Air
attacks on a city that treat it as a single military
objective instead of clearly distinguishing military objectives
and attacking them individually are an example of area bombardment,
often called carpet bombing. Many of the World War II attacks on
cities targeted an area rather than individual military objectives.
Legal arguments and military rationales were given for the strategic
bombing campaign, among them to destroy the enemys industry,
to weaken the morale of the population, or simply to punish the
adversary for its previous violations. The destruction of Rotterdam,
Dresden, and Hiroshima are prominent examples. The Nuremberg Tribunal
did not discuss area bombardment in any detail, and the practice,
which flies in the face of all the civilian protections in the Fourth
Geneva Convention of 1949, continued into the Cold War. The U.S.
aerial campaigns against North Vietnamin particular the so-called
Christmas bombing of 1972 against Hanoi and Haiphongare believed
to have been illegal area bombardments.
An explicit ban on area bombardment was first codified in the 1977
Additional Protocol I, which applies to bombardments of cities,
towns, villages, or other areas containing a concentration of civilians.
An attack by bombardment by any methods or means that treats as
a single military objective a number of clearly separated and distinct
military objectives is considered to be an indiscriminate
attack and is prohibited. Launching such an attack in the knowledge
that it will cause excessive loss of life, injury to civilians,
or damage to civilian objects is considered a grave breach. Bombarding
areas containing solely military targets is permitted. Important
powers such as the United States, which are not party to Protocol
I, accept this principle as binding customary
international law.
Though the Protocols wording makes it clear that attacks targeting
cities as such are prohibited, declarations by States while negotiating
the text suggest severe problems in applying it. States have made
clear that clearly separated implies a significant distance
between separate military objectives, but what is significant
is highly subjective.
One obvious problem is the inaccuracy of aerial bombardment. This
has been altered by newer precision-guided weapons; but these are
available
only to a few combatants, and then, only in limited quantities.
So long as the party to the conflict attempting to distinguish between
targets employs weapons that can be used discriminately, it will
be able to claim it has avoided crossing the line into violations
of humanitarian law.
From recent conflicts it can be concluded that belligerents are
aware of the restraints on area bombardment even if they are not
bound by the rules of Protocol I. The major allied forces in the
Gulf War claimed to have implemented
the standards of Protocol I in attacking Iraqi military targets
although not bound to do so.
The U.S. military command has acknowledged that the bombing of the
Iraqi Basra area by American B-52 bombers in 1991 was an area bombardment.
As the attacks had been directed solely against the combatants of
the so-called Iraqi Republican Guard, the United States believed
the attacks to have been lawful.

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