[New publication] Rethinking the protection of dual-use infrastructure in conflict: The civilian protection challenge

As modern armed conflicts increasingly impact civilian infrastructure, new research is calling for an urgent reassessment of how international humanitarian law (IHL) approaches dual-use objects. In a new publication from Asser Press and Springer, legal scholar Francesca Capone critically examines the legal treatment of infrastructure that serves both civilian and military functions, such as energy systems, transport networks and communication facilities.

Her book, Dual-use Objects under International Humanitarian Law: Towards a Paradigm Shift, highlights the lack of a clear legal definition for dual-use objects, despite their frequent targeting in contemporary warfare. This ambiguity, Capone argues, has enabled a status quo in which attacks on critical infrastructure are routinely justified by military necessity, even when they result in the loss of access to essential services like electricity, water, and healthcare.

Loopholes

The research identifies a disconnect between legal norms and on-the-ground realities. While there is growing discomfort among governments and legal experts about the consequences of targeting dual-use infrastructure, Capone notes that this concern has not led to meaningful reform. Her analysis explores how current interpretations of IHL allow the civilian impact of such operations to be treated as secondary.

The book advocates for a paradigm shift that places greater emphasis on the humanitarian implications of targeting decisions. Capone calls for a revised understanding of proportionality and necessity, core principles in IHL, through a lens that centres civilian protection. She argues that a clearer, more consistent definition of dual-use objects is needed to close legal loopholes and ensure that essential infrastructure is not treated as expendable.

Hidden victims

Through case studies of urban conflict and cyber operations, the book explores how legal justifications may technically comply with existing norms while falling short in practice. It presents examples where attacks on infrastructure had long-lasting effects on civilian populations, such as the disruption of water supplies, medical services or power where attacks on infrastructure had long-lasting effects on civilian populations, such as the disruption of water supplies, medical services or power. Capone also highlights the need for stronger accountability mechanisms for those planning and authorising such attacks. Her research suggests that without clearer guidance and enforcement, the civilian cost of lawful military operations will remain dangerously high.

Breaking ground

This publication, released by Asser Press in collaboration with Springer, adds to a growing body of research focused on adapting legal frameworks to the realities of contemporary conflict. By highlighting the civilian impact of military operations, it speaks to both legal scholarship and practical decision-making on the protection of essential infrastructure.

The book will be of interest to legal scholars, humanitarian actors, policymakers and military legal advisors navigating the complex intersection of military operations and civilian protection. It also serves as a useful reference for students and practitioners working in international law, conflict studies, and humanitarian policy.

About the author

Dr Francesca Capone is an associate professor of international law at the Scuola Superiore Sant’Anna in Pisa. Her work focuses on civilian protection, legal accountability, and the role of law in contemporary security challenges. She received the Ciardi Prize for best book in the field of international humanitarian law in 2018.

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