“Dual-use” objects under international humanitarian law (IHL) is not a term of art, despite being effectively part of the IHL lexicon. The vagueness associated with the lack of a stricter legal terminology is not surprising. Because dual-use objects do not represent a legal category, it is almost natural to associate the notion with certain items, but not with specific rules. Yet, traditionally dual-use objects have been described as military objectives that play a relevant civilian function. The idea itself is confusing as it brings together the two elements that the principle of distinction, i.e. the cornerstone of IHL, strives to keep separate. It is exactly from this feeling of discomfort that the idea of this book comes from. How can something that plays a civilian function be lawfully attacked during an armed conflict? Is it possible to stir the discussion in a different direction and single out the uniqueness of dual-use objects in a way that takes, first and foremost, into consideration their inherent relevance before an attack is launched in addition to the impact of their destruction or damage ex post? The present book starts from these questions and articulates a new paradigm to enhance the protection of dual-use objects and promote a reconsideration of their status under IHL.

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Introduction: “Dual-Use Objects” as an Undefined and Controversial Notion

  • Francesca Capone

摘要

“Dual-use” objects under international humanitarian law (IHL) is not a term of art, despite being effectively part of the IHL lexicon. The vagueness associated with the lack of a stricter legal terminology is not surprising. Because dual-use objects do not represent a legal category, it is almost natural to associate the notion with certain items, but not with specific rules. Yet, traditionally dual-use objects have been described as military objectives that play a relevant civilian function. The idea itself is confusing as it brings together the two elements that the principle of distinction, i.e. the cornerstone of IHL, strives to keep separate. It is exactly from this feeling of discomfort that the idea of this book comes from. How can something that plays a civilian function be lawfully attacked during an armed conflict? Is it possible to stir the discussion in a different direction and single out the uniqueness of dual-use objects in a way that takes, first and foremost, into consideration their inherent relevance before an attack is launched in addition to the impact of their destruction or damage ex post? The present book starts from these questions and articulates a new paradigm to enhance the protection of dual-use objects and promote a reconsideration of their status under IHL.