Yearbook of International Humanitarian Law Volume 19, 2016 by Terry D. Gill Tim McCormack Robin Geiß Heike Krieger & Christophe Paulussen

Author:Terry D. Gill, Tim McCormack, Robin Geiß, Heike Krieger & Christophe Paulussen
Language: eng
Format: epub
Publisher: T.M.C. Asser Press, The Hague

7.3 Knock on the Roof as a Warning

So far, the knock on the roof procedure has been used by the IDF and the US, although it seems that the US’ use of the practice is limited to one instance. Perhaps since in that attack the knock did not cause the desired effect,33 it seems that US forces have currently not (yet) adopted the practice as part of the standard targeting procedure. The IDF regards the knock on the roof practice as a method to warn that exceeds its obligations under IHL34 and claims that it is a very effective method to warn the civilian population.35 With regard to the claim that the practice is not legally required, but is done on the basis of policy considerations, it is submitted that this statement fails to acknowledge that the obligation to warn must be judged on the basis of its effectiveness, not on the question whether earlier general or even specific warnings have been issued. Dill points out that if the warned population does not leave after the warning, this does not change their status and protection, nor does it relieve the attacker of the duty to implement other feasible measures to further mitigate the risk of collateral civilian damage. In its 2014 report, the IDF acknowledges that civilians must not be discounted in the proportionality calculation just because they have been warned.36

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