The Challenges in Enforcing the Principle of Distinction in Modern Combat Setting.

Abstract

The Principle of Distinction under IHL is in place to ensure that parties to an armed conflict differentiate between combatants and civilians at all times. The evolution of warfare in this modern era has however made it difficult to appreciate this Principle thereby affecting its applicability. This dissertation aims to examine the challenges that have come about as a result of modern forms of conflict, such as cyber operations and attacks, the use of autonomous weapon systems, and asymmetric warfare. It will also explore how the urbanization of battlefields and the technological sophistication of modern warfare have made implementation of the Principle of Distinction difficult. While borrowing from case studies from recent conflicts and analysing the existing legal frameworks, the study will highlight the gaps between the law and the realities of modern combat. The dissertation will conclude by providing recommendations for strengthening the enforcement or implementation and compliance with the Principle of Distinction through legal policies and technological reforms, therefore ensuring greater protection for civilian populations in future armed conflicts.