Lebanon: Frequently asked questions about international humanitarian law, the protection of civilians, and our work in conflict

IHL is the law of armed conflict that regulates relations between States, international organizations and other subjects of international law. It is a branch of public international law that consists of rules that, in times of armed conflict, seek – for humanitarian reasons – to protect persons who are not or are no longer directly participating in the hostilities, and to restrict means and methods of warfare. In other words, IHL consists of international treaty or customary rules that are specifically meant to resolve humanitarian issues arising directly from armed conflict, whether of an international or a non-international character. 

Under IHL, the civilian population is defined as all persons who are not members of the armed forces of a party to the conflict. In case of doubt about a person/s civilian status, that person must be considered a civilian.

There are three basic rules that regulate the way in which a party to an armed conflict may carry out military operations, or the conduct hostilities. These are the rules around distinction, proportionality and precautions. They aim to protect civilians against the effect of hostilities. In addition to these rules, there is the prohibition against causing superfluous injury or unnecessary suffering and must be complied with in all circumstances by all parties - States and non-state armed groups alike - in all armed conflicts - both international and non-international armed conflicts.

The Principle of Distinction

The principle of distinction requires parties to an armed conflict to distinguish at all times between civilians and combatants, as well as between civilian objects and military objectives. Attacks may only be directed against combatants or military objectives, and not against civilians or civilian objects.

IHL also prohibits indiscriminate attacks which are attacks that:

• Are not directed at a specific military objective (for example, a soldier firing in all directions without aiming at a particular military objective, thus endangering civilians); or
• Employ a method or means of warfare that cannot be directed at a specific military objective (for example, long-range missiles that cannot be aimed at their targets); or
• Use a method or means of warfare, the effects of which cannot be limited as required by IHL (for example, nuclear weapons).
• The prohibition of indiscriminate attacks governs the use of all weapons, including those that are not indiscriminate by nature.

The Principle of Proportionality

The principle of proportionality prohibits attacks against military objectives which are “expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”.

• The“concrete and direct”military advantage is to be understood as not hypothetical, not speculative or of indirect nature. In that sense, the advantage should be substantial and relatively close – excluding political, economic and other non-military advantages. An advantage that would not be immediately obvious or would only manifest itself in the long term, would not be sufficient. The anticipated military advantage must be expected to result from the attack and not from the entire military campaign.
• The“excessive”nature of an attack cannot be understood by reference to a simple numerical threshold (for example, the number of civilian casualties or damaged civilian objects). In principle, one would have to consider the military value of a target and weigh it against the expected incidental harm.
• The military advantage gained from an attack should be the one anticipated at the time of the attack. In other words, military commanders can only be required to base their assessment on the facts they had before launching an attack.

The Principle of Precaution

Parties to the conflict must respect the principle of precautions. There are two types of precautions under IHL:

• Precautions to be taken when carrying out the attack, also called“precautions in attack”.
• Precautions to be taken to protect the population under the control of the party to the conflict against the effects of attacks, also called “passive precautions”or“precautions against the effects of attacks”.

Precautions in attack: A party to an armed conflict must take constant care to spare civilians or civilian objects in the conduct of military operations. All feasible precautions must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects.

Let’s look at what the party planning, deciding and conducting an attack must do.
Parties to conflict must:

• Do everything feasible to verify that the targets are military objectives.
• When a choice is possible between several military objectives obtaining a similar military advantage, each party must select the objective the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.
• Do everything feasible to assess whether the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
• Take all feasible precautions, notably in the choice of weapons, means and methods of warfare, to avoid, or at least minimize, the incidental harm to civilians and civilian objects.
• Give effective advance warning (such as by loudspeaker, over the radio, by phone where possible, using easily understood signals, by dropping leaflets when appropriate, etc.) of planned attacks on military objectives which may affect civilians, unless circumstances do not permit.
• Take all feasible precautions to cancel or suspend an attack if it becomes apparent that the target is not a military objective; or the attack may be expected to be disproportionate (because it appears that the incidental civilian harm will be more severe or the military advantage less important than initially expected).

Precautions against the effects of attacks:

IHL also requires that parties to the conflict must take all feasible precautions to protect the civilian population and civilian objects under their control against the dangers resulting from military operations. In particular, they must, to the maximum extent possible:

• Avoid locating military objectives within or near densely populated areas;
• Remove the civilian population and civilian objects under their control from the vicinity of military objectives;
• Take all other necessary precautionary measures (such as building shelters, establishing alert systems and evacuation procedures, etc.).

The laws of war prohibit direct attacks against hospitals and medical staff. They are specially protected under IHL because of the lifesaving function that they have for the wounded and sick. This means that parties to conflicts cannot attack hospitals or otherwise prevent them from performing their medical functions. Parties to conflict must not only refrain from attacking hospitals, but they must also do everything they can to support their work and protect them.

