The Principle of Distinction in Modern Warfare
Author
Summary, in English
The principle of distinction is one of the cardinal principles of international humanitarian law. The principle of distinction originated in the St. Petersburg Declaration in 1868, aiming to limit the civilian casualties in warfare. The principle is now codified in article 48, 51(2), 52(2) of the 1977 Additional Protocol I to the Geneva Convention. The principle is most prominent in article 48. The article states that parties to the conflict “shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives”, in order to “ensure respect for and protection of the civilian population and civilian objects”.
The essay presents the legislative development of the principle in order to provide the reader enough material to understand the phrasing and purpose behind the principle, before introducing the contemporary challenges the principle is faced with in modern times. The essay introduces the reader to intra-state conflicts, new warfare technology, civilianization of the military and the trouble of categorizing the population into the correct role on the battlefield. The problematization chapter of the essay is providing the material to answer the essays main research questions, “Are the rules that regulate the principle of distinction efficient in modern warfare?” and “Is the early lawmakers purpose of the regulations still fulfilled in modern warfare?”.
In conclusion, the essay holds the opinion that the regulations regarding the principle of distinction is dated and is not efficient in modern warfare. The increase of intra-state conflicts, insurgent groups and civilians taking part in hostilities creates a situation where it is no longer easy to distinguish who is a civilian and who is a combatant. Further, the essay claims that the purpose of the principle still not fulfilled. The battlefield situation is still better off with the regulations that exist, even though they are challenged in many ways. The principle can be upheld if more established organizations and states keep revising the regulations and write further general directions and recommendations on how to use the regulations in contemporary armed conflicts.
The essay presents the legislative development of the principle in order to provide the reader enough material to understand the phrasing and purpose behind the principle, before introducing the contemporary challenges the principle is faced with in modern times. The essay introduces the reader to intra-state conflicts, new warfare technology, civilianization of the military and the trouble of categorizing the population into the correct role on the battlefield. The problematization chapter of the essay is providing the material to answer the essays main research questions, “Are the rules that regulate the principle of distinction efficient in modern warfare?” and “Is the early lawmakers purpose of the regulations still fulfilled in modern warfare?”.
In conclusion, the essay holds the opinion that the regulations regarding the principle of distinction is dated and is not efficient in modern warfare. The increase of intra-state conflicts, insurgent groups and civilians taking part in hostilities creates a situation where it is no longer easy to distinguish who is a civilian and who is a combatant. Further, the essay claims that the purpose of the principle still not fulfilled. The battlefield situation is still better off with the regulations that exist, even though they are challenged in many ways. The principle can be upheld if more established organizations and states keep revising the regulations and write further general directions and recommendations on how to use the regulations in contemporary armed conflicts.
Department/s
Publishing year
2018
Language
English
Full text
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Document type
Student publication for Bachelor's degree
Topic
- Law and Political Science
Keywords
- Public international law
- international humanitarian law
- the principle of distinction
Supervisor
- Karol Nowak