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What norms apply to the determination of lawful targets? What persons and objects may be lawfully targeted in armed conflict? What are the reasons, both legal and extra-legal, of civilian losses? What principles must be observed when attacking military objectives? How can the protection of persons who are not participating in hostilities can be strengthened? Is it possible to develop a consistent approach to targeting in armed conflict regardless of the legal qualification of the armed conflict? This monograph answers these questions and many more. Taking into account both military objectives and civilian objects, it considers the extent of their protection in a range of contexts, providing an essential source of reference for scholars dealing with issues across international humanitarian law and armed conflict.
Chapter 14 describes lawful human targets, the first being enemy combatants. Their required characteristics, activities, and locations are covered, followed by exceptions to their lawful targeting: prisoners, those showing intent to surrender, and those incapacitated by wounds. Wrongful use of force investigations are detailed, to impress the fact that violations of an exempt targeting status have consequences within our own armed forces. What legal standard is applied to the shooter when investigating possible unlawful use of force? Lawful civilian targets are considered, as well: when one is targeted he may return fire on civilians in self-defense; and when civilians are directly participating in hostilities (DPH), as is often the case in recent conflicts. Significant space is devoted to explaining what constitutes DPH, as well as to continuous combat function, the higher form of DPH. Targeting of heads of state (e.g., Saddam Hussein, Adolf Hitler, the US president) is covered. Then, is there a duty to capture, rather than wound? To wound, rather than kill? Finally, the politically fraught killings of Iranian General Suliemoni and Anwar al-Aulaqi are examined for LOAC compliance.
This chapter presents the rule of distinction as a limitation upon military necessity. Hereunder as an, in principle, absolute prohibition, yet there is no absolute protection of civilians.
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