Scientific article
OA Policy
English

The duty to take into account foreseable reverberating effects in contemporary armed conflicts

ContributorsTignino, Mara
Published inRassegna della giustizia militare, vol. 4, p. 61-70
Publication date2024
Abstract

In hard law instruments of international humanitarian law, such as treaties and conventions, there is no explicit reference to the concept of reverberating effects related to a military attack. However, the notion of incidental loss of civilian life, injury to civilians, or damage to civilian objects, as stated in the principle of proportionality, is to be interpreted by military forces to include the concept of reverberating impacts. Additionally, under the principle of precautions, the obligation to take constant care to spare civilians and civilian objects must also be applied by military commanders, including an assessment of the reverberating impacts that may result from an attack. This paper aims to examine the key features of the obligation to consider the foreseeable reverberating impacts of a military attack on civilians and civilian objects. It will also explore some of the criteria to consider for determining the reasonable and foreseeable nature of the impacts caused by a lawful or unlawful military attack on civilians.

Keywords
  • International humanitarian law
  • Proportionality
  • Precautions
Citation (ISO format)
TIGNINO, Mara. The duty to take into account foreseable reverberating effects in contemporary armed conflicts. In: Rassegna della giustizia militare, 2024, vol. 4, p. 61–70.
Main files (1)
Article (Published version)
accessLevelPublic
Identifiers
  • PID : unige:182593
Journal ISSN0391-2787
53views
13downloads

Technical informations

Creation13/01/2025 12:56:47
First validation14/01/2025 10:26:44
Update time20/01/2025 14:23:37
Status update20/01/2025 14:23:37
Last indexation20/01/2025 14:23:51
All rights reserved by Archive ouverte UNIGE and the University of GenevaunigeBlack