The Problem of Distinguishing Between Combatants and Civilians in Asymmetric Warfare: An Analytical Study of the Challenges of Applying Contemporary International Humanitarian Law

Abstract

International humanitarian law is based on fundamental principles aimed at protecting non-combatants and civilian objects by restricting the means and methods of warfare. The principle of distinction is the cornerstone of this system. However, contemporary asymmetric warfare has posed significant challenges to its application. In the Syrian context, the conflict has become extremely complex due to the intermingling of combatants with civilian populations in densely populated areas. This has led to widespread violations, including the targeting of vital facilities such as hospitals and schools under the pretext of military necessity, or the use of civilians as human shields. This research analyzes the legal dimensions of this issue, examining the obstacles to the proper application of the principle of distinction in the presence of non-state actors, while emphasizing that any violation of this principle constitutes a grave breach amounting to a war crime.