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Human Dignity in Combat: The Duty to Spare Enemy Civilians

Eyal Benvenisti , Tel Aviv University

Article comments

40(2) Israel Law Review (2006).

Abstract

An army attacks a neighborhood where the enemy is hiding among civilians. To what extent is the army required to expose its combatants to life-threatening risks in order to spare enemy civilians? This Article seeks to interpret the pertinent standards and rules of international law from the perspective of the principle of human dignity. The human dignity principle informs the interpretation of the law on the conduct of hostilities and provides a built-in mechanism for improving armies’ treatment of enemy civilians. It inspires additional remedial and institutional norms that could overcome armies’ distrust of each other during the height of battle. The principle of human dignity recognizes a general duty to strive to reduce harm to enemy civilians as well as specific rules against using them as human shields, hostages, or objects for retaliation. This Article concludes that in general there is no requirement to risk combatants to reduce the risk to enemy civilians, although a number of the specific rules do entail the assumption of such risks.

Subject Area

Human Rights Law, International Law, Military Law

Recommended Citation

Eyal Benvenisti , "Human Dignity in Combat: The Duty to Spare Enemy Civilians" (August 2006). Tel Aviv University Legal Working Paper Series. Tel Aviv University Law Faculty Papers. Working Paper 11.
http://law.bepress.com/taulwps/fp/art11

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