Targetable Objects Sample Clauses

Targetable Objects. As regards objects that may be targeted, the most widely accepted definition is that in Article 52 of Additional Protocol I, which states: 140 ‘[I]t would defy basic notions of humanity to kill an adversary or to refrain from giving him or her an opportunity to surrender where there manifestly is no necessity for the use of lethal force.’ See ibid., p. 82. 141 Ruling on Targeted Killings, supra note 9, para. 40. 142 See Chapter7B.3 on Interplay with human rights law. The Court’s approach above is reflected in the approach of human rights bodies that e.g. ‘Before resorting to the use of deadly force, all measures to arrest and detain persons suspected of being in the process of committing acts of terror must be exhausted.’ ‘Concluding Observations, Israel’, Human Rights Commit- tee, UN Doc. CCPR/CO/78/ISR, 21 August 2003, para. 15. 143 See note 106, and the Obama administration’s endorsement in principle discussed in Part B. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers a definite military advantage.144 This definition has been described as almost certainly embodying customary law.145 The basic rule is that attacks against civilian objects are prohibited.146 The ICTY considers the prohibition on attacking ‘civilian objects’ or ‘dwellings and other installations that are used only by civilian populations’ part of customary law, applicable to all conflicts.147 In addition to this general rule, attacks against certain specific categories of objects, such as buildings dedicated to religion, charity, education, the arts and sciences, historic monuments148 and cultural property149 are specifically prohibited by particular international instruments. Some of the most difficult issues of targeting arise in relation to objects with dual military and civilian uses, such as bridges, roads, electric-power installations or communications networks. The controversy surrounding targeting television networks, which arose during the NATO bombing of the former Yugoslavia (and again in Afghanistan),150 is an example. The question of fact is whether the target makes an effective contribution to military action and its destruction offers direct military advantage. International humanitarian law provides that ‘in case of doubt whethe...