ABSTRACT

The chapter traces the concept of military objective through the modern history of the law of armed conflict, and the early efforts at codification. This insight into the historical origins also provides a brief reflection on the relevant State practice prior to 1977. The chapter reviews the seminal treaties and non-binding documents containing the early regulation of permissible targets. It provides the first legal document that sought to articulate the concept of military objective, namely the 1923 Hague Rules of Air Warfare. The chapter shows that even if the non-binding 1923 Hague Rules were referred to in official policies and statements as the applicable standard of the time, they nevertheless failed to encourage States to show restraint during the Second World War. It reviews the post-Second World War regulatory initiatives, culminating in the adoption of Additional Protocol I (API). The chapter offers a general introduction to the definition of military objective adopted in the API.