fanger
Gold Member
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- #61
Crimes of War ? Immunity from AttackThere are exceptions. A school, for example, becomes a legitimate military target if soldiers are based there. With hospitals, the situation is more complicated since they are permitted to keep armed guards on their grounds. But immunity from attack can be lost if the people or objects are used to commit acts that are harmful to one side in a conflict. If the Bosnian Serbs besieging Sarajevo had concluded that government forces were firing weapons from within the Kosevo hospital complex, they would have had the right to fire back—but only if they had first asked the Bosnian government to stop using the hospital as a shield and had given them a reasonable period to comply.
Causing harm to an innocent person or object is not always illegal. Civilian deaths and damage are allowed as the result of an attack on a military target, but only if the attack is likely to confer a definite military advantage. Damage to people or objects who are in principle deemed to be immune under international humanitarian law must not be excessive in relation to the expected military gain. For example, breaking the windows of a hospital during an attack on an arms dump five hundred meters away would not be illegal since the civilian damage would be far outweighed by the military gain.
But keeping legitimate military targets separate from protected civilian sites is hard to do on the ground. Under international humanitarian law, the parties to a conflict are obliged to separate their military from their civilians as much as possible. But the reality is that this can be difficult. In Sarajevo, for example, the territory under siege was so small that to do so was all but impossible. That said, in Sarajevo, as in many towns across Bosnia-Herzegovina, it seemed clear that the besiegers’ primary target was civilians. That was one of the reasons why Radovan Karadzic and Ratko Mladic, the civilian and military leaders of the secessionist Bosnian Serbs, were charged with war crimes by the International Criminal Tribunal in The Hague.
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