Law of War Handbook 2005

(Jacob Rumans) #1
a.  Nature is defined in the Commentary as "all objects used directly by the
armed forces," such as weapons, tanks, transports, etc.

b. Location is defined in the Commentary as "a site which is of special
importance for military operations in view of its location," such as a
bridge or a piece of ground.

c.  Purpose is defined in the Commentary as "concerned with the intended
future use of an object."

d. Use, on the other hand, is defined in the Commentary as "concerned with
[the object's] present function," such as a school being used as a military
headquarters.


  1. "Make an effective contribution to military action" In theory, even if the
    object is clearly military in nature, such as a tank, if it does not meet this test
    (e.g., it is sitting out in the desert abandoned). It cannot be a valid military
    objective. In reality, such a target would be extremely low on the target list
    anyway as it would not be considered an effective use of limited resources.

  2. "Offers a definite military advantage." The Commentary states that it is not
    legitimate to launch an attack which only offers potential or indeterminate
    advantages. This raises interesting questions regarding attacking enemy
    morale, deception operations, and strategic views of advantage versus tactical
    advantages of individual attacks.


B. People



  1. Determining who can be a valid target is either a status based or conduct
    based determination.


a.  Status based. The easiest situation is when you are facing an enemy that
has been declared a "hostile force." If an individual falls into the group of
those declared a hostile force, then he may immediately be targeted
without any specific conduct on his part.

(1)Combatants are generally defined as anyone engaging in hostilities in
an armed conflict on behalf of a party to the conflict. Combatants are
lawful targets unless "out of combat."

(2)Combatants are often referred to as "lawhl" combatants if they fall
under the definition given in the Geneva Convention on Prisoners of
War for those entitled to PW status:
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