Crawford, Emily --- "The principle of distinction and remote warfare" [2017] ELECD 1271; in Ohlin, David Jens (ed), "Research Handbook on Remote Warfare" (Edward Elgar Publishing, 2017) 50

Book Title: Research Handbook on Remote Warfare

Editor(s): Ohlin, David Jens

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784716981

Section: Chapter 2

Section Title: The principle of distinction and remote warfare

Author(s): Crawford, Emily

Number of pages: 29

Abstract/Description:

The notion of ‘remote warfare’ is, arguably, not a new phenomenon. Since the invention of the crossbow, a belligerent involved in an armed conflict was no longer limited to engaging in hand-to-hand combat, and could attack and kill an enemy at a distance. The invention of the pistol and cannon only widened the gap between belligerents on the battlefield. However, even with such weapons, one needed to be in proximity to one’s adversary—one needed to be able to visually identify one’s enemy before being able to target them. Truly remote warfare—warfare conducted thousands of miles from active hostilities—was only made possible with the technological breakthroughs of the 20th century, such as aerial bombardment, inter-continental ballistic weaponry, and unmanned armed aerial vehicles. These new weapons and new modes of delivery were, and are still, subject to the extant laws of armed conflict (also known as international humanitarian law or IHL). The ‘newness’ of the weaponry, and the absence of any specific treaty obligation that regulates its use, does not relieve parties to the conflict from observing the fundamental principles of IHL, such as the principle of distinction. The principle of distinction provides that participants in an armed conflict must at all times distinguish between civilians and civilian objects, and military personnel and military objectives. Only military personnel and military objects may be made the subject of direct attacks; civilians and civilian objects are immune from direct targeting.