Explain the Rule of Distinction.

The Rule of Distinction is a fundamental principle of International Humanitarian Law (IHL) that requires parties to an armed conflict to distinguish between combatants and civilians, as well as between civilian objects and military objectives. This principle is enshrined in various international treaties, including the Geneva Conventions and their Additional Protocols, and is considered a customary norm of IHL applicable in all types of armed conflict.

At its core, the Rule of Distinction serves to minimize civilian harm and protect non-combatants from the effects of hostilities. It recognizes that civilians should not be targeted intentionally and that indiscriminate attacks, which fail to distinguish between military objectives and civilian persons or objects, are prohibited under IHL.

The Rule of Distinction imposes several key obligations on parties to armed conflicts:

1. Distinction between Combatants and Civilians: Parties to the conflict must distinguish between individuals who are directly participating in hostilities (combatants) and those who are not (civilians). Combatants, such as members of the armed forces or organized armed groups, may be targeted as lawful objects of attack, provided they are directly participating in hostilities. However, civilians, including non-combatant members of the population, enjoy protection from direct attack and must be spared from harm as much as possible.

2. Distinction between Military Objectives and Civilian Objects: Similarly, parties must distinguish between legitimate military objectives, such as military installations, equipment, and personnel, and civilian objects, such as homes, schools, hospitals, and cultural heritage sites. Military objectives may be targeted for attack, but attacks must be proportionate and discriminate, meaning they must avoid or minimize harm to civilians and civilian objects.

3. Precautions in Attack: Parties to the conflict must take feasible precautions to verify that targets are military objectives and to minimize the risk of harm to civilians and civilian objects. This includes providing effective advance warning of attacks when circumstances permit, choosing means and methods of warfare that minimize civilian harm, and refraining from attacks that may result in excessive civilian casualties relative to the military advantage anticipated.

4. Prohibition of Indiscriminate Attacks: Indiscriminate attacks, which are not directed at a specific military objective or which employ methods or means of warfare that cannot be directed at a specific military objective, are prohibited. This includes attacks that strike civilian objects or civilians without distinction, as well as those that employ weapons or tactics that are inherently indiscriminate.

Overall, the Rule of Distinction reflects the humanitarian imperative to protect civilian lives and property during armed conflicts while still allowing for legitimate military operations. Adherence to this principle is essential for maintaining the legitimacy of warfare and upholding the basic principles of humanity and civilian protection under IHL.