Precautions in attack is a core rule of international humanitarian law (IHL) codified in Article 57 of Additional Protocol I (1977) to the Geneva Conventions. It requires that "constant care shall be taken to spare the civilian population, civilians and civilian objects" during military operations. The rule binds those who plan, decide upon, and execute attacks.
Article 57 sets out specific obligations:
- Verify targets are military objectives and not civilians or civilian objects.
- Choose means and methods of attack to avoid, or at least minimise, incidental civilian loss, injury, and damage to civilian objects.
- Assess proportionality — refrain from launching any attack expected to cause incidental civilian harm excessive in relation to the concrete and direct military advantage anticipated.
- Cancel or suspend an attack if it becomes apparent the target is not a military objective or that the proportionality rule would be violated.
- Give effective advance warning of attacks that may affect the civilian population, unless circumstances do not permit.
The ICRC's 2005 Customary IHL Study identifies precautions in attack (Rules 15–21) as customary international law, binding on all states and armed groups regardless of treaty ratification. This is important because key military powers, including the United States, India, and Israel, are not party to Additional Protocol I but are still bound by the customary rule.
The standard is one of feasibility, judged on information reasonably available to the commander at the time, not with hindsight. "Feasible precautions" are those practicable taking into account all circumstances, including humanitarian and military considerations.
Precautions in attack is distinct from, but complements, the principles of distinction and proportionality. Failure to take feasible precautions can contribute to a finding of an indiscriminate or disproportionate attack, and serious violations may amount to war crimes under the Rome Statute (notably Article 8(2)(b)(iv)).
Example
In its 2009 Goldstone Report on the Gaza conflict, the UN Fact-Finding Mission examined whether Israeli forces had taken feasible precautions in attack — including the adequacy of "roof-knock" warnings — as required by Article 57 of Additional Protocol I and customary IHL.
Frequently asked questions
Yes. The ICRC's Customary IHL Study (Rules 15–21) treats the obligation as customary law applicable in both international and non-international armed conflicts, binding all parties including non-state armed groups.
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