The Protection of Essential Services from Attack in Times of Armed Conflict

Chris De Cock

This article examines the operationalization of the law of armed conflict (LOAC) targeting rules. Firstly, I will
focus on the legal framework relative to the targeting of essential services during hostilities. When and under
what circumstances can such services be the object of legitimate strikes under the LOAC? What is the impact
of the relevant rules pertaining to special protection on targeting decisions? In prosecuting targets, what
feasible precautions must be undertaken and how does the rule of proportionality comes into play? Secondly, I
will describe how militaries have integrated the relevant LOAC provisions into the targeting process. Once a
target has been positively identified as a legitimate target in accordance with the LOAC, and provided it belongs to an authorized target set, feasible precautions and proportionality will apply through the mechanism of the so-called Collateral Damage Estimation Methodology (CDEM), assisting military commanders in their
decision-making process.