That said, hospitals can lose their protection if they are used outside of their humanitarian function, for example, if a hospital is being used as a base from which to launch an attack, as a weapons depot, or to hide healthy soldiers/fighters. And there are certain conditions too.

However, the parties must do everything feasible to verify that the hospital has lost its protected status, meaning it must carry out a factual assessment before the attack on the basis of a fact reasonably available to it.

If there is any doubt, they cannot be attacked. Hospitals only lose their protection in certain circumstances.

Before a party to a conflict can respond to such acts by attacking, it must give a warning in good faith, with a reasonable time limit, to allow those who misuse the hospital to stop the act and/or to allow safe evacuation of patients and medical staff. In addition, every attack is always subject to the principles of proportionality and precautions, this means that they parties must do everything feasible in order to avoid harm to patients and medical staff.

Critical civilian infrastructure that enables the provision of essential services to civilians are in principle civilian objects, and as such are protected by all the IHL rules protecting the civilian population and civilian objects from the effects of hostilities. Importantly, this includes prohibitions against direct, indiscriminate and disproportionate attacks, and the rules on precautions in attack and against the effects of attack.

The services essential for the civilian population and other protected persons during armed conflict are interconnected and interdependent, which means the disruption of one can have domino or reverberating effects on others and result in multiple services being disrupted or even collapsing. For instance, electricity supply is needed to ensure the delivery of water and sanitation, solid waste disposal and the cold chain. Hospitals and food production and distribution capacities are then dependent on a reliable supply of safe water, sanitation, and electricity.

Attacks expected to damage critical infrastructure will likely affect a large part of the civilian population beyond the weapon's impact area and for a period well beyond the immediate aftermath of the attack. Such harm is relevant for both proportionality and precautions in attack insofar as it has a causal link to the attack and is reasonably foreseeable at the time of the attack.

IHL also affords special, heightened protection to certain types of critical infrastructure, notably hospitals and other medical facilities and transport, objects indispensable to the survival of the civilian population, and works and installations containing dangerous forces, to cultural property, and to the natural environment. Every specific protection regime is different, but it often entails protection against operations other than attacks, and some degree of protection even in the case where such objects would otherwise constitute military objectives.

Women

IHL aims to prevent and alleviate human suffering and war without discrimination based on sex. However, it does recognize that women face specific problems in armed conflict, such as sexual violence and risks to their health. Women must be “especially protected” from sexual violence. Women prisoners must be housed separately from men, to avoid sexual abuse. IHL further includes specific rules protecting expecting mothers and mothers of young children.

The specific protection, health and assistance needs of women must be respected. Women are also afforded special protection, notably from sexual violence.

In addition, when deprived of liberty women also benefit from specific rules, such as:

• Separated accommodation from the male detainees;
• Right to personal hygiene;
• When pregnant or accompanied by infants the family unit must be respected.

In addition to the protection for civilians from the effect of hostilities or from any other danger arising from the general circumstances of war, IHL affords special protection to children during armed conflicts. This includes access to food, water, healthcare, education, protection from family separation, and special safeguards during evacuations.

Children

Children are seriously affected by fighting during war in cities, with severe impacts on their health, development and well-being. For example, due to children's unique anatomy and physiology, explosive devices designed to wound adult combatants can inflict severe and often lethal injuries on children. Children also risk losing contact or being separated from their families, for instance if they are hospitalized, or during evacuations, displacement and sheltering from attacks.

Finally, urban warfare denies or disrupts children's education, especially when schools are attacked, incidentally damaged, or used for military purposes. When schools are used as shelters, it also disrupts education. IHL contains provisions to ensure that students, teachers, and educational facilities are protected during armed conflicts so that education can continue.

IHL includes specific rules relating to the provision of food and clothing, care for orphaned or separated children and treatment of children in detention.

Measures that parties to a conflict must take in regard to the protection of children:

• Ensure that all unaccompanied children under the age of 15 are not left on their own;
• Facilitate the reunification of unaccompanied children with their families;
• Take all feasible measures to prevent children under the age of 15 from taking part in hostilities; and abstain from recruiting children.

As an impartial, neutral and independent humanitarian organization, whose primary mandate is to ensure the faithful application of IHL and to protect and assist victims of armed conflicts, will be for its part ready to perform the tasks entrusted to it by the Geneva Conventions of 12 August 1949, their Additional Protocols and by the Statutes of the International Red Cross and Red Crescent Movement. In particular, the ICRC requests that it be granted all the facilities necessary to gain access to all persons affected by hostilities, be they residents, displaced, wounded or sick, or deprived of their liberty.

