The key here is the word incidental, meaning outside of the military target. (2) Proportionality – “Loss of life and damage to property incidental to attacks must not be excessive in relation to the concrete and direct military advantage expected to be gained.”. This does not mean that civilians cannot be legally harmed or killed under the law only that civilians and civilian property should not be the object or the purpose of the attack. (1) Distinction– “In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” The only legitimate object of attack in an armed conflict is military personnel or property.
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