Book contents
- Animals in the International Law of Armed Conflict
- Animals in the International Law of Armed Conflict
- Copyright page
- Contents
- Contributors
- Forewords
- Acknowledgements
- Abbreviations
- Part I The Need for Protecting Animals in Wartime
- Part II The Protection of Animals in International and Non-international Armed Conflicts
- 5 Animals as Property and as Objects
- 6 Animals as Specially Protected Objects
- 7 Animals as Part of the Environment
- 8 Animals as Endangered Species
- 9 Animals as War Weapons
- 10 Animals as Combatants and as Prisoners of War?
- 11 Animals as Means of Medical Transportation, Search and Rescue
- 12 Veterinary Personnel
- Part III The Protection of Animals in Specific Situations
- Part IV Enforcement Regimes for the Protection of Animals in Wartime
- Part V Towards Better Protection of Animals in Wartime
- Index
- References
5 - Animals as Property and as Objects
from Part II - The Protection of Animals in International and Non-international Armed Conflicts
Published online by Cambridge University Press: 06 October 2022
- Animals in the International Law of Armed Conflict
- Animals in the International Law of Armed Conflict
- Copyright page
- Contents
- Contributors
- Forewords
- Acknowledgements
- Abbreviations
- Part I The Need for Protecting Animals in Wartime
- Part II The Protection of Animals in International and Non-international Armed Conflicts
- 5 Animals as Property and as Objects
- 6 Animals as Specially Protected Objects
- 7 Animals as Part of the Environment
- 8 Animals as Endangered Species
- 9 Animals as War Weapons
- 10 Animals as Combatants and as Prisoners of War?
- 11 Animals as Means of Medical Transportation, Search and Rescue
- 12 Veterinary Personnel
- Part III The Protection of Animals in Specific Situations
- Part IV Enforcement Regimes for the Protection of Animals in Wartime
- Part V Towards Better Protection of Animals in Wartime
- Index
- References
Summary
This chapter explores whether animals can be considered as ‘property’ and ‘objects’ under the law of armed conflict, in particular under Article 23(g) of the 1899/1907 Hague Regulations on the Laws and Customs of War on Land and under the law of targeting codified in Additional Protocol I. The chapter concludes that Article 23(g) of the Hague Regulations and the law of targeting apply to animals which are considered as ‘property’ and as ‘objects’. Upon such classification, animals fall in the scope of the relevant rules. The legal consequence is that animals may only be lawfully attacked when they qualify as military objectives or when the harm done to them is proportionate incidental damage resulting from an attack on a military objective. In military operations short of attack, animals may only be destroyed or seized if military necessity ‘imperatively’ dictates it. The violation of these rules triggers not only state responsibility but also the criminal liability of the responsible individual(s).
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- Animals in the International Law of Armed Conflict , pp. 73 - 91Publisher: Cambridge University PressPrint publication year: 2022