Protecting Civilians during Armed Conflict: A Critical Analysis of the Principle of Distinction in the Israeli-Palestinian Conflict

Abstract

The Principle of Distinction under IHL is in place to ensure that parties to an armed conflict differentiate between combatants and civilians at all times. The evolution of warfare in this modern era has however made it difficult to appreciate this Principle thereby affecting its applicability. This dissertation aimed to examine the challenges that have come about as a result of modern forms of conflict, such as cyber warfare attacks, the use of autonomous weapon systems, and asymmetric warfare. It also explored how the urbanization of battlefields and the technological sophistication of modern warfare have made implementation of the Principle of Distinction difficult. While borrowing from case studies from recent conflicts and analysing the existing legal frameworks, the study highlighted the gaps between the law and the realities of modern combat. The dissertation concluded by providing recommendations for strengthening the enforcement or implementation and compliance with the Principle of Distinction through legal policies and technological reforms, therefore ensuring greater protection for civilian populations in future armed conflicts.