Principles of the law of armed conflict10/25/2023 ![]() ![]() ![]() Given that there is significant risk of harm to civilians whenever a military is executing an attack, IHL imposes additional obligations specific to those planning or deciding on or carrying out attacks (“ active precautions”) it also requires parties to protect civilians and civilian objects under their control against the effects of attacks (“ passive precautions”). As a general rule, the higher the risk for the civilian population in any given military operation, the more will be required in terms of care. It applies constantly in the planning or execution of any military operation. The obligation of constant care is an obligation of conduct, to mitigate risk and prevent harm. The term ‘military operations’ encompasses “any movements, manoeuvres and other activities whatsoever carried out by the armed forces with a view to combat” or “related to hostilities”. In particular, “in the conduct of military operations, constant care must be taken to spare the civilian population, civilians and civilian objects”. They are binding on parties to conflict under both treaty and customary IHL, in both international and non-international armed conflict, and they are applicable to all weapons, means, and methods of warfare, including cyber operations during armed conflict. These positive obligations to take precautions supplement the basic rule of distinction. In addition to prohibitive rules, the conduct of hostilities regime under IHL contains a host of positive obligations that require parties to conflict to take certain protective steps. ![]()
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