Total defence and IHL compliance: How to adequately prepare for total defence-type strategies?

Abstract

Total defence is based on a whole-of-society approach to defence, integrating both civilian and military capabilities. Whilst civilians and civilian objects may play an important role in national defence, such involvement may blur their status and increase their exposure to harm. This paper attempts to lay out what States need to do, in terms of compliance with international humanitarian law, in order to adequately prepare for total defence-type strategies. It will argue that when involving civilians and/or civilian objects in total defence strategies, States should do everything feasible to prevent harm to said civilians and civilian objects in line with their passive precautions obligations. Special attention should be paid to dual-use objects and the risks associated with direct participation in hostilities when doing so. Civilians should arguably also be duly informed of the risks they may incur as a result of their involvement in such strategies.