The Principle of Distinction allows only combatants or military objects to be directly targeted in armed conflicts. Many International Humanitarian Law (IHL) rules are based on the Principle of Distinction. This principle, enshrined in Articles 48 and 52 of the Additional Protocol I to the Geneva Convention, essentially seeks to protect the civilians so that they are not subjected to violence during armed conflict. In accordance with the same, an attack against a civilian is treated as a severe violation of IHL. In case a direct attack takes place against civilians, it is categorised as a war crime. Moreover, any weapon that has the potential to harm civilians during the course of an attack against the combatants / military objects is prohibited under IHL. However, if the civilians themselves participate in hostilities, they cannot avail protection under the Principle of Distinction. This principle is laid down in Rule I of customary international law and is therefore binding upon all States.

In Prosecutor v. Martic, the International Criminal Tribunal for Former Yugoslavia (ICTY) Trial Chamber while talking about this principle stated that “the rule that civilian population as such, as well as individual civilians, shall not be object of attack, is a fundamental rule of international humanitarian law applicable to all armed conflicts”.

The principle of distinction can also be understood through the example of Yemen. The armed conflict in Yemen has become one of the worst humanitarian crises of the 21st century. Civilians have been displaced from their homes and subjected to extreme violence. According to a report released by the Office of the UN High Commissioner for Human Rights, there have been attacks on residential areas and civilian’s infrastructure; landmines, cluster bombs and snipers have been used against civilians and even children have not been spared. Consequently, the country’s economy is in shambles and civilians are unable to feed themselves.

The civilians in Yemen have been indiscriminately attacked over the years despite the fact that they have not participated in warfare activities in any manner. The principle also prescribes that military tactics shouldn’t be used to target items such as food and water that are essential for the civilian’s survival. Civilians in Yemen are regularly denied access to essential items in Yemen. This indicates the non-adherence of principle of distinction during the armed conflict in Yemen.

Therefore, the parties to an armed conflict should draw a line between the civilian population and combatants and between civilian objects and military objectives.