The Non-combatant Casualty Cut-off Value: Assessment of a Novel Targeting Technique in Operation Inherent Resolve

In: International Criminal Law Review
Scott Graham Osgoode Hall Law School, York University, Toronto, Canada

Search for other papers by Scott Graham in
Current site
Google Scholar
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):


A tension exists between treaty protections afforded to civilians in non-international armed conflicts from becoming objects of attacks and the International Criminal Court’s jurisdiction to punish commanders who recklessly cause such casualties. Yet, media and human rights organizations’ criticism that the non-combatant casualty cut-off value (NCV) constitutes a war crime cannot survive rational examination of the mens rea requirement in the Rome Statute. Coalition commanders and targeteers must ensure the NCV is neither presumptively nor conclusively applied in target engagement, whilst taking constant care to focus proportionality assessments to spare civilians.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 2574 676 37
Full Text Views 289 15 3
PDF Views & Downloads 209 51 11