HUMRTS Principle of Distinction in International Humanitarian Law Principle of Distinction in International Humanitarian Law The term international humanitarian law comprises a set of rules established by treaty or custom that outlines the obligations and duties of states to respect protect and fulfill human rights It enables individuals and groups to claim certain behavior or benefits from government There are various treaties and conventions pertaining to international humanitarian laws but the modern international law has two main historical streams the law of Hague law of war proper and the law of Geneva humanitarian law The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority The legal mandate of the ICRC stems from the four Geneva Conventions of 1949 as well as from its own Statutes Pictet Jean 1975 Humanitarian law and the protection of war victims Leyden Sijthoff ISBN 90 286 0305 0 pp 16 17 This essay will focus on the principle of distinction in the customary international law of the ICRC First is the principle of distinction between civilians and combatants ICRC Vol 1 Rule 1 This requires that parties to an armed conflict distinguish between civilians and combatants and also between civilian objects and military targets This principle is indispensable for securing the protection of civilians Additional Protocols I and II prohibit 1 combatants from posing as civilians 2 indiscriminate attacks 3 acts of violence or threats to commit them whose primary purpose is to spread terror 4 the destruction of objects that are indispensable to the survival of communities 5 attacks on places of worship and on monuments Second the principle of proportionality in order to prevent unnecessary suffering among civilians the 1977 Additional Protocols seek to ensure respect for the principle of proportionality in all military operations They require all those involved to take every possible precaution with respect to the means and methods of warfare used so as to avoid or minimize incidental loss of life injury to civilians and damage to civilian objects Third the principle of protection this principle states that those who are not taking part in an armed conflict must be respected protected and treated humanely The 1977 Additional Protocols specify that 1 the wounded and sick both civilian and military must be collected and cared for without discrimination 2 Women and children must be respected and protected from any form of indecent assault 3 Children and adolescents must be granted special protection Those under the age of 15 must not be recruited or authorized to take part in hostilities 4 Family members who are separated by conflict should be reunited People also have the right to know the fate of missing relatives Fourth is the protection of combatants The 1977 additional protocols specify that 1 injuries and suffering inflicted on an opponent must not exceed that which is necessary to achieve a legitimate military objective 2 combatants who are no longer capable of taking part in military operations may not be attacked 3 In international conflicts combatants who are captured must be presumed to be prisoners of war and they must be protected as specified by the Geneva Conventions 4 prisoners of war who cannot be cared for must be set free Distinction Protecting Civilians in Armed Conflict http www icrc org eng assets files other icrc 002 0904 pdf These principles of distinction is necessary to accomplish the mission of the ICRC to protect the lives and dignity of victims of war and internal violence and to provide these victims with assistance in order to achieve this mission it must be clearly manifested by each combatant that the only legitimate object which States should endeavor to accomplish during war is to weaken the military forces of the enemy St Petersburg Declaration preamble cited in Vol II Ch 1 83