Three fundamental principles of IHL regulate the conduct of hostilities, i.e. the fighting between the parties to the conflict: distinction, proportionality and precautions. These are customary in nature and must be complied with in all circumstances by all parties – States, non-state armed groups and civilians taking a direct part in hostilities – in all armed conflicts – both international and non-international. Certain categories of persons and objects such as medical units, transports and personnel, objects indispensable to the survival of the civilian population and installations containing dangerous forces, are afforded additional, heightened protection (see below question on the protection of civilian infrastructure).
The principles and rules governing the conduct of hostilities apply whenever fighting takes place as part of an armed conflict: whether on land (ground operations), in the air (air warfare) or at sea (naval warfare), as well as in the cyber domain (cyber operations) and in outer space.
The IHL principles and rules that govern the conduct of hostilities aim to protect the civilian population from the effects of hostilities. They do so by striking a balance between military necessity and humanity, imposing prohibitions and restrictions on the weapons, means and methods of warfare that parties to the conflict may use.
The principle of distinction requires that parties to the conflict must always distinguish between combatants and civilians, and between military objectives and civilian objects, such as homes, civilian infrastructure, and the environment. Parties may only direct their attacks against combatants, never against civilians; and they may only target military objectives, never civilian objects. Indiscriminate attacks, namely attacks that are not directed at specific military objectives as required, that cannot be so directed, or whose effects cannot be contained as required by international humanitarian law, are also strictly prohibited. Equally prohibited are acts or threats of violence the primary purpose of which is to spread terror among the civilian population, and the use of starvation of the civilian population as a method of warfare.
Attacks directed against a combatant or another military objective must respect the principle of proportionality. This means that it is prohibited to launch an attack that may be expected to cause incidental loss of civilian life, injury to civilians, and/or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated. In other words, a military objective may be attacked only after an assessment leading to the conclusion that civilian losses and damage are not disproportionate the military advantage foreseen.
The principle of precautions requires all parties to a conflict to take constant care to spare the civilian population and civilian objects from the effects of military operations. Given the significant risk of harm to civilians whenever executing an attack, IHL imposes detailed obligations to those planning, deciding on or carrying out attacks. In particular, all feasible precautions must be taken to
– Verify that targets are military objectives;
– Avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects;
– Assess whether the attack may be expected to violate the rule of proportionality;
– Cancel or suspend an attack if it becomes apparent that it would violate the principles of distinction or the rule of proportionality;
– Give effective advance warning of attacks which may affect the civilian population.
IHL also requires parties to the conflict to protect civilians and civilian objects under their control against the effects of attacks. In cities, military and civilian people and objects are often intermingled. For parties involved in hostilities in urban or other populated areas, this intermingling presents important challenges, both militarily and in terms of avoiding civilian harm. Because urban warfare endangers civilians in specific ways, the protection afforded by the principles and rules of IHL is critical.
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