Targeting War-Sustaining Capability at Sea: Compatibility with Additional Protocol I
Abstract
The laws of targeting at sea have not kept pace with contemporary state practice and law. In particular, the practice of attacking economic ("war-sustaining") targets at sea requires clarification to demonstrate its continuing legality. Additional Protocol I to the 1949 Geneva Conventions (Additional Protocol I) introduced a restrictive definition of a military objective, aspiring to restrict the use of force in armed conflict. It is generally recognized as an authoritative expression of legal constraints on targeting. Despite the widespread adoption of Additional Protocol I, its application to naval warfare is unclear. The U.S. Navy's Commander's Handbook on the Law of Naval Operations (Commander's Handbook) offers a competing definition of a legitimate military objective, permitting the targeting of adversaries' war-sustaining capability. Scholarly debate has compared and contrasted the Additional Protocol I definition of a target with that found in the Commander's Handbook. However, this debate generally concerns the direct targeting of civilian persons, rather than the traditional economic objectives of naval campaigns. The definition of targeting war-sustaining assets at sea needs clarification to affirm its compatibility with international law and to better distinguish the law of war at sea from the laws of land warfare.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jul 01, 2009
- Accession Number
- ADA521426
Entities
People
- David A. Melson
Organizations
- The Judge Advocate General's Legal Center and School