Evolutive Interpretation of Proportionality and Precautions to Strengthen Protections under International Humanitarian Law. By Tadesse Kebebew, Researcher and Project Manager at the Geneva Water Hub.
Water has increasingly become both a target and a weapon in armed conflicts across regions, causing severe humanitarian suffering and environmental degradation. When warring parties damage water systems or restrict access to water sources, civilians face immediate and long-term consequences. Excessive civilian harm and infrastructure damage, as witnessed in Iraq, Afghanistan, and Gaza, can weaken military support, undermine legitimacy, fuel resentment and strengthen insurgencies. As warfare tactics evolve, so too must the frameworks governing humanitarian protections.
This piece makes the case for applying a living instrument interpretive approach, rooted in the European Court of Human Rights’ Tyrer v. UK decision, to enhance international humanitarian law (IHL) principles of proportionality and precaution in attack, using the protection of water infrastructure as an example.
