What are the principles of distinction and proportionality?

Under international humanitarian law, the principles of distinction and proportionality regulate how attacks may be carried out during armed conflict.

Distinction requires parties to a conflict to distinguish between civilians and combatants (members of armed forces or armed groups), and between civilian objects and military objectives. Attacks may only be directed at combatants and military objectives. Civilians and civilian objects, such as homes, schools, hospitals and places of worship, must not be targeted.

Proportionality applies even when a military target is lawful. It recognizes that civilians and civilian objects may be harmed during an attack on a military objective. However, an attack is prohibited if the expected civilian harm would be excessive compared to the military advantage gained. Parties to a conflict must make this assessment before an attack, using the information available at the time.

If distinction or proportionality are not respected, an attack may be unlawful and, in serious cases, may amount to a war crime or crime against humanity under international law.

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