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Contents
- Preliminary Material
- Main Text
- Part 1 The Law of Targeting in Context
- 1 Introduction
- 2 Historical Evolution of the Law
- 2.1 Lieber Code
- 2.2 St Petersburg Declaration 1868
- 2.3 Brussels Declaration 1874
- 2.4 Oxford Manual 1880
- 2.5 Hague Convention II, 1899
- 2.6 Hague Peace Conference 1907
- 2.7 Hague Convention IX, 1907
- 2.8 Air warfare
- 2.9 Geneva Conventions 1949
- 2.10 Hague Cultural Property Convention 1954
- 2.11 Environmental Modification Convention 1976 (ENMOD)
- 2.12 Additional Protocols I and II 1977
- 2.13 San Remo and Air and Missile Warfare Manuals
- 2.14 International criminal jurisdiction over war crimes
- 2.15 ICRC Customary Law Study
- 2.16 Conclusion
- 3 Sources of the Law
- 3.1 Introduction
- 3.2 The sources of targeting law
- 3.3 Customary law
- 3.4 Treaties
- 3.5 Treaty formalities
- 3.6 Statements of interpretation and reservations
- 3.7 Interpretation of treaties
- 3.8 Treaty rules and custom
- 3.9 ICRC Customary Law Study
- 3.10 Commentaries on the Additional Protocols
- 3.11 UN Secretary General’s bulletin
- 3.12 Conclusion
- 4 The Spectrum of Conflict
- 4.1 Introduction
- 4.2 International armed conflict
- 4.3 Meaning of armed conflict
- 4.4 Conflicts under article 1(4) of API
- 4.5 Non-international armed conflicts to which Additional Protocol II (APII) applies
- 4.6 Non-international armed conflicts under Common Article 3
- 4.7 Occupation
- 4.8 Conflicts other than armed conflicts
- 4.9 Human rights law and domestic law
- 4.10 Peacekeeping, peace enforcement, and the spectrum of conflict
- 4.11 Conclusion
- Part II General Principles of the Law of Targeting
- 5 Customary Rules of Targeting
- 5.1 Introduction
- 5.2 Fundamental customary principles of targeting law
- 5.3 The rule of discrimination at customary law
- 5.4 Combatants
- 5.5 The meaning of ‘the armed forces’
- 5.6 The meaning of ‘civilians’
- 5.7 The protection of civilians
- 5.8 Civilian objects
- 5.9 Doubt as to character of an object
- 5.10 Customary rule of proportionality
- 5.11 Precautions in attack
- 5.12 Precautions against the effects of attacks
- 5.13 Conclusion
- 6 The API Rule of Distinction
- 6.1 Introduction
- 6.2 Nuclear weapons
- 6.3 Basic rule
- 6.4 The meaning of attacks and the scope of application
- 6.5 The meaning of civilians, armed forces, and combatants
- 6.6 Interaction between articles 51, 43, and 44
- 6.7 Prohibiting attacks on civilians
- 6.8 Determining civilian status
- 6.9 Indiscriminate attacks
- 6.10 Article 51(5)(a)
- 6.11 Article 51(5)(b)—the rule of proportionality
- 6.12 Other aspects of article 51
- 6.13 Military objectives and the protection of civilian objects
- 6.14 In case of doubt
- 6.15 Particular rules of protection
- 6.16 Articles 57 and 58—precautions
- 6.17 Article 59—non-defended localities
- 6.18 Article 60—demilitarized zones
- 6.19 Protective zones at customary law
- 7 Precautions
- 8 Targeting Persons and the Controversy as to Direct Participation in Hostilities
- 8.1 Introduction
- 8.2 Members of the armed forces as combatants
- 8.3 Distinguishing persons entitled to be respected from ‘combatants’
- 8.4 ‘Active’ and ‘direct’ participation in hostilities
- 8.5 Background of the ‘direct participation’ controversy
- 8.6 The Interpretive Guidance—an introduction
- 8.7 The Interpretive Guidance—general comments
- 8.8 Presumption against direct participation
- 8.9 ICRC Guidance—the notions of armed forces and organized armed groups
- 8.10 The specific act approach
- 8.11 Threshold of harm
- 8.12 The requirement for direct causation
- 8.13 Belligerent nexus
- 8.14 More general observations
- 8.15 Beginning and end of DPH
- 8.16 Temporal scope of the loss of protection
- 8.17 Disengagement from DPH and the consequences
- 8.18 A proposed view of DPH
- 8.19 Conclusion
- 9 The Controversy over Bombardment—What is the Required Degree of Care?
