Difference between revisions of "Military objectives"

<blockquote>In so far 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.</blockquote>
 
The formal scope of application of the Protocol is limited only to [[International armed conflict|international armed conflicts (IACs)]].<ref>Art 1 AP I.</ref> However, an identical definition of military objectives is found in treaties applicable in [[Non-international armed conflict|non-international armed conflicts (NIACs)]].<ref>See, eg, Amended Protocol II to the CCW, Article 2(6); Second Protocol to the Hague Convention for the Protection of Cultural Property, Article 1(f).</ref> Moreover, certain non-party States to the Protocol accept the customary nature of the definition.<ref>See, eg, Brian Egan, Legal Adviser, Department of State, “[https://digital-commons.usnwc.edu/ils/vol92/iss1/7/ Remarks to the American Society of International Law: International Law, Legal Diplomacy, and the Counter-ISIL Campaign]” (1 April 2016) (“In particular, I’d like to spend a few minutes walking through some of the targeting rules that the United States regards as customary international law applicable to all parties in a NIAC: … Insofar as objects are concerned, military objectives 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.”).</ref> Accordingly, the ICRC has characterized the definition of military objectives as a norm of customary international law applicable in both IACs and NIACs.<ref>ICRC Study, rule 8.</ref>
 
Relevant rules of IHL apply to kinetic operations as well as to cyber operations.<ref>Tallinn Manual 2.0, rule 80 (“Cyber operations executed in the context of an armed conflict are subject to the law of armed conflict.”).</ref>