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Civilian casualties
Section 6.2
describes the main principles of International Humanitarian Law
(IHL),
also known
as the Law of Armed Conflict (LOAC) or the Law of War, how they
were
disseminated
to those engaged in military action, and how they were reflected in
the UK’s
Targeting
Directive and Rules of Engagement (ROEs).
The key
elements of IHL which apply to targeting of military objectives
during a conflict are
set out in
the 1977 Protocol Additional to the Geneva Conventions of 1949
(Protocol I).
The main
principles can be summarised as:
•
Distinction.
The parties to
the conflict must at all times distinguish between the
civilian
population and combatants, and between civilian objects and
military
objectives,
and shall direct their operations only against military
objectives
(Article
48).
•
Proportionality.
Military
objectives must not be attacked if the attack is likely
to
cause
civilian casualties or damage which would be excessive in relation
to the
concrete
and direct military advantage anticipated (Article
57:2:b).
•
Military
Necessity. Offensive
operations must be limited to those which are
necessary
(Article 57:3).
•
Feasible
Precautions. In the conduct
of military operations, constant care shall
be taken to
spare the civilian population, civilians and civilian
objects.
Those who
plan or decide upon an attack must take a number of specified
precautions,
focusing on
the principles outlined above (Article 57).
The Battle
Damage Assessment (BDA) process in place at the beginning of Op
TELIC was
set out in
the UK’s 2001 ‘Joint Targeting and Battle Damage Assessment for UK
Forces’.41
The paper
stated that the purpose of BDA was:
“… to
evaluate the overall effectiveness of an attack. It is also
required to determine
collateral
and additional damage in order to provide an authoritative
statement about
the
proportionality and legality of the attack, and on the absence or
presence of
collateral
or additional damage when required for rebuttal
purposes.”42
The paper
defined “collateral damage” as unintentional or incidental damage
affecting
facilities,
equipment or personnel that were not justifiable military
objectives. It defined
“additional
damage” as unintentional or incidental damage affecting facilities,
equipment or
personnel
that were justifiable military objectives.
The paper
did not describe how, after an attack, the number of civilian
casualties should
be
determined.
The MOD
told the Inquiry that, during Op TELIC 1, civilian casualty
incidents were classed
as “serious
incidents” for which investigation was mandated by the Commanding
Officer and
a “higher
authority”.43
The process
was formalised in June 2003, so that any incident
judged
to have
potentially fallen outside the UK’s ROEs was fully investigated by
the Service Police.
41
Paper,
January 2001, ‘Joint Targeting and Battle Damage Assessment for UK
Forces’.
42
Paper,
January 2001, ‘Joint Targeting and Battle Damage Assessment for UK
Forces, Annex G: BDA –
Phases and
Definitions’.
43
Paper MOD,
[undated], ‘Iraq Inquiry Request for Evidence on the Assessment of
Civilian Casualties
Sustained
during Military Operations’.
181