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Precautions In Attack

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Chapter Summary

Articles 57(2) and 57(3) API provide for certain precautions that must be taken when planning or executing the attack itself. Before turning to the actual requirements of article 57 API, a significant preliminary issue that is covered in the chapter is the level at which the precautions set out in article 57 API must be applied. The chapter argues that the obligations in article 57 API apply to all personnel who have the authority and practical possibility to affect the course of an attack. One of the precautions to be taken to do everything feasible to verify that the target is a military objective subject to lawful attack. The chapter reviews the law and arrives at a conclusion as to what amounts to everything feasible and what level of certainty is implied by verify. It considers how to asses the value of different objects when conducting a proportionality assessment.

Keywords: feasible precautions; lawful attack; military objectives; pre-attack verification; proportionality rule



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