ABSTRACT
This chapter begins with a brief history of the principle of distinction, tracing the ways this body of law has developed alongside changes in warfare. It considers the laws of distinction in both international armed conflicts and non-international armed conflicts. The chapter highlights the many controversies relating to the wording and substance of the law and arguing that the law is uncertain in its meaning, application and interpretation. It explains the complex web of laws that make up the principle of distinction. The principle of distinction is one of the fundamental tenets of international humanitarian law. It provides that a distinction must be made between 'combatants' and 'civilians', and between those civilians 'directly participating' in hostilities and those who are not. In terms of the principle, combatants and civilians directly participating in hostilities may be the lawful intended targets of attack, while civilians who are not directly participating may not be.
