Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-06-02T04:01:04.028Z Has data issue: false hasContentIssue false

2 - Lawful Combatancy

Published online by Cambridge University Press:  03 November 2022

Yoram Dinstein
Affiliation:
Tel-Aviv University
Get access

Summary

The cardinal principle of distinction in LOIAC (supra 40–1) is of fundamental importance: it affects the entire normative architecture relating to susceptibility to attack in the course of hostilities by dividing the population of Belligerent Parties into two disparate categories of combatants and non-combatants. The goal of the bifurcation is to ensure in every feasible manner that IACs are waged among combatants while sparing non-combatants (primarily, innocent civilians). Of course, this goal is easier to verbalize than to apply in the intense strain of hostilities. In consequence, there are occasional scholarly attempts to expose ‘the ambiguity, instability and indeterminacy of distinction’.247 But, whatever challenges are encountered in the implementation of the principle of distinction, it cannot be denied that it constitutes a recurrent leitmotif of both customary and treaty LOIAC. The Security Council, too, has stressed the importance of ‘distinguishing between, on the one hand, civilian populations, civilian objects and all other persons and objects afforded protection, and, on the other hand, combatants and military objectives’.248

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Lawful Combatancy
  • Yoram Dinstein, Tel-Aviv University
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106191.006
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Lawful Combatancy
  • Yoram Dinstein, Tel-Aviv University
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106191.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Lawful Combatancy
  • Yoram Dinstein, Tel-Aviv University
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106191.006
Available formats
×