What Are The Implications Of The 2020 International Committee Of The Red Cross's Updated Commentary On The 1949 Geneva Conventions Regarding The Distinction Between Civilians And Combatants In Situations Where Non-state Armed Groups Control Territory And Provide Essential Public Services, Particularly In Relation To The Targeting Of Dual-use Infrastructure Such As Hospitals And Schools?

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The 2020 ICRC Commentary on the Geneva Conventions addresses the complexities of modern warfare, particularly concerning non-state armed groups (NSAGs) controlling territory and providing public services. Here are the key implications:

  1. Clarification on Dual-Use Infrastructure: The Commentary emphasizes that dual-use infrastructure, such as hospitals and schools, remains protected unless used for military purposes that contribute to the adversary's military capacity. The determination of such use requires concrete evidence, ensuring that targeting is lawful under IHL.

  2. Protection of Civilians: It reinforces that civilians and civilian objects must be protected. Even when NSAGs are present, attacks on dual-use infrastructure must adhere to the principles of distinction and proportionality, minimizing harm to civilians.

  3. State Responsibility: States engaged in conflicts must strictly follow IHL when targeting dual-use facilities, ensuring that actions are proportionate and distinguish between military targets and civilians.

  4. Role of Humanitarian Organizations: The Commentary highlights the importance of protecting humanitarian agencies and the infrastructure they use, to prevent hindering aid delivery and exacerbating humanitarian crises.

  5. Verification and Evidence: It underscores the need for thorough intelligence gathering and evidence-based decisions before considering a facility as a military target.

  6. Proportionality: Attacks must assess the potential harm to civilians against the anticipated military advantage, ensuring that harm is not excessive.

  7. Challenges and Criticisms: The Commentary may face criticism for not fully addressing the complexities of modern warfare or for being too restrictive, but it serves as a crucial guide to uphold IHL principles.

In summary, the 2020 ICRC Commentary provides clear guidance on protecting civilians and infrastructure in conflicts involving NSAGs, emphasizing adherence to IHL principles and the careful assessment of military targets to minimize harm.