Misc Pub 27-8 Legal Handbook Commander’s 2019
Distinction/Discrimination
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ArmyDemLogProgramBriefing-Jan17
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- 3. Proportionality
- 4. Unnecessary Suffering/Humanity
| 2. Distinction/Discrimination This principle requires parties to a conflict to distinguish between combatants and the civilian population (i.e. protected persons, and to distinguish between military objectives and civilian objects (i.e. protected property and places. Parties to a conflict must direct their operations only against military objectives. They must also separate their personnel and equipment from civilians and civilian objects. Military objectives are combatants and those objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offer a definite military advantage. 3. Proportionality This principle prohibits attacks that maybe expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage expected to be gained. This principle also requires commanders to take feasible precautions in planning and conducting attacks to reduce the risk of harm to civilians and other persons and objects protected from being made the object of attack. Feasible precautions are those that are practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. 4. Unnecessary Suffering/Humanity This principle forbids the employment of means and methods of warfare calculated to cause unnecessary suffering. This principle acknowledges that combatants necessary suffering, which may include severe injury and loss of life, is lawful. This principle largely applies to the legality of weapons and ammunition design, as well as their actual use or any field modifica- tions. Weapons and ammunition issued by HQDA are reviewed by The Judge Advocate General or his representative for Army-wide use, to ensure compliance with LOAC. However, approved weapons and ammunition also may not be used in away that will cause unnecessary suffering or injury. A weapon or munition would be deemed to cause unnecessary suffering if, in its normal use, the injury caused by it is disproportionate to the military necessity for it, that is, the military advantage to be gained from its use. Download 4.49 Mb. Share with your friends:
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