Chapter

Distinction between military and civilian objects

Frédéric de Mulinen

Kosovo and the international community : a legal assessment

The Hague [etc.] : Kluwer Law International, 2002

p. 103-127

English

Photocopies

The author examines the distinction between military objectives and civilian objects. He considers how these terms have been defined traditionally and explores how Additional Protocol I has expanded the descriptive definition of military objectives. The author argues this definition does not comprehensively delineate the distinction between attackable military objects and non-attackable civilian objects. Articles 57 and 58 of Additional Protocol I offer some assistance in the exercise of distinguishing objects as they provide supplemental guidance on precautions in attack and precautions against the effects of attack. The author uses the example of NATO air strikes in Yugoslavia to illustrate the scope of military objectives in modern conflict. He argues that in these situations there is an increasing overlap between the military and the civilian spheres. For example, there are a rising number of dual-use facilities, where civilian objects are also used for military purposes. Military commanders, civilian commanders, and decision makers at all levels must therefore quantify demands for respect of protection vis-à-vis different civilian objects and consider the interrelationship between mission, terrain, and precautions to ensure the appropriate distinctions are made between military and civilian objects. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]