POLI 359 Lecture Notes - Lecture 4: Ethnic Cleansing, Palestinians, Hors De Combat

• School: McGill University
• Department: Political Science
• Course: POLI 359
• Professor: Fernando Nunez- Mietz

Document Summary

Determine conflict status: international (ca2) conflict. Y > pow (or article 5 tribunal if doubt: detention (plus prosecution if war crimes) N > determine participation in hostilities: direct participation. Detention + prosecution: indirect participation or no participation. Y > detention (subject to periodic review) 4 core principles of ihl: distinction, military necessity. Has to serve some military aid: unnecessary suffering. Avoid seeking of harm, especially to enemy combatants. You should not cause pain/injuries that are superfluous. If it is equally costly to use one weapon over the other, you are obligated to use the more humane weapon: proportionality. Innocent civilians can be killed as collateral damage. Depends: on expected civilian damage vs expected military advantage to be obtained by the attack. Civilian damage cannot be excessive when compared to military advantage: what does excessive mean in this context, there are certain scenarios where this principle is satisfied (i. e. no casualties, many casualties)