Dual-use Objects under International Humanitarian Law: Towards a Paradigm Shift

This book deals with a crucial and yet under-explored topic that has increasingly gained momentum during modern armed conflicts, i.e. dual-use objects under international humanitarian law (IHL). Dual-use objects, such as energy infrastructures, water installations and civilian means of transportation and communication, which could be used also for military purposes, is a term that has entered the IHL jargon but has not attained the status of a legal concept. Dual-use objects are easily identifiable and yet remain difficult to pin down, in particular when it comes to separating them from military objectives and determining the applicable rules to enhance their protection. Although attacks against critical infrastructures are traditionally justified as being part of a legitimate military strategy, experts and, in some instances, governments are uncomfortable with the idea of depriving the civilian population of services and goods essential to its survival. Yet, the sense of discomfort has not led to any significant improvement and ‘dual-use objects’ remain on the target lists of most belligerents. A number of factors, which this book analyses to explain the rise and rationale behind the current 'mainstream approach' to dual-use objects, contributed to cementing the status quo. The present book, building on these premises, pursues a twofold aim. First, this book seeks to fill a significant gap in the IHL scholarship in light of the limited attention that the topic has received so far. Second, this book aims to challenge the mainstream approach through a rigorous inquiry and the development of a new paradigm. The paradigm shift, which is at the heart of this study, places under the spotlight the civilian function of dual-use objects and reclaim the central role of the individual actors that plan, order and execute attacks against these targets. This book aspires to become an essential tool for academics and practitioners working in the IHL field, but at the same time its readership is expected to include students at all levels that have an interest in the topic and seeks to approach it in an innovative way. Francesca Capone is Associate Professor of International Law at the Institute DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy.

Table of Contents:
Chapter 1. Introduction: “Dual-Use Objects” as an Undefined and Controversial Notion.- Part I. Laying the Theoretical Foundations of Dual-Use Objects under International Humanitarian Law.- Chapter 2. The Mainstream Approach to Dual-Use Objects: A Legal/Historical Excursus.- Chapter 3. Redefining the Notion of Dual-Use Objects: Is “Military Objectives” the Right Label?.- Part II. The Elements of the New Paradigm: Revisiting Dual-Use Objects under International Humanitarian Law.- Chapter 4. Shedding Light on the Civilian Function of Dual-Use Objects and Its Relevance for the Key IHL Principles.- Chapter 5. The Centrality of the Reasonable Military Commander Standard in the Paradigm Shift.- Chapter 6. Concluding Remarks: Reconciling the Notion of Dual-Use Objects with the Key Tenets of International Humanitarian Law.- Index.

About the Author :
Francesca Capone is Associate Professor of International Law at the Instituto DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy.