Editing Law of war (section)

==Principles of the laws of war==

[[File:A FEW POINTS OF INTERNATIONAL LAW GOVERNING MODERN WARFARE (1904).jpg|thumb|A 1904 article outlining the basic principles of the law of war, as published in ''[[the Tacoma Times]]'']]

''[[Military necessity]],'' along with ''[[distinction (law)|distinction]],'' ''[[proportionality (international humanitarian law)|proportionality]],'' ''[[humanity (virtue)|humanity]]'' (sometimes called unnecessary suffering), and ''[[honor]] ''(sometimes called chivalry) are the five most commonly cited principles of [[international humanitarian law]] governing the legal [[Use of force in international law|use of force]] in an armed conflict.

''Military necessity'' is governed by several constraints: an attack or action must be intended to help in the defeat of the enemy; it must be an attack on a [[legitimate military target|legitimate military objective]],<ref name="military objective">Article 52 of Additional [[Protocol I]] to the [[Geneva Conventions]] provides a widely accepted definition of military objective: "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 neutralization, in the circumstances ruling at the time, offers a definite military advantage." (Source: {{harvnb|Moreno-Ocampo|2006|loc=page 5, footnote 11}}).</ref> and the harm caused to protected civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated.{{sfn|Moreno-Ocampo|2006|loc=See section "Allegations concerning War Crimes" Pages 4,5}}

''Distinction'' is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby [[belligerent]]s must distinguish between [[combatant]]s and protected [[civilian]]s.<ref group=lower-alpha>Protected civilian in this instance means civilians who are enemy nationals or [[neutral country|neutral]] citizens whose presence is outside the territory of a [[belligerent]] nation. Article 51.3 of [[Protocol I]] to the [[Geneva Conventions]] explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".</ref>{{sfn|Greenberg|2011|loc=''Illegal Targeting of Civilians''}}

''Proportionality'' is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must make sure that the harm caused to protected civilians or civilian property is not excessive in relation to the concrete and direct military advantage expected by an attack on a legitimate military objective.{{sfn|Moreno-Ocampo|2006|loc=See section "Allegations concerning War Crimes" Pages 4,5}} However, as Robbie Sabel, Professor of international law at the Hebrew University, who has written on this topic, notes: “Anyone with experience in armed conflict knows that you want to hit the enemy’s forces harder than they hit you… if you are attacked with a rifle, there is no rule that stipulates that you can only shoot back with a rifle, but using a machine gun would not be fair, or that if you are attacked with only one tank you cannot shoot back with two.”<ref>{{Cite journal |last=Sabel |first=Robbie |date=December 18, 2023 |title=International Law and the Conflict in Gaza |url=https://www.tandfonline.com/doi/full/10.1080/23739770.2023.2289272?src=exp-la |journal=Israel Journal of Foreign Affairs |volume=17 |issue=3 |pages=260–264|doi=10.1080/23739770.2023.2289272 |doi-access=free }}</ref>

''Humanity'' is a principle based on the 1907 Hague Convention ''IV - The Laws and Customs of War on Land'' restrictions against using arms, projectiles, or materials calculated to cause suffering or injury manifestly disproportionate to the military advantage realized by the use of the weapon for legitimate military purposes. In some countries, weapons are reviewed prior to their use in combat to determine if they comply with the law of war and are not designed to cause unnecessary suffering when used in their intended manner. This principle also prohibits using an otherwise lawful weapon in a manner that causes unnecessary suffering.<ref name="USAF">{{cite web |title=Basic Principles of the Law Of War and Their Targeting Implications |url=https://www.doctrine.af.mil/Portals/61/documents/Annex_3-60/3-60-D33-Target-LOAC.pdf |website=Curtis E. LeMay Center |publisher=US Air Force}} {{PD-notice}}</ref>

''Honour'' is a principle that demands a certain amount of fairness and mutual respect between adversaries. Parties to a conflict must accept that their right to adopt means of injuring each other is not unlimited, they must refrain from taking advantage of the adversary's adherence to the law by falsely claiming the law's protections, and they must recognize that they are members of a common profession that fights not out of personal hostility but on behalf of their respective States.<ref name="USAF"/>