The Legality of Attacking War-Sustaining Economic Objects
Abstract
The purpose of this research is to discern whether the United States is correct that parties to armed conflict may legally attack a place or thing when that place or thing merely contributes economically to the enemy's ability to sustain the conflict. The conduct of the ongoing struggle against the Islamic State in Iraq and Syria has raised old questions concerning the proper interpretation of international law as to whether certain places and things may be classified as military objectives and thus attacked in times of war. The United States has argued that so-called war-sustaining economic objects are military objectives based solely upon the economic support they provide to the enemy's overall war effort. However, other states and international law scholars have argued that the U.S. position violates the letter and the spirit of the law, claiming that it would in practice eliminate any meaningful protection for civilian populations by exposing virtually every civilian economic activity to attack. To determine whether the U.S. position is legally valid, this research used the problem/solution research methodology to analyze applicable treaty law and customary international law as demonstrated by the practice of states across more than a century of conflict. While a textual analysis of applicable treaty law reveals a preference by the drafters for a restrictive definition of the term military objective that would exclude war-sustaining economic objects, state practice shows a strong preference for an expansive definition in line with the U.S. position. While the U.S. position is therefore legally valid, the United States and other states should institute specific rules in their national military policies that ensure they exercise restraint in using force to achieve their objectives for the sake of mitigating the suffering of affected civilian populations.
Document Details
- Document Type
- Technical Report
- Publication Date
- Dec 01, 2016
- Accession Number
- AD1054604
Entities
People
- Israel D King
Organizations
- Air Command and Staff College