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Chapter 7 looks at the law of targeting, which, in addition to imposing conditions on all targeting decisions, provides additional rules on the protection of civilians from the deleterious effects of armed conflict. The philosophical underpinnings of the law are explained, along with the core requirements of what constitute military objects and military objectives. Additional qualifications on permissible targeting are outlined – the requirements of proportionality and the precautions to be taken in attack, and the prohibition on indiscriminate attacks. The chapter explains the specific rules on targeting certain objects such as cultural property, the environment, medical facilities, works containing dangerous forces, objects necessary fo the survival or the civilian population and non-defended localities. The problem of dual-use (military/civilian) objects is examined, as is the law of targeting applicable in non-international armed conflict.
Chapter 13 covers LOAC that permits or restricts the targeting of enemy objects: “military objectives.” Lawful military objectives are defined. Economic targets and war-sustaining targets, contentious issues, are described, with the US minority position noted. World War II’s area bombing by all parties to the conflict is shown to be unlawful, unproductive and, today, unlawful. The widely used targeting criteria, lawful by virtue of nature, location, purpose or use, is expanded upon, with examples of each qualifier. That is followed by relating the six-step targeting process employed by US units in combat. Collateral damage and its avoidance efforts are discussed at length, with emphasis on Chapter 7’s core principles of distinction and proportionality. Unique targeting issues such as “dangerous forces” and dual-use targets are covered, with examples. Precautions in the attack do not sound particularly significant but they are essential LOAC constants. Two recent trial records are included in the Cases and Materials section to illustrate real-world legal consequences of disregarding the illegalities of targeting human beings, even ones’ enemies.
This chapter presents the rules on special protection in light of considerations of military necessity. Remarks are devoted in particular to the protection governing objects containing dangerous forces and cultural property and the alleged different degrees of military necessity.