1061. The Principle of Distinction and Weapon Systems on the Contemporary Battlefield
- Author:
- Michael N. Schmitt
- Publication Date:
- 03-2008
- Content Type:
- Journal Article
- Journal:
- Connections
- Institution:
- Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
- Abstract:
- This article examines, primarily from the perspective of U.S. forces, the challenges faced by technologically advantaged forces on the asymmetrical battlefield vis-à-vis the legal principle of distinction. Distinction, the linchpin of international humanitarian law, requires that parties to a conflict conduct their operations in a manner that distinguishes between combatants and civilians, as well as between civilian objects and military objectives. Paradoxically, the technological edge that advanced militaries enjoy over their enemies may present problems in terms of ensuring compliance with the distinction principle, particularly at the tactical level of warfare. The conflict in Iraq has demonstrated that on an asymmetrical battlefield, the weaker party may adopt tactics that violate the norm in order to offset its technological disadvantage. When this occurs, compliance by the advantaged party is also complicated. Safeguarding the principle of distinction, therefore, requires altering the cost-benefit calculations of the side facing defeat at the hands of its stronger opponent.
- Political Geography:
- United States and Iraq