MILITARY OBJECTIVE AND COLLATERAL DAMAGE: THEIR RELATIONSHIP AND DYNAMICS

Grisly images of dead or injured civilians vie with ‘morbidly spectacular film of PGM (precision guided munition) strikes’. These phenomena, like this article, focus attention on the two most basic law of targeting components, that of military objective and that of incidental civilian losses. The la...

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Vydané v:Yearbook of international humanitarian law Ročník 7; s. 35 - 78
Hlavný autor: Holland, Joseph
Médium: Journal Article
Jazyk:English
Vydavateľské údaje: Cambridge, UK Cambridge University Press 01.12.2004
Springer Nature B.V
Predmet:
Civilians
Deaths
Decision making
Geneva Conventions
Humanitarianism
International law
Military aircraft
Military engagements
Military strategy
Protocol
Studies
War
International law
International law rule of proportionality
1981 Conventional Weapons Convention
Military objectives
Collateral damage
War aims
ISSN:1389-1359, 1574-096X
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Shrnutí:Grisly images of dead or injured civilians vie with ‘morbidly spectacular film of PGM (precision guided munition) strikes’. These phenomena, like this article, focus attention on the two most basic law of targeting components, that of military objective and that of incidental civilian losses. The latter component, being incidental civilian loss, injury and damage, also known as collateral damage, is one side of the proportionality ‘equation’. Expected incidental civilian losses (which term will be used interchangeably with collateral damage) are balanced against the anticipated military value of the strike. This balancing, i.e., proportionality, is one of the major factors in the law of targeting. The concepts examined are two of the most dramatic aspects of targeting. Is there any relationship between military objective and incidental civilian losses? If so, what is the linkage? If one concept expands or contracts what happens to the other? This relationship may have important implications for the type of expertise required to make legal targeting decisions. The type of expertise required would indicate who is best placed to make such targeting decisions and what sorts of errors such decision makers are prone to make and thus must particularly strive to avoid.
Bibliografia:SourceType-Scholarly Journals-1
ObjectType-Feature-1
content type line 14
ISSN:1389-1359
1574-096X
DOI:10.1017/S1389135904000352