LAWS 2601 Lecture Notes - Lecture 8: Military Necessity, International Humanitarian Law, Jus Ad Bellum
9 Apr 2018
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Jus ad bellum: legal basis for the resort to force (the justness" of war) Jus in bello: the law with governs acts of war; the laws which govern the conduct of war. Rules of ihl are codi ed in many treaties, however customary ihl is still a relevant source for ihl. Many rules of war were sourced through state practice (custom) before 1949, when. Adversarial groups must distinguish between civilians/civilian objects and objectives. Only military objectives can be attacked, whether in offence or defense. Attacked in offence of defense, must only be directed at opposing forces. Fighters must distinguish themselves during operations in order not to be confused with civilians (i. e. military uniforms) Distinction of persons: civilians are any persons who are not members of the state armed forces or organized armed groups, when do civilians lose protection, civilians lose protection against direct attack while directly participating in hostilities (dph)
