ABSTRACT
The principle of distinction, a ‘cardinal’1 rule of LOAC, requires criteria by which to identify who is a combatant and who is a civilian. Asymmetrical warfare has revealed in new ways that this golden rule is susceptible to abuse because the categories of combatant and civilian are ‘bleeding together’.2 The reason that there is difficulty in determining who is a civilian and who is a combatant is twofold. The first issue relates to the prevalence of non-state actors in contemporary armed conflict. It is often difficult to determine who the fighters are, whether they act in a manner typical of combatants and the parameters of the battlefield in which they operate. The second issue relates to the preferred methods of warfare of states. Because fighting so often occurs in urban areas and because most states rely heavily on air power, there are inevitably many civilian casualties.
