The Five Core Principles of IHL1

Distinction

The principle of distinction is based on the fact that the objective of the parties to the conflict
is not the total destruction of the adversary, but the weakening of the enemy's military forces in
order to ensure victory.

The principle of distinction is key: it sets out the obligation to distinguish between persons
taking part in hostilities and persons not taking part or no longer taking part in hostilities
(civilians, the wounded, prisoners of war, etc.). The same applies to civilian objects and military
objectives. According to this principle, only persons taking part in the hostilities and military
objectives may be targeted. This principle tolerates some rare exceptions which will be studied
later in the course.

Precaution

The principle of precaution stems from the principle of distinction. It has two sides:

• Precaution in attack: that is, the obligation of the party to the conflict to ensure its attacks
will not cause collateral damage to persons outside the combat zone or to civilian
objects.
• Precaution against the effects of attack: this is the responsibility of the aggressed party,
which must take all necessary measures to protect the population under its
responsibility.

Proportionality
The principle of proportionality requires that military gain be weighed against the damage it
causes. For example, depending on the conditions, it might be considered disproportionate to
use a bomb to target a single person when a sniper could reach that person.

Prohibition of Superfluous Injuries and Unnecessary Harm

This principle aims to limit the means and methods of warfare whose injuries or damage would
be disproportionate to the military advantage sought. The International Court of Justice explains

1
This text has been written for the Preparation to the Jean-Pictet Competition training.
that superfluous injury is: "a harm greater than that unavoidable to achieve legitimate military
objectives" (ICJ, Nuclear Weapons Case, Advisory Opinion, para. 78 (1998)).

This principle is at the origin of the prohibition of many weapons such as anti-personnel mines,
biological weapons, blinding laser weapons, etc. The fact that a weapon can cause serious and
permanent disabilities is a criterion for assessing the superfluous nature of injuries. Additional
Protocol I extends this prohibition to methods of warfare of a nature to cause superfluous injury.

While this principle is systematically violated by the use of these prohibited weapons, it can
also be violated by the use of legal weapons in certain contexts. The detailed analysis of a
situation allows one to assess whether or not the type of attack chosen violates the prohibition
of superfluous harm.

Humane Treatment

The actual meaning of “humane treatment” is not spelled out, although some texts refer to
respect for the “dignity” of a person or the prohibition of “ill-treatment” in this context. (Rule
87, ICRC Study on CIHL)

It is from this principle that the prohibition of inhuman and degrading treatment such as torture,
rape and execution without trial... More broadly, the right to humane treatment includes respect
for mental and physical integrity, culture and religion, and the right to family (maintaining
contact, tracing, visiting).

The obligation of humane treatment also applies to persons who have died in armed conflict.