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The Protection of the Civilian Population and NATO Bombing on Yugoslavia: Comments on a Report to the Prosecutor of the ICTY
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2001
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LawHumanitarian LawProportionality TestEducationPeace OperationCivilian ProtectionInternational Criminal LawNato BombingPublic PolicyCrime Against HumanityInternational RelationsProportionality PrincipleInternational LawInternational Humanitarian LawCivil DefenseArmed ConflictNational SecurityCivilian PopulationWar CrimeInformation Warfare
The proportionality principle requires balancing military advantage against civilian damage. The report analyzes rules on protecting the environment, prohibiting attacks on civilian objects, and limiting collateral damage by proportionality. The report finds no grounds for prosecuting NATO bombing actors but criticizes the analysis for being overly restrictive on environmental protection, treating infrastructure as inherently military, neglecting its actual military value, and basing proportionality on a questionable value system.
A report to the Prosecutor of the ICTY concludes that there was no sufficient reason to institute proceedings against persons responsible for the NATO bombing campaign against Yugoslavia. The following rules of international humanitarian law were analysed in the report: protection of the environment in times of armed conflict; prohibition on attacking civilian objects; and the limitation of admissible collateral damage according to the proportionality principle. In relation to the protection of the environment, the report is too restrictive as it combines the test provided for by Protocol I Additional to the Geneva Conventions with a proportionality test. In relation to the protection of civilian objects, or the definition of military targets, the report practically sticks to the traditional assumption that traffic and communications infrastructure always constitutes a military objective. It fails, despite some lip service to the contrary, to ask the necessary critical question as to the real contribution of that infrastructure to the military effort of Yugoslavia. The proportionality principle requires a balancing of military advantage and civilian damage. The report's view concerning the value system which has to inspire this balancing process is highly questionable, in particular taking into account the humanitarian purpose of the entire operation.