When loss of protection does not permit attack: Distinguishing acts harmful to the enemy from the notion of military objectives

Abstract This article examines the relationship between acts harmful to the enemy (AHTTE) – the first criterion for the loss of special protection for medical units and transports under international humanitarian law – and the requirements for classification as a military objective, which governs the loss of general protection for civilian objects. The analysis begins by clarifying the articulation between special and general protection, then outlines the legal consequences of losing special protection alone. The definition of AHTTE is examined, with particular attention to hospital shielding, and it is then assessed whether such acts always meet the cumulative conditions of Article 52(2) of Additional Protocol I for becoming military objectives: effective contribution to military action and definite military advantage. The article argues that AHTTE do not always meet these conditions, and that certain acts contribute too indirectly or speculatively to justify targeting. The conclusion emphasizes that this analysis does not preclude the application of other rules governing the conduct of hostilities.