Collateral Damage [Military Law]: An In-Depth Legal Overview
Definition & Meaning
Collateral damage refers to the unintended harm or destruction caused to individuals or property that are not intended targets during military operations. This damage is considered lawful as long as it is not excessive compared to the military advantage expected from the attack. Understanding collateral damage is crucial in military law, as it addresses the balance between military objectives and humanitarian considerations.
Legal Use & context
Collateral damage is primarily used in military law and international humanitarian law. It is relevant in discussions about the legality of military actions and the obligations of armed forces to minimize harm to civilians and non-combatants. Legal practitioners may encounter this term in cases involving military operations, rules of engagement, and discussions about war crimes. Users can manage related legal forms through resources like US Legal Forms, which provide templates drafted by legal professionals.
Real-world examples
Here are a couple of examples of abatement:
Example 1: During a military airstrike targeting a military installation, a nearby civilian building is damaged. If the damage is deemed proportional to the military advantage gained, it may be classified as collateral damage.
Example 2: A hypothetical example: A drone strike aimed at a terrorist leader inadvertently hits a civilian vehicle, resulting in civilian casualties. This scenario raises questions about the precautions taken to avoid collateral damage.