Author: Irnela Silnović - Edited by: Michael R. Zieniewicz and Giacomo Toffanello
Discrimination has a special place in International Humanitarian Law; unfortunately, though, the determination of whether a person is a combatant or a civilian, crucial to understand his targetability under the Laws of Armed Conflict, is not always clear. Moreover, the use of human shields makes the situation even blurrier. Civilian life is to be spared whenever possible, making the judgement difficult of whether attacking a military goal is legal when shielded by a civilian. In this legal analysis Irnela Silnović, Master student in International Security and Law, seeks to investigate the legal status of human shields and whether human shields should merely be seen as collateral damage in an armed conflict.