Common use of Targeting Clause in Contracts

Targeting. the principle of distinction and proportionality IHL regulates who and what may be the legitimate target of military action during armed conflict. At the heart of these rules is the principle of distinction, which counters the notion of total war and requires that civilians and civilian objects must be distinguished from military targets, and operations directed only against the latter. Distinction is the single most important principle for 98 The UK is party to AP I, but Afghanistan and the US are not, although the US signed it on 12 December 1977. However, as the ICRC notes, ‘it is not disputed that most of [AP I’s] norms on the conduct of hostilities also reflect customary international law.’ The ICTY has describes it as ‘not controversial that major parts of both Protocols reflect customary law’. Kordic´ and Cerkez, IT-95-14/2-PT, Decision on the Joint Defence Motion to Dismiss the Amended Indictment, 2 March 1999, para. 30. 99 See ‘ICRC Study on Customary IHL’, supra note 78. Issues regarding detention safeguards is an example where IHL provides little guidance in NIACs, as discussed in Chapter 7.3. The rules on POW status, e.g., do not apply in non-international armed conflict, therefore fighters in a NIAC, if captured, can be prosecuted for fighting against the state. Other protections such as humane treatment, safeguards against arbitrary detention and fair trial guarantees apply to both. See also Chapter 8 on rules governing Guantanamo detentions. 100 On definitions and elements of terrorism, see Chapter 2.