Begleitschäden

Begleitschäden, a German term, translates to collateral damage or incidental damage. In a military context, it refers to unintentional or accidental harm caused to civilians or civilian objects during military operations