Urbanization Of Warfare PDF

URBANIZATION OF WARFARE Introduction Urban warfare presents one serious threat to civilian security and integrity during armed conflict, as hostilities in densely populated areas often result in high civilian casualties and widespread destruction of infrastructure, escalating military operations int...

URBANIZATION OF WARFARE Introduction Urban warfare presents one serious threat to civilian security and integrity during armed conflict, as hostilities in densely populated areas often result in high civilian casualties and widespread destruction of infrastructure, escalating military operations into serious humanitarian tragedies. The use of explosive weapons in populated areas is devastating, causing the majority of deaths, injuries and destruction. International Humanitarian Law plays a crucial role in mitigating the harm of the civilians, ensuring their protection and establishing a conduct for the hostilities in urban areas. Q1: What are the current IHL provisions with regard to the urbanization of warfare? Even though there is no law prohibiting explicitly the conduct of hostilities in urban settings, the fundamental rules and principles of International Humanitarian Law bind all parties to the conflict. In accordance with the main purpose of IHL, the limits imposed to this type of warfare aim to protect civilians and the civilian infrastructures. For an attack to be lawful, the principles of distinction, proportionality and precautions must be respected. According to customary International Law and the Additional Protocol I of the Geneva Conventions, the distinction between civilians and combatants is fundamental to the conduct of war. Regarding the core principle of distinction, there are three important dimensions when it comes to urban warfare. The prohibition of indiscriminate attacks (Art.51), the prohibition to use human shields and the obligation to protect civilian objects indispensable to the survival of the population (Art.52), are crucial to ensure that all parties minimize civilian harm in conflict zones. Attacks involving explosives weapons must also be avoided, in populated areas, in order to prevent unacceptable harm or destruction. Alongside the principle of distinction, the principle of proportionality must also be taken into consideration. On this matter, IHL, under Art. 57 of Additional Protocol I, prohibits military attacks that may be expected to cause incidental civilian harm that would be excessive in relation to the military advantage anticipated. The parties to a conflict shall take all feasible measures to guarantee that the targets are military objectives and that indirect or reverberating effects that may result from an attack are considered as well. However, its practical application in urban warfare is complicated by the unpredictability of damage and the difficulties in evaluating military advantage in real-time. Because urban warfare occurs among civilians, “constant care shall be taken to spare the civilian population, civilians and civilian objects.” (Art. 57, Additional Protocol 1 to the Geneva Conventions). As a result, IHL requires the parties to take precautions in attacks to minimize harm to the civil population and infrastructure, including issuing advance warnings to civilians, unless circumstances prevent it. That said, IHL applies to its fullest extent in an urban setting, even to the conduct of hostilities during sieges. Q2: What are some of the key developments in urbanization of warfare? To answer this question it is necessary to address the besiege concept previously mentioned: it is important to mention that under IHL it is not prohibited to besiege an area or to block their reinforcement or resupply, including forcing surrender through starvation. As IHL rules apply to the conduct of hostilities during sieges, it is not prohibited to attack military objectives within a besieged area, such attacks being carried out in conformity with the principles of distinction, proportionality, and precautions. This being said, IHL offers vital protection to those civilians by imposing limits to what parties can do during such sieges. An example of this could be the prohibition to attack civilians fleeing besieged areas. IHL also categorically forbids using the presence of civilians to render certain areas immune from military operations, for instance in attempts to impede the military operations of the besieging forces- using the civilian population as human shields. the starvation of the civilian population is also forbidden as a method of warfare, as well as attacking, destroying, removing, or rendering useless objects indispensable to the survival of the civilian population. Lastly, the besieging party must be conducted with full respect for IHL and Human Rights Law, particularly with regard to human treatment, living conditions and relevant procedural safeguards in cases of detention, and the prohibition against collective punishment. Applicability of these rules is uncontested. Following the question’s line, the most recent change in regards to this topic could be NATO’s 2003 RTO Technical Report 71, which gives insights from the perspective of a soldier operating in urban spaces. It sets a certain target to prepare all soldiers effectively by 2020. Some key points treated in the report (Hoffman, A. 2017. pp. 184-188): -It emphasizes that the urban terrain is deliberately chosen by the enemy to weaken the efficiency of counterinsurgency forces, however it neglects to state that the urban terrain is equally remodeled by the engagement of the occupying power. -It stresses that by using an asymmetric approach an insurgent can operate more freely and effectively in crowded urban areas to harass the forces of law and order with a much-reduced risk to himself. -The urgent need that the occupying power sees in restoring security over all central needs is directly linked to this account. -The blurred nature of civilians and combatants also points to loopholes in IHL that can be misused and interpreted in ways that might go against the principles of IHL, while justified by security needs. This need to change the approach to the matter emerges from the fact that IHL in its current form is not able to assure a humanitarian conduct of war in compliance with its main principles: proportionality, precaution, and the distinction between civilians and soldiers. Q3: Why is urbanization of warfare considered to be a challenge to IHL? Rise in Civilian Population: It is challenging in urban settings to differentiate between civilians and fighters due to the high population density. IHL mandates that parties in conflict must safeguard civilians and refrain from aiming at them. Nonetheless, military objectives are frequently mixed with civilian facilities in urban areas, resulting in an increased likelihood of civilian harm ("International humanitarian law and the challenges of contemporary armed conflicts," 2015). Urban combat frequently leads to substantial damage to crucial civilian infrastructure such as hospitals, water sources, and educational facilities. IHL safeguards civilian infrastructure, however combat in urban areas may result in unintended harm to these buildings, breaching humanitarian principles. Employing Explosive Weapons: Deploying heavy and explosive weaponry in crowded urban areas results in excessive harm to civilians and extensive destruction. IHL highlights the importance of maintaining proportionality and taking precautions during attacks, which can be more challenging to uphold in urban environments. Difficulties in delivering humanitarian aid arise when trying to reach civilians requiring protection and assistance in urban combat zones. Siege tactics or continued hostilities may hinder humanitarian organizations from providing aid, breaching the IHL rule of ensuring relief for civilians (Eirini Giorgou, 2022). Higher likelihood of violating principles of distinction and proportionality: International humanitarian law requires that attacks target only military objectives and not cause disproportionate harm to civilians compared to the expected military benefit. In urban settings, it becomes increasingly difficult to achieve this balance because military and civilian entities are in such close proximity ("Proportionality | How does law protect in war?," n.d.). REFERENCES Eirini Giorgou. (2022, January 26). Explosive weapons: Civilians in populated areas must be protected. International Committee of the Red Cross. https://www.icrc.org/en/document/civilians-protected-against-explosive-weapons Hoffman, A. (2017, February). The Urbanization of Warfare: Historical Development and Contemporary Challenges for International Humanitarian Law. St. Anthony’s International Review. Vol. 12 Nº 2, pp. 176-189. ICRC (2019), International Humanitarian Law and the Challenges of Contemporary Armed Conflicts, Chapter 2 International humanitarian law and the challenges of contemporary armed conflicts. (2015, October). ICRC | International Committee of the Red Cross. https://www.icrc.org/sites/default/files/document/file_list/32ic-report-on-ihl-and- challenges-of-armed-conflicts.pdf International Humanitarian Law in Urban Warfare—Finabel. (2022, October 18). https://finabel.org/international-humanitarian-law-in-urban-warfare/ International Humanitarian Law Research Initiative at the Harvard Program on Humanitarian Policy and Conflict Research. (2024, May). Conduct of Military Operations in Urban Areas. chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://hhi.harvard.edu/files/humanitari aninitiative/files/conduct_of_military_operations_in_urban_areas.pdf?m=1615497739 Proportionality | How does law protect in war? (n.d.). How does law protect in war? - Online casebook. https://casebook.icrc.org/a_to_z/glossary/proportionality