New warfare poses extraordinary dilemmas for the application of two key humanitarian law principles: the principle of distinction and the principle of proportionality. The law of armed conflict governs the conduct of both states and individuals during armed conflict and seeks to minimize suffering in war by protecting persons not participating in hostilities and by restricting the means and methods of warfare. These multiple categories of participants pose great challenges to the implementation of LOAC on the ground. More important, re-categorizing or re-defining the ever-expanding variety of individuals who participate in and are affected by hostilities in new warfare is a critical next step. It must now adapt to these new and more complicated conflicts, which we call new warfare. ![]() The law of armed conflict (“LOAC”), also known as the laws of war or international humanitarian law (“IHL”), was developed and codified in times of more traditional state-state conflicts. These changes have a powerful impact on the conduct of hostilities. War, or armed conflict, to use a more precise legal term, now takes place everywhere - in cities, refugee camps and other historically non-military areas - and involves or affects nearly everyone in the area. Gone are the days of soldiers facing each other across large battlefields, tanks shelling tanks, and fighter jets engaging in dogfights. ![]() Click here to download the published PDF version
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