Military objectives
(1) (y) “Military objectives”, as far as objects are concerned, are 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.
[Commentary]
- The first use of the term “military objective” is found in Art. 24 (1) of the HRAW.[98] The seminal definition of “military objective” appears in Art. 52 (2) of AP/I,[99] upon which the definition in this Manual is based. This definition is considered to be reflective of customary international law, although there are differing interpretations of the definition in practice (see, e.g., the Commentary on Rule 24).
- The definition is framed in terms of objects. Combatants and civilians who directly participate in hostilities are also lawful targets (see Rule 10 (b)). However, although these two categories are sometimes referred to as military objectives,[100] for the purposes of this Manual, military objectives are limited to objects.
- The definition sets forth two separate yardsticks: (i) that the object makes an effective contribution to military action of the enemy; and (ii) that its destruction, capture or neutralization yields a definite military advantage to an attacker. In practical terms, compliance with the first criterion will generally result in the advantage required of the second. See also paragraph 4 of the Commentary in the chapeau on Rule 22.
- The term “effective” merely means that there must in fact be a contribution to the enemy’s military action. There is no requirement that the contribution be significant.
- The four criteria — nature, location, purpose or use — are defined in Rule 22.
- It is generally understood that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack (see paragraph 6 of the Commentary on Rule 1 (w), paragraph 11 of the Commentary on Rule 14 and paragraph 3 of the Commentary on Rule 33).
- By the definition, the destruction, capture[101] or neutralization must offer a “definite military advan-tage” in the circumstances ruling at the time. The term “definite” is employed to exclude advantage which is merely potential, speculative or indeterminate.[102]
- It is a matter of dispute whether the definition includes objects which indirectly yet effectively support military operations. There was, however, agreement in the Group of Experts that objects which directly support military operations, come within the boundaries of this definition. Yet, the NWP interprets the definition more broadly to include “war-sustaining” objects, explicating the phrase by reference to “[e]conomic objects of the enemy that indirectly but effectively support and sustain the enemy’s war-fighting capability.” See the Commentary on Rule 24 and Para. 8.2.5 of NWP.[103]
- Art. 24 (1) of the HRAW: “Aerial bombardment is legitimate only when directed at a military objective, that is to say, an object of which the destruction or injury would constitute a distinct military advantage to the belligerent.”
- Art. 52 (2) of AP/I: “Attacks shall be limited strictly to military objectives. Insofar 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.”
- See Para. 2017 of the ICRC Commentary on AP/I: “It should be noted that the definition is limited to objects but it is clear that members of the armed forces are military objectives.”
- The notion of “capture” here is to be distinguished from the notion of “capture as prize” under Section U of this Manual.
- Para. 2024 of the ICRC Commentary on AP/I: “Finally, destruction, capture or neutralization must offer a ‘definite military advantage’ in the circumstances ruling at the time. In other words, it is not legitimate to launch an attack which only offers potential or indeterminate advantages. Those ordering or executing the attack must have sufficient information available to take this requirement into account; in case of doubt, the safety of the civilian population, which is the aim of the Protocol, must be taken into consideration.”
- Para. 8.2.5 of NWP, see fn. 262.
Categories: Section A: Definitions