- 9.1 Introduction
- 9.2 Hague Regulations 1907
- 9.3 Draft Hague Air Rules
- 9.4 Protocols Additional to the Geneva Conventions
- 9.5 The realities of military operations
- 9.6 The required degree of care
- 9.7 Cancelling or suspending attacks
- 9.8 Negligence, due care, and errors of judgement
- 9.9 The operational context in which care is taken
- 9.10 Obligations of the defender
- 9.11 International criminal law
- 9.12 Rome Statute of the International Criminal Court
- 9.13 An evaluation of these war crimes
- 9.14 Conclusions
- 5 Customary Rules of Targeting
- Part III Particular Protections
- 10 The Protection of the Environment
- 10.1 Introduction
- 10.2 Early texts
- 10.3 Hague Peace Conferences 1899 and 1907
- 10.4 Geneva Gas Protocol 1925
- 10.5 ENMOD
- 10.6 Articles 35 and 55 of API
- 10.7 The environment, targeting, and the Gulf War 1990–91
- 10.8 Nuclear weapons
- 10.9 Reprisals against the environment
- 10.10 ICRC Guidelines for military manuals
- 10.11 ICRC Customary Law Study
- 10.12 Application of peacetime environmental law in armed conflict
- 11 Cultural Property
- 11.1 Introduction
- 11.2 Writings of nineteenth-century jurists
- 11.3 Hague Peace Conferences 1899 and 1907
- 11.4 Hague Draft Rules 1923
- 11.5 Hague Convention 1954
- 11.5.1 Introduction
- 11.5.2 General protection of cultural property under the 1954 Convention
- 11.5.3 Special protection under the 1954 Convention
- 11.5.4 1999 Protocol to the 1954 Convention—general protection
- 11.5.5 Enhanced protection under the 1999 Protocol
- 11.5.6 The significance of enhanced protection
- 11.5.7 Loss of enhanced protection
- 11.6 Additional Protocol 1 and cultural property
- 11.7 War crimes in relation to cultural property
- 11.8 Military Manuals and cultural property
- 11.9 Participation in the treaties
- 11.10 Customary law protection of cultural property
- 11.11 Implications for the targeteer
- 12 Objects Entitled to Special Protection
- 12.1 Introduction
- 12.2 Civilian medical units
- 12.3 Hospital ships, sick-bays, other medical ships and craft
- 12.4 Medical units and establishments
- 12.5 Medical transports
- 12.6 Civilian airliners—the AMW provisions
- 12.7 Cultural objects
- 12.8 Aircraft granted safe conduct
- 12.9 Works and installations containing dangerous forces
- 12.10 The natural environment
- 12.11 Civil defence
- 12.12 Other persons or items for which special protection appears to be claimed
- 12.13 Conclusion
- 10 The Protection of the Environment
- Part IV Weapons and Technologies
- 13 Weapons
- 13.1 Introduction
- 13.2 Historical evolution of the law of weaponry
- 13.3 Superfluous injury and unnecessary suffering
- 13.4 Indiscriminate weapons
- 13.5 Geneva Gas Protocol 1925
- 13.6 Weapons and the environment
- 13.7 Conventional Weapons Convention 1980
- 13.8 Customary status of CCW Protocol rules
- 13.9 Ottawa Convention 1997
- 13.10 Chemical weapons
- 13.11 Bacteriological or biological weapons
- 13.12 Cluster munitions
- 13.13 Application of weapons law in non-international armed conflict
- 13.14 Treaty law restrictions on the use of certain weapons
- 13.15 Non-lethal weapons
- 13.16 Conclusion
- 14 Intelligence Gathering and Targeting Using Particular Technologies
- 14.1 Introduction
- 14.2 Intelligence gathering
- 14.3 Intelligence gathering, reconnaissance, and communications using UAVs
- 14.4 The marking of UAVs
- 14.5 Firing weapons from UAVs
- 14.6 UAVs firing weapons autonomously
- 14.7 Civilian involvement in UAV operations
- 14.8 Directed energy attacks
- 14.9 Nuclear attack
- 14.10 Nanotechnology and the challenges posed by advances in technology
- 13 Weapons
- Part V Specific Domains
- 15 Maritime Targeting
- 15.1 Introduction
- 15.2 Early treaty law regulating maritime targeting
- 15.3 The obligations of neutral powers in naval warfare
- 15.4 Submarine warfare—the early law
- 15.5 Littoral targeting and API
- 15.6 Submarine warfare, the modern law
- 15.7 Other conventional law applying to naval warfare
- 15.8 The right to participate in hostilities at sea
- 15.9 San Remo Manual 1994—the basic rules
- 15.10 San Remo Manual—exemption from attack
- 15.11 Vessels exempt from attack
- 15.12 Aircraft exempt from attack
- 15.13 Other enemy vessels and aircraft
- 15.14 San Remo Manual—attacking neutral vessels and aircraft
- 15.15 San Remo Manual—precautions in attack
- 15.16 Weapons in naval warfare
- 15.17 Ruses and perfidy in naval warfare
- 16 Air and Missile Targeting
- 16.1 A brief historical background
- 16.2 Some introductory remarks
- 16.3 What is airspace and how does sovereignty apply within it?
- 16.4 Aircraft, UAVs, missiles, and military aircraft
- 16.5 Civil and State aircraft under the Chicago Convention
- 16.6 Movement of military aircraft through airspace
- 16.7 Status of crews of military aircraft
- 16.8 Persons parachuting from aircraft in distress
- 16.9 Weapons, methods, and means of aerial warfare
- 16.10 Ground attack
- 16.11 Surrender of, and to, aircraft
- 16.12 Interception, inspection, and diversion of neutral civil aircraft
- 16.13 Capture of neutral civil aircraft and goods
- 16.14 Capture of enemy civil aircraft and goods
- 16.15 Protected, and specially protected, aircraft
- 16.16 Application of the fundamental targeting principles to duties of those on the ground
- 16.17 What is direct participation in air hostilities?
- 16.18 The legal use of less sophisticated technologies
- 16.19 Conclusion
- 17 Targeting and Outer Space
- 17.1 Introduction
- 17.2 Application of targeting law to outer space
- 17.3 Meaning of outer space
- 17.4 The treaty regime in outer space
- 17.5 Application of law of armed conflict rules to space
- 17.6 Anti-satellite attack methods
- 17.7 The space debris problem
- 17.8 Weapons law in space
- 17.9 Summary
- 17.10 Civilian involvement in space operations
- 17.11 Conclusion
- 18 Cyber Targeting
- 18.1 Some preliminary definitions
- 18.2 Applicability of the law of armed conflict to cyber hostilities
- 18.3 Cyber attacks
- 18.4 Application of API to cyber attacks
- 18.5 Applying the rules to cyber operations
- 18.5.1 Is the proposed target system a military objective?
- 18.5.2 Discrimination, proportionality, and target selection
- 18.5.3 DDOS attack using botnet
- 18.5.4 Intelligence gathering via a targeted Trojan—planting a kill-switch in the process
- 18.5.5 ‘Man-in-the-middle’ attack
- 18.5.6 Denial of service attack via system logic
- 18.5.7 Compromised supply chain
- 18.5.8 Masquerade
- 18.5.9 Cyber attacks on objects entitled to special protection
- 18.5.10 Perfidy and espionage
- 18.6 Who has the right to participate in cyber hostilities?
- 15 Maritime Targeting
- Part VI Practical Aspects of Contemporary Targeting
- 19 The Prosecution of Difficult Targets
- 19.1 Introduction
- 19.2 Fighting in built-up areas (FIBUA)
- Whether the military objective is fixed or movable and, in the latter case, whether it is in the location that is to be attacked.
- How much military advantage an attack on that objective may be expected to yield.
- What are the alternative methods of achieving that military advantage?
- What death or injury to civilians or damage to civilian objects may the attack be expected to cause?
- 19.3 Objectives containing dangerous substances
- 19.4 Shielding of military objectives
- 19.5 Airliners in flight
- 19.6 Civilians taking a direct part in hostilities
- 19.7 Conclusion
- 20 Non-International Armed Conflict
- 20.1 Introduction
- 20.2 Common Article 3
- 20.3 Combatant status and the notion of fighters
- 20.4 APII protection of wounded, sick, and shipwrecked
- 20.5 APII protection of the civilian population
- 20.6 APII protection of objects indispensable to the survival of the civilian population
- 20.7 APII protection of works and installations containing dangerous forces
- 20.8 APII protection of cultural objects and of places of worship
- 20.9 Prohibition of forced movement of civilians
- 20.10 Customary rules of targeting in NIAC
- 20.11 General NIAC targeting rules
- 20.12 War crimes in NIAC
- 20.13 Conclusion
- 21 Internal Security, Insurgency, and Operations Short of War
- 21.1 Introduction
- 21.2 Domestic law on the use of force
- 21.3 Human rights law and security situations
- 21.4 International Covenant on Civil and Political Rights
- 21.5 United Nations Universal Declaration of Human Rights
- 21.6 Lawfulness of weapons in internal security operations
- 21.7 Insurgency
- 21.8 Military aid to the civil power
- 21.9 Conclusions
- 19 The Prosecution of Difficult Targets
- Part VII Targeting Law Challenges and Compliance
- 22 How States Implement the Distinction Principle
- 23 A Challenge to the Distinction Principle—Effects Based Warfare
- 23.1 Introduction
- 23.2 Challenges to the contemporary law of targeting
- 23.3 Revalidating the contemporary law
- 23.4 Is the ‘effects based’ approach new and does it justify new rules?
- 23.5 Stretching the definition of ‘military objective’ to accommodate ‘effects based’ targeting
- 23.6 The purpose of the attack
- 23.7 The meaning of ‘military advantage’
- 23.8 Can ‘effects based’ accommodate to the existing law?
- 23.9 Applying the emerging principle
- 23.10 Conclusion
- 24 Reprisals, Neutrality, and Other Important Issues
- 24.1 Reprisals defined
- 24.2 The purpose of reprisals
- 24.3 UK’s declared position on reprisals
- 24.4 Unlawful reprisals
- 24.5 Reprisal use of unlawful weapons
- 24.6 Reprisals under the law of war crimes
- 24.7 Neutrality and targeting
- 24.8 UN Charter and neutrality
- 24.9 Application of human rights law in armed conflict
- 24.10 The degree of force that may be used in armed conflict
- 24.11 Assassination operations in furtherance of armed conflict
- 24.12 Targeted killing
- 24.13 Perfidy, emblems, and ruses
- 24.14 Espionage
- 24.15 Mercenaries
- 24.16 Denial of quarter
- 24.17 Safeguarding of an enemy hors de combat
- 24.18 Journalists
- 24.19 UN personnel and diplomatic staffs
- 24.20 Humanitarian relief
- 25 When Things Go Wrong
- 25.1 Introduction
- 25.2 Compensation under LOAC when things go wrong
- 25.3 Criminal liability when things go wrong
- 25.4 Is technical inferiority a defence under the law of armed conflict?
- 25.5 Is there a duty to investigate under the law of armed conflict?
- 25.6 Human rights law and investigations of deaths
- 25.7 Investigations by NGOs
- Part VIII Conclusion
- 26 Is the Law of Targeting Adequate and Does it Have a Future?
- 26.1 Introduction
- 26.2 Does the spectrum of conflict make sense?
- 26.3 Is the law fit for purpose—effects based warfare?
- 26.4 Is the law fit for purpose—asymmetric warfare and suicide bombing?
- 26.5 Is the law fit for purpose—wider role of civilians in armed conflict?
- 26.6 Is the law fit for purpose—technological advances in warfare?
- 26.7 Law and the future nature of warfare
- 26.8 A future without war
- 26.9 Concluding remarks
- 26 Is the Law of Targeting Adequate and Does it Have a Future?
- Part 1 The Law of Targeting in Context
- Further Material
