Page 125 - MDSL Final

LEGAL CONTEXT
Given such a situation the law that applies is as follows:

• Customary law is binding on all States. This applies equally
to the provisions of treaties that have become recognised as
customary law. The Hague Rules and the Geneva Conventions
fall in to this category.
• Those other treaties that are binding on the parties to the
conflict. For instance, this would include those provisions of
the Protocols that are not already considered to be customary
law but which bind those States that are party to them.

There are several main principles and concepts which lie behind the
overall purpose of the law of armed conflict but following four core
features are essentials of the law:

• Military Necessity. Military necessity allows the use of
necessary lawful force during an armed conflict to make the
enemy submit. This does not mean that there are no limitations
on methods and means of warfare. Military necessity is not an
excuse for inhumane conduct or for any activity prohibited by
the law.
• Humanity. Basic humanity prohibits the infliction of personal
suffering or destruction of property which is not necessary
for compelling the submission of enemy forces. For this
reason, attacks directed solely against civilians are prohibited.
This protection cannot prevent incidental civilian casualties
although steps have to be taken to reduce these as much as
possible.
• Proportionality. Provides a link between the concepts of
military necessity and humanity. It requires that the losses
resulting from a military action should not be excessive in
relation to the required military advantage.
• Distinction. The requirement to distinguish between the
civilian population and combatants and between civilian
objects and military objectives in targeting.

However, nothing in the Law of Armed conflict prohibits members of the
armed forces from taking appropriate action in self-defence. Reasonable

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