed conflict."

These clauses make it clear that civilian objects may be attacked if they are being used for military purposes, but only after such warning has been given as is reasonably practicable. The requirement to give warning is intended to minimize incidental loss of civilian life and damage to civilian objects.

It is important to note that the IHL clauses do not define what constitutes "use for military purposes." This is a matter of fact to be determined in each case. However, some examples of civilian objects being used for military purposes include:

A civilian building that is being used as a military command center

A civilian factory that is producing weapons

A civilian airport that is being used to deploy or transport troops

A civilian road that is being used to transport military supplies

If a civilian object is being used for military purposes, the attacker must still comply with the principles of distinction, proportionality, and precaution. This means that the attacker must take all feasible precautions to avoid harming civilians and civilian objects.

In conclusion, the IHL clauses provide an exception to the general prohibition on attacking civilian objects. However, this exception is only available if the civilian object is being used for military purposes and the attacker complies with the principles of distinction, proportionality, and precaution.