No, it does not. The ICRC is not a religious organization and only provides aid based on the existing humanitarian needs. As part of the International Red Cross and Red Crescent Movement, our humanitarian work is guided by Fundamental Principles that emphasize neutrality, impartiality, and independence. We do not engage in religious or political matters or take sides in any controversies. Our mission is solely focused on alleviating human suffering, providing aid to those in need, and upholding the principles of neutrality, impartiality, and independence in our humanitarian efforts. While some symbols associated with the Movement, such as the Red Cross and Red Crescent, may have historical connections to religious origins, the Movement itself is defined as a non-religious entity dedicated to humanitarian action and the protection of human life and dignity.

As an independent and neutral organization, we don’t have the power to stop wars but we play a critical role in protecting and assisting people who are caught up in conflicts. We provide medical care, food, shelter and other essential services. We also work to protect and promote the rights of people in armed conflicts including prisoners of war, civilians and the wounded. We may not be able to stop wars but we’re still making difference for people impacted by them.

If the ICRC were to take sides it would lose the trust of these sides. Without this trust, we would not be able to continue carrying-out lifesaving operations and responding to the needs of the affected communities, detainees, families of missing persons and the sick. Our neutrality and principles are not always well understood, especially in situations where there are strong emotions involved. However, our neutrality and impartiality are critical to our ability to operate in any context.

In all the countries we work in, we always talk to all the sides, as we need to speak to the people who make and influence decisions that impact the lives of victims of armed conflict, and our ability to reach them. It is not our role to judge or qualify a specific party to a conflict or to engage in political controversies. We know that neutrality is often misunderstood, but for us it is critical to remain neutral as building and maintaining a dialogue with all parties is essential to ensure that we can have access to the communities that need help.

Not at all. The ICRC, as part of the International Red Cross and Red Crescent Movement, is a neutral humanitarian organization. We do not engage in politics. Our concern is purely humanitarian – we seek to save lives and to reduce or prevent the suffering of people caught up in conflict.

In order to operate in conflict zones, the ICRC establishes trust through its confidential dialogue with all parties to the conflict with the objective of alleviating the suffering of those affected by it.

This allows us to conduct a vital part of our work: to remind the warring parties of their obligations under international humanitarian law – something that we also do publicly – and to raise, directly and candidly, our concerns about the conduct of hostilities. The content of those confidential conversations is something we do not discuss publicly.

By publicly calling out one warring side or another, or disclosing the content of our confidential conversations, we would risk losing the trust of the sides and the direct access and vital space to speak with all parties to the conflict about the need to protect civilians during hostilities. It might also jeopardize our ability to bring life-saving assistance to people in need.

To some it may seem as if we are not outspoken enough. But based on decades of experience, we believe that advocating discreetly and constantly with those we are trying to influence is the most effective approach.

We are fully aware that our neutrality and principles are not always well understood, especially in situations where there are strong emotions involved. However, our neutrality and impartiality are critical to our ability to operate in any context. We continue our efforts to inform people, including parties to the conflict, about what the ICRC can and cannot do based on our mandate and principles.

Since October 8, 2023, the resumed conflict in Gaza and its spillover into Lebanon have torn at the fabric of daily life. People in Southern Lebanon are facing increased tension and relentless cross-border hostilities. What began as localized clashes has spread like wildfire, with violence now reaching as far as the North Bekaa Valley, Baalbek-Hermel Governorate, and even the heart of Beirut. Reports suggest that more than 1,700 have been killed or injured across Lebanon.  The conflict has also caused considerable internal displacement, with over 102,000 people being forced from their homes over the past ten months, and has impacted negatively on their livelihood, mainly based on agricultural and farming activities.Thanks to our continued presence in Lebanon since 1967, the ICRC is in a unique position to respond quickly to the humanitarian needs caused by this latest round of hostilities.

More on our activities Lebanon: ICRC on the ground | International Committee of the Red Cross

For contact in Arabic, you can reach the ICRC by calling: 01-727727

Our lines are working from Monday to Friday, from 08:30 am to 17:00 pm, except on official holidays.

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If there is shelling, find a lower ground to hide. Stay as far as possible from the windows.

1. Lie down, wrap your arms around your head, and cover your ears.
2. Open your mouth to avoid internal injuries, it can reduce the impact of explosive waves on your body.
3. Wait until the shooting is over before you move to a safer shelter.

If you find strange metallic objects such as bullets and shells, please keep your distance and do not touch them. They can cause injury or even kill.

To report unexploded ordinance, call The Lebanon Mine Action Center of the Lebanese Army on 05 956 143

Thank you very much for your support. Right now, our teams are working around the clock to help those affected by the violence. If you want to show your support for the ICRC, please do not hesitate to use your voice and share with your community, whether in person or online, factual information about what the ICRC does. We are transparent about what we do and our limitations. We exist to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance, and your support will help us to achieve that.