Explain Rule of Distinction.
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The Rule of Distinction, also known as the principle of distinction, is a fundamental concept in international humanitarian law (IHL) that seeks to minimize harm to civilians and civilian objects during armed conflict. It requires parties to a conflict to distinguish between combatants and military objectives on one hand, and civilians and civilian objects on the other hand, and to only target the former while sparing the latter from attack.
Key aspects of the Rule of Distinction include:
Combatants vs. Civilians: The Rule of Distinction mandates that parties to a conflict must distinguish between individuals who are directly participating in hostilities (combatants) and those who are not (civilians). Combatants, such as members of the armed forces or organized armed groups, are legitimate targets and may be lawfully attacked. Civilians, including non-combatants, must be protected from direct attack, unless and for such time as they directly participate in hostilities.
Military Objectives vs. Civilian Objects: Parties to a conflict must also distinguish between legitimate military objectives, such as military installations, equipment, and personnel, and civilian objects, such as homes, schools, hospitals, and cultural sites. Military objectives may be lawfully targeted, provided that attacks are proportionate and do not cause excessive harm to civilians or civilian property.
Prohibition of Indiscriminate Attacks: The Rule of Distinction prohibits indiscriminate attacks, which are those that are not directed at a specific military objective or that employ methods or means of warfare that cannot be directed at a specific military objective. Examples include attacks that are not aimed at a specific target or attacks that use weapons that cannot discriminate between military and civilian targets.
Adherence to the Rule of Distinction is essential for protecting civilians and civilian objects during armed conflict, minimizing civilian casualties and damage to civilian infrastructure, and upholding the principles of humanity and the law of war. Violations of the Rule of Distinction can constitute war crimes and may lead to individual criminal responsibility under international law.