Attacks against prohibited targets

What are the criteria for distinguishing between civilian objects and military objectives? When can civilian infrastructure/objects be lawfully attacked under international humanitarian law?

What is a military objective?

Military objectives are only those objects which, by their nature, location, purpose or use, make an effective contribution to military operations and whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offer a definite military advantage.

The attack must be made in order to gain a military advantage, not a political one. Attacks for the purpose of affecting civilian morale are not permitted. It is, however, not prohibited to choose targets that are visible to many civilians, thereby affecting civilian morale, when the targets are military objectives in their own right. The military advantage must be concrete and direct, not hypothetical or speculative. Many States gave, however, declarations on ratification of Additional Protocol I to the effect that the advantage anticipated could be from the attack as a whole and not only from isolated or particular parts of the attack.

What is a civilian object?

A civilian object is an object that is not a military objective. The provisions of IHL prohibit attacks on civilian objects (Article 48 of the First Additional Protocol).

When can civilian objects lose their protection against direct attacks?

Civilian objects temporarily lose their protection when they acquire the characteristics of a military objective. It is important to take into account the characteristics of an object at the precise moment of the attack. The acquisition of military characteristics by a civilian object cannot be hypothetical; there must be a well-founded belief that the enemy intends to use a particular object to harm the enemy. Mere suspicion is not enough.

It is worth noting that a military objective - in other words, a lawful target - need not be owned by the military or be of a particularly military nature like a warship or a field gun. Civilian facilities for production of items that are of military importance are also military objectives. A well-known example is the electrolytic factory at Vemork in Telemark, Norway, which was producing hydrogen for the purpose of making artificial manure but had deuterium oxide as a biproduct. The deuterium oxide (also known as heavy water) was seen as vital for a German program for developing nuclear weapons. The factory was attacked repeatedly during the Second World War and was without doubt a military objective despite its civilian ownership and predominantly civilian production.

What is legally required from the armed forces in case of doubt about the status of an object?

In case of doubt as to the nature of an object, its civilian status is presumed. Objects that by their nature may have both civilian and military uses (dual-use objects), such as transport systems, communication systems, or energy facilities are classified according to the general rule in accordance with the specific circumstances/facts at the time of the attack. Attacks on such objects are subject to the general principles of IHL: proportionality, distinction and precautionary measures. For more information on the principle of distinction and other fundamental principles of IHL, see the section "Fundamental principles of IHL" in the Judge's Handbook (paragraphs 37-50).

Important clarification on terminology object(об'єкт) vs. objective (ціль)

 IHL uses the terms civilian objects and military objectives. The difference between object(об'єкт) and objective (ціль) is legal and functional, not just linguistic. The phrase “civilian infrastructure” is not a legal term under IHL and may be misleading; its use in public discourse does not replace the legal requirement to determine whether something is a civilian object or a military objective in the circumstances of a particular attack.