Protection of Civilian Infrastructure in Armed Conflict

International humanitarian law protects civilian energy infrastructure by limiting what armed forces may attack and how attacks may be carried out. Power stations, electricity grids and fuel facilities are normally civilian objects, but particular facilities may become military objectives if they satisfy the applicable legal test. Even then, their attack remains subject to rules protecting civilians.

When energy infrastructure is protected

The principle of distinction requires parties to distinguish civilian objects from military objectives. Energy infrastructure cannot lawfully be attacked merely because its destruction would weaken an adversary’s economy or inconvenience its population.

• Under Article 52 of Additional Protocol I, an object qualifies as a military objective only if, by its nature, location, purpose or use, it effectively contributes to military action and its destruction, capture or neutralisation offers a definite military advantage in the circumstances prevailing at the time.
• A dual-use facility, serving both civilians and military operations, may satisfy this test; military use does not automatically make an entire interconnected energy network a lawful target.
• Where there is doubt whether an object normally dedicated to civilian purposes is being used to contribute effectively to military action, Additional Protocol I requires it to be presumed civilian.

Limits on attacks against military objectives

A lawful target is not necessarily a lawful attack. Military necessity does not override the restrictions imposed by humanitarian law.

• Proportionality, reflected in Article 51 of Additional Protocol I, prohibits attacks expected to cause incidental civilian death, injury or damage to civilian objects excessive in relation to the concrete and direct military advantage anticipated.
• Assessment of expected civilian harm must consider reasonably foreseeable consequences, including death or injury resulting from disruption of electricity-dependent hospitals or water services.
• Article 57 requires feasible precautions, including verifying targets and choosing means and methods that avoid or minimise civilian harm.
• An attack must be cancelled or suspended if the target is not a military objective or the expected civilian harm would be excessive.

Special protection and legal scope

Article 56 of Additional Protocol I gives special protection to dams, dykes and nuclear electrical generating stations, even when they are military objectives, where attack may release dangerous forces and consequently cause severe civilian losses.

• This special protection has narrowly defined exceptions; it does not extend automatically to every energy facility.
• Treaty obligations depend on the instruments applicable to the conflict, while the customary rules of distinction, proportionality and precautions apply in both international and non-international armed conflicts.