ЗАБРАЊЕНИ НАЧИНИ БОРБЕ У МЕЂУНАРОДНОМ ХУМАНИТАРНОМ ПРАВУ
FORBIDDEN METHODS OF COMBAT IN INTERNATIONAL HUMANITARIAN LAW

Summary/Abstract: International law has always included norms prohibiting certain methods of combat and preventing the warfare to turn into an unreasonable and perfidious killing. In terms of choosing the method of combat, these prohibitions may be general and special. The general prohibitions are stipulated in several basic rules which are considered to be the governing principles of International Humanitarian Law. These principles include: the principle that the weakening of the enemy’s military force is the only legitimate goal of warfare; the principle that the states involved in an armed conflict do not have an unlimited freedom of choice concerning the methods of warfare; prohibition of the methods of combat causing superfluous injuries and unnecessary suffering; prohibition of the methods of combat causing damage to the environment; prohibition of using indiscriminating methods of combat; and the Martens Clause. Special prohibitions include precise instructions to the combatants on how they may not act in specific combating situations. There is special prohibition on the following methods of warfare: perfidy, no quarter order, abuse of the internationally recognized signs and national emblems, killing or wounding the adversary who has been put in hors de combat, indiscriminate attacks on persons who abandoned an aircraft, destruction, seizure and pillage of the adversary’s property, repressions against the protected persons and objects, belligerent’s forced service, taking hostages, deportation, exhaustion by hunger and terror. Under the International law, the violation of the rules on the prohibited methods of combat constitutes a war crime and it is qualified as a heinous or serious violation of the provisions of the International Humanitarian Law. The violation of the special prohibitions in the choice of the means of combat results in an international liability of the respective state and an individual. Under the international law, the state is subject to civil liability which implies the obligation of the state to provide compensation for the caused damage. Individuals are subject to criminal responsibility and they may stand trial before international and national courts.

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