Conduct of hostilities

The term refers to the means and methods of warfare employed by belligerents in armed conflicts. The IHL rules on conduct of hostilities aim to strike a balance between military necessity and humanity, seeking mainly to protect civilians from attacks and effects of hostilities, but equally to limit the suffering of combatants. Key principles of IHL governing the conduct of hostilities include: distinction, proportionality, precautions and prohibition of superfluous injury or unnecessary suffering.

See DistinctionProportionalityPrecautions in attackMeans of warfareMethods of warfareMilitary objectivesCivilian objectsFightersDirect participation in hostilitiesNaval warfareLaw enforcementSuperfluous injury;

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 BIBLIOGRAPHIC RESOURCES


ARRASSEN Mohamed, Conduite des hostilités, droit des conflits armés et désarmement, Brussels, Bruylant, 1986, 605 pp.
 
BAXTER Richard R., “The Duties of Combatants and the Conduct of Hostilities (The Law of the Hague)”, in International Dimensions of Humanitarian Law, Geneva, Henry-Dunant Institute/UNESCO, 1986, pp. 93-133.
 
DINSTEIN Yoram, “Jus in Bello Issues Arising in the Hostilities in Iraq in 2003”, in IYHR, Vol. 34, 2004, pp. 1-14.
 
DINSTEIN Yoram, The Conduct of Hostilities under the Law of International Armed Conflict, Cambridge, CUP, 2010, 320 pp.
 
EPSTEIN Melissa & BUTLER Richard, “The Customary Origins and Elements of Select Conduct of Hostilities Charges before the International Criminal Tribunal for the Former Yugoslavia: A Potential Model for Use by Military Commissions”, in Military Law Review, Vol. 179, 2004, pp. 68-127.
 
KALSHOVEN Frits & ZEGVELD Liesbeth, Constraints on the Waging of War, Geneva, ICRC, 2001, 223 pp.
 
SOLF Waldemar A., “Protection of Civilians Against the Effects of Hostilities under Customary International Law and under Protocol I”, in American University Journal of International Law and Policy, Vol. 1, 1986, pp. 107-135
 
“Declaration on the Rules of International Humanitarian Law Governing the Conduct of Hostilities in Non-International Armed Conflicts”, in IRRC, No. 278, September-October 1990, 5 pp.
 
“Rules of International Humanitarian Law Governing the Conduct of Hostilities in Non-International Armed Conflicts”, in IRRC, No. 278, September-October 1990, pp. 383-403.