General conventions are that a military operation is required to take reasonable measures, given the circumstances to avoid death or injury to civilians and unwarranted damage to private property and public infrastructure. This informal convention is only as good as the integrity of the military forces and political leaders involved.
In Just War Theory just and fair conduct in war (jus In bello) have been discussed in terms of framing the legitimate framework of a conflict. jus In bello specifies the rules of just conduct within war in terms of the principles of discrimination and proportionality:
- Discrimination concerns who are legitimate targets in war
- Proportionality concerns how much force is morally appropriate
One formal instrument for protecting human rights is Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention which was ratified in 1949.
Article 3 of the Fourth convention states the following:
noncombatants, members of armed forces who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, with the following prohibitions:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.