Basic Principles of International Humanitarian Law: Principle of Precautions (3)

Basic Principles of International Humanitarian Law: Principle of Precautions (3)

3. Principle of Precautions in Attack (and Against the Effects of Attacks)

International Humanitarian Law encompasses the rules and principles that regulate the conduct of war. Through several principles and rules of engagement in war, the International Humanitarian Law seeks to mitigate the egregious effects of war and protects certain individuals. The principle of precautions oblige parties to the war to take constant care to spare civilians and civilian objects during military operations. This includes active duties for attackers (e.g., verifying targets, choosing appropriate weapons and tactics) and passive duties for defenders (e.g., not locating military objectives near civilians where feasible).

Statutory Authority:

Additional Protocol I, Article 57 (Precautions in Attack): Requires doing everything feasible to verify that targets are military objectives, choosing means and methods that minimize incidental civilian harm, and canceling or suspending attacks if they may be disproportionate. Advance warnings must be given when circumstances permit.

Article 58 (Precautions Against the Effects of Attacks): Defenders must, to the extent feasible, remove civilians from the vicinity of military objectives, avoid locating military objectives near densely populated areas, and take other protective measures.

Customary rules (ICRC Rules 15–21) extend these obligations to non-international armed conflicts.

Judicial Authority:

The ICTY in Prosecutor v. Blaškić (2000) and related cases has clarified the "feasible" standard as what is practicable in the circumstances, balancing military and humanitarian considerations. Tribunals have stressed that commanders must use available intelligence and technology to minimize harm.

This principle operationalizes distinction and proportionality in practice.

SI OLAWUNI. 

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