The Application Of The Principle Of Distinction In The Modern Armed Conflict

The development of human history has been accompanied by the arms and conflicts,they brought us misery and death, and destroyed the civilization created by human beings;and the people in different countries have made unremitting efforts to reduce the harmminimization of war. In the theme of the times of peace and development, the world wasgeneral peaceful, however, there are factors of instability in local and various armedconflicts have still occurred. Therefore, the international community should continue toregulate and reduce the number of armed conflicts，International humanitarian law systemis one of the efforts the human in order to regulate the armed conflict and to protect of thevictims of war.The distinction principle is a basic principle of international humanitarian law，provides a theoretical basis for protection of the civilians and civilian objects in armedconflicts, and it is an indispensable principle for guarding civilians and civilian objects inarmed conflicts. And in modern armed conflict, with the use of high-tech weapons,newmeans of operations also appear continuous, it not only breaks through the boundaries ofthe Distinction, brings about the increasingly blurred of distinguish boundaries betweencivilians and combatants, civilian objects and military objects, but also results ininternational humanitarian law being more and more difficult to be observed and enforcedin the war；At the same time, Distinction applied in modern armed conflict exposedvarious problems，the principle of distinction also suffered a unknown hitherto. Theseproblems we need to actively respond to and resolve.And this paper`s basic idea is to introduces the meaning and the origin of in theprinciple of distinction, the difference and relation with other basic principles ofinternational humanitarian law,: the boundaries of distinguishing are increasingly blurred,and the principles in practice are not effective compliance and enforcement and so on. Inaddition, it will put forward the application of the principle of distinction had encounteredthe challenges of new methods and means of fighting, new forms of conflict.Then it willsummarizes the challenges and problems of the application of the principle of distinctionencountered in modern armed conflict; we should make the boundaries of distinguishingmore clear in the legislation of international humanitarian law, restriction on new methodsand means of combat, also we need to further improve the mechanism of internationalhumanitarian law, and increase the punishment to the act of violating the principle of distinction in the international judicial. At the same time, we must strengthen theexchanges and cooperation between nations, settle the international disputes peacefully tobetter protect civilians and civilian objects in armed conflicts.