Skip to main content
Skip to footer
H2O
Search
Sign up for free
Sign in
Casebook
Read
Main Content
International Humanitarian Law/Laws of War
Section
5
V. CONDUCT OF HOSTILITIES
Section Contents
5.1
Targeting: Objectives [Required]
5.1.1
Jann Kleffner, “Scope of Application of International Humanitarian Law,” in The Handbook of International Humanitarian Law, Third Edition, ed. Fleck (Oxford: Oxford University Press, 2013), pp. 70–78 (sections 246–255)
Link
5.1.2
Shimoda et al. v. The State, District Court of Tokyo, December 7, 1963, International Law Reports, Vol. 32, pp. 626–634
Link
5.1.3
Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia, 2000, paras. 48–91
Link
5.1.4
Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes in Weight (St. Petersburg Declaration), December 1868.
Text
5.1.5
General Orders No. 100: The Lieber Code - Instructions for the Government of Armies of the United States in the Field (1863)
Text
5.1.6
Hague Regulations (1899), Preamble (the Martens Clause)
Link
5.1.7
Laws and Customs of War on Land (Hague IV), October 18, 1907
Text
5.1.8
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977
Text
5.1.9
Canada, Reservations and Statements of Understanding Made upon Ratification of Additional Protocol I, November 20, 1990, para. 7
Link
5.1.10
William K. Lietzau and Joseph A. Rutiglioano, Jr., “History and Development of the International Law of Military Operations,” in The Handbook of the International Law of Military Operations, eds. Gill and Fleck (Oxford: Oxford University Press, 2010), pp. 21–31 (sections 2.01–2.02)
Link
5.2
Targeting: Objectives [Supplemental]
5.2.1
Michael N. Schmitt, “The Law of Targeting,” in Perspectives on the ICRC Study on Customary International Humanitarian Law, eds. Wilmshurst and Breau (Cambridge: Cambridge University Press, 2007), pp. 131–168
Link
5.3
Targeting: Proportionality & Other Principles [Required]
5.3.1
Mary Ellen O’Connell, “Historical Development and Legal Basis,” in The Handbook of International Humanitarian Law, Third Edition, ed. Fleck (Oxford: Oxford University Press, 2013), pp. 41–42 (sections 148–151).
Link
5.3.2
Jann Kleffner, “Scope of Application of International Humanitarian Law,” in The Handbook of International Humanitarian Law, Third Edition, ed. Fleck (Oxford: Oxford University Press, 2013), pp. 70–78 (sections 246–255)
Link
5.3.3
Prosecutor v. Gotovina and Markač, ICTY, Appeals Chamber, Case No. IT-06-90-A, Judgment, November 16, 2012, paras. 2–5, 23–84
Link
5.3.4
Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia, 2000, paras. 48–91
Link
5.3.5
Laws and Customs of War on Land (Hague IV), October 18, 1907
Text
5.3.6
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977
Text
5.3.7
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), June 8, 1977
Text
5.3.8
Michael N. Schmitt, “Targeting in Operational Law,” in The Handbook of the International Law of Military Operations (Oxford: Oxford University Press, 2010), pp. 255–271 (sections 16.04–16.12)
Link
5.4
Targeting: Proportionality & Other Principles [Supplemental]
5.4.1
Rogier Bartels, “Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials,” Israel Law Review, Vol. 46, No. 2, 2013, pp. 271–315
Link
5.5
Means and Methods of Warfare [Required]
5.5.1
Mary Ellen O’Connell, “Historical Development and Legal Basis,” in The Handbook of International Humanitarian Law, Third Edition, ed. Fleck (Oxford: Oxford University Press, 2013), pp. 41–42 (sections 148–151).
Link
5.5.2
Legality of the Threat or Use of Nuclear Weapons, ICJ, Advisory Opinion, ICJ 1996, July 8, 1996, paras. 51–97
Link
5.5.3
Letter dated 16 June 1995 from the Legal Adviser to the Foreign and Commonwealth Office of the United Kingdom of Great Britain and Northern Ireland, together with Written Comments of the United Kingdom (International Court of Justice, concerning UN General Assembly Resolution No. 49/75K), paras. 3.56–3.83
Link
5.5.4
Letter dated 16 June 1995 from the Minister for Foreign Affairs a.i. of the Netherlands, together with Written Statement of the Government of the Netherlands (International Court of Justice, concerning UN General Assembly Resolution No. 49/75K), paras. 17–32
Link
5.5.5
Laws and Customs of War on Land (Hague IV), October 18, 1907
Text
5.5.6
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977
Text
5.5.7
Rome Statute of the International Criminal Court (ICC), July 17, 1998
Text
5.6
Means and Methods of Warfare [Supplemental]
5.6.1
Army Field Manual (27-10, 1956), paras. 45–55 (pp. 22–23)
Link
5.6.2
Letter dated 20 June 1995 from the Acting Legal Adviser to the Department of State, together with Written Statement of the Government of the United States of America, (International Court of Justice, concerning UN General Assembly Resolution No. 49/75K), pp. 21–42
Link
5.6.3
Letter dated 20 June 1995 from the Ambassador of India, together with Written Statement of the Government of India (International Court of Justice, concerning UN General Assembly Resolution No. 49/75K)
Link
5.7
Targeting: Simulation Exercise [Required]
5.7.1
Prosecutor v. Strugar, ICTY, Trial Chamber, Case No. IT-01-42-T, Judgment, January 31, 2005, paras. 79–214, 218–330, Annexes I–IA, III.C–D [skim]
Link
5.7.2
A.P.V. Rogers and Darren Stewart, “The Role of the Military Legal Advisor,” in The Handbook of the International Law of Military Operations, eds. Gill and Fleck (Oxford: Oxford University Press, 2010), pp. 537–564 (sections 31.01–31.04).
Link
5.8
Targeting: Simulation Exercise [Supplemental]
5.8.1
UN Fact Finding Mission on the Gaza Conflict (Goldstone Inquiry), Executive Summary, paras. 1–2, 29–31, 35–47
Link
5.8.2
The State of Israel, The Operation in Gaza: Factual and Legal Analysis (July 2009), paras. 250–265
Link