Chapter 7 looks at the law of targeting, which, in addition to imposing conditions on all targeting decisions, provides additional rules on the protection of civilians from the deleterious effects of armed conflict. The philosophical underpinnings of the law are explained, along with the core requirements of what constitute military objects and military objectives. Additional qualifications on permissible targeting are outlined – the requirements of proportionality and the precautions to be taken in attack, and the prohibition on indiscriminate attacks. The chapter explains the specific rules on targeting certain objects such as cultural property, the environment, medical facilities, works containing dangerous forces, objects necessary fo the survival or the civilian population and non-defended localities. The problem of dual-use (military/civilian) objects is examined, as is the law of targeting applicable in non-international armed conflict.

The chapter discusses the application of the principle of distinction to combatants and civilians, the consequences of that distinction and the issue of those civilians who directly participate in hostilities both in IACs and NIACs. It then discusses the application of the concept in cyber warfare. The chapter then considers the positions of members of private military security companies, unlawful combatants and UN peacekeepers.

This chapter formulates guidance for applying the IHL proportionality rule by looking at its objectivity; the standard of the reasonable commander and the interpretation of the term ’excessive’.

This chapter contains an analysis of the practical application of the IHL proportionality rule by looking at a number of examples of factual situations.

This chapter contains an overview of the development of the IHL rule on proportionality in treaty law and a discussion of its existence as a customary IHL rule.

In addition to the IHL proportionality rule, IHL contains a number of other rules that fulfil a similar role as a standard of moderation and with a broader scope, including effects on enemy forces.

This chapter provides insight into the practical and legal context in which the proportionality rule must be applied: the targeting process; indiscriminate attacks and precautionary measures.

The aim of this chapter is to assess the different factors which comprise the IHL proportionality rule.

Introduction to the study of proportionality rule in international humanitarian law.

IHL proportionality as a principle of IHL and the manifestations of proportionality in other legal frameworks relating to the use of force.

This chapter pleads for a refocussed application of the IHL proportionality rule, tilting the balance more towards humanity; and analyses whether it needs to be clarified or changed.

This chapter addresses the relevance of the peacetime qualification of some groups of animals as ‘endangered species’ in situations of armed conflict, both international and non-international. The chapter first gives an overview of the lex lata on endangered animal species in international environmental law. It discusses a number of options to enhance the protection of ‘endangered species’ in situations of armed conflict. By way of interpretation and by way of analogy, the rationale of peacetime protection of ‘endangered species’ can be integrated into international humanitarian law. The chapter finally argues that the protection of ‘endangered species’ in situations of armed conflict can be improved by a protection similar to specially protected objects such as cultural objects and livestock.

Section E seeks to show how the law on the conduct of hostilities that would apply in relation to the use of conventional weapons also applies in respect of nuclear weapon operations. The Rules and Commentaries deal with persons participating in the hostilities, who are distinguished from protected civilians, and with specific issues of naval and air warfare. The Rules and Commentaries on nuclear targeting address the notion of ‘attack’, the principle of distinction, prohibited nuclear attacks, the definition of military objectives, proportionality and active and passive precautions. As to methods of nuclear warfare, the Section addresses perfidy and ruses, the improper use of protective indicators and emblems, as well as the concept of zones. The Section further includes Rules and Commentaries on persons and objects entitled to specific protection and on the protection of the natural environment in times of armed conflict.