Laws of War - Applicability To States and Individuals

Applicability To States and Individuals

The law of war is binding not only upon States as such but also upon individuals and, in particular, the members of their armed forces. Parties are bound by the laws of war to the extent that such compliance does not interfere with achieving legitimate military goals. For example, they are obliged to make every effort to avoid damaging people and property not involved in combat, but they are not guilty of a war crime if a bomb mistakenly hits a residential area.

By the same token, combatants that intentionally use protected people or property as shields or camouflage are guilty of violations of laws of war and are responsible for damage to those that should be protected.