Application Of The Principle Of Distinction In The Israel–Iran Armed Conflict: A Critical Analysis
- IJLLR Journal
- May 22
- 1 min read
R. Sathish Kumar, LLM, University of Madras.
ABSTRACT
The principle of distinction, a cornerstone of international humanitarian law. The escalating military confrontation between Israel and Iran, culminating in Iran's unprecedented direct ballistic missile and drone attacks of April and October 2024, and Israel's retaliatory strikes, has thrust the international humanitarian law (IHL) principle of distinction into sharp relief. This article critically examines whether the belligerents have complied with the obligation to distinguish at all times between civilians and combatants, and between civilian objects and military objectives. Drawing on the framework established under the 1977 Additional Protocol I to the Geneva Conventions, customary international humanitarian law, and relevant jurisprudence, the article analyses specific incidents from the ongoing conflict, assesses allegations of violations, and evaluates the institutional responses of the United Nations and civil society. It further investigates allegations of violations, including attacks on civilian infrastructure, disproportionate use of force, and challenges in identifying legitimate military objectives in densely populated or dual-use environments. It argues that both parties have fallen short of their IHL obligations, exposing a troubling accountability gap that demands urgent attention from the international community.
Keywords: Principle of Distinction, International Humanitarian Law, Israel–Iran Conflict, Additional Protocol I, Customary IHL, Military Objectives, Civilian Protection, Proportionality.
