The principle of distinction is one of the cardinal rules of international humanitarian law (IHL), governing the conduct of hostilities in both international and non-international armed conflicts. It requires parties to a conflict to distinguish at all times between combatants and civilians, and between military objectives and civilian objects, directing attacks only against the former.
The rule is codified in Article 48 of Additional Protocol I (1977) to the Geneva Conventions, which states the "basic rule" that parties "shall at all times distinguish." Articles 51 and 52 of the same Protocol elaborate the protection of the civilian population and civilian objects, prohibiting indiscriminate attacks — those not directed at a specific military objective or that employ methods which cannot be so directed. Additional Protocol II (1977) extends comparable protections to non-international armed conflicts. The International Committee of the Red Cross (ICRC) Customary IHL Study identifies distinction as Rules 1, 7, and related entries, treating it as binding customary law on all states regardless of treaty ratification.
Key operational consequences include:
- Targeting: only combatants and objects making an "effective contribution to military action" whose destruction offers a "definite military advantage" may be attacked.
- Civilian presumption: in case of doubt, a person or object is presumed civilian.
- Loss of protection: civilians lose protection "for such time as they take a direct part in hostilities."
- Prohibition on human shields and on using civilian status to feign protection (perfidy).
The International Court of Justice, in its 1996 Nuclear Weapons advisory opinion, described distinction as one of the "intransgressible principles" of customary international law. Violations can constitute war crimes under Article 8 of the Rome Statute of the International Criminal Court, including intentionally directing attacks against civilians or civilian objects. The principle works alongside, but is analytically separate from, the principles of proportionality and precautions in attack.
Example
In the 2024 ICJ proceedings on Gaza, South Africa argued that Israeli strikes on densely populated areas violated the principle of distinction under Additional Protocol I and customary IHL.
Frequently asked questions
Primarily in Articles 48, 51, and 52 of Additional Protocol I (1977) to the Geneva Conventions, and reflected in Additional Protocol II for non-international armed conflicts. The ICRC treats it as binding customary law.
Keep learning