Deducing the Measuring Standard of Concrete and Direct Military Advantage Anticipatedd Referred to in Article 51(5)(b) of Additional Protocol I to the 1949 Geneva Conventions

Abstract

The aim of Protocol I Additional to the Geneva Conventions (1977) fully reflects the purpose of international humanitarian law, which is the protection of civilians from the inevitable harm caused by armed conflicts. This protection is partly offered through the prohibition on indiscriminate attacks, found in article 51(5)(b). It covers attacks which do not target military objects, or cause excessive civilian collateral damage compared to the concrete and direct military advantage that is anticipated. To give effect to this provision, military necessity needs to be balanced with humanity. This article will explore how the balance between military necessity and humanity is drawn in humanitarian law. The focal point of this article is deducing the standard for measuring ‘concrete and direct military advantage anticipated’, codified in Additional Protocol I, article 51(5)(b).