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The Principle of Distinction and the Challenges of Contemporary Armed Conflicts

Klarberg, Nicole LU (2016) JURM02 20162
Department of Law
Abstract
International Humanitarian Law (IHL) seeks to limit the effects of armed conflicts by protecting people not taking part in the conflict and put restrictions on the means and methods of warfare permissible. However, the legal system was created in a previous time, when armed conflicts had a different appearance. Civilian casualties constitute an absolute majority of the victims of armed conflicts today.
The principle of distinction is one of the fundamental principles of IHL. The principle means that the parties to a conflict must at all times distinguish between the civilian population and combatants and between civilian objects and military objects and accordingly shall direct their operations against military objectives.
This rule may... (More)
International Humanitarian Law (IHL) seeks to limit the effects of armed conflicts by protecting people not taking part in the conflict and put restrictions on the means and methods of warfare permissible. However, the legal system was created in a previous time, when armed conflicts had a different appearance. Civilian casualties constitute an absolute majority of the victims of armed conflicts today.
The principle of distinction is one of the fundamental principles of IHL. The principle means that the parties to a conflict must at all times distinguish between the civilian population and combatants and between civilian objects and military objects and accordingly shall direct their operations against military objectives.
This rule may seem straightforward but due to limitations of applicability as well as actors blatantly ignoring the rule, it is not as simple. Every day there are grave violations of the principle of distinction across the world. There are many challenges to the principle of distinction, such as asymmetric warfare, non-reciprocity, terrorism, explosive weapons in urban areas and new advances in technology. (Less)
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author
Klarberg, Nicole LU
supervisor
organization
course
JURM02 20162
year
type
H3 - Professional qualifications (4 Years - )
subject
language
English
id
8897671
date added to LUP
2017-01-18 19:03:47
date last changed
2017-01-18 19:03:47
@misc{8897671,
  abstract     = {International Humanitarian Law (IHL) seeks to limit the effects of armed conflicts by protecting people not taking part in the conflict and put restrictions on the means and methods of warfare permissible. However, the legal system was created in a previous time, when armed conflicts had a different appearance. Civilian casualties constitute an absolute majority of the victims of armed conflicts today.
The principle of distinction is one of the fundamental principles of IHL. The principle means that the parties to a conflict must at all times distinguish between the civilian population and combatants and between civilian objects and military objects and accordingly shall direct their operations against military objectives.
This rule may seem straightforward but due to limitations of applicability as well as actors blatantly ignoring the rule, it is not as simple. Every day there are grave violations of the principle of distinction across the world. There are many challenges to the principle of distinction, such as asymmetric warfare, non-reciprocity, terrorism, explosive weapons in urban areas and new advances in technology.},
  author       = {Klarberg, Nicole},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Principle of Distinction and the Challenges of Contemporary Armed Conflicts},
  year         = {2016},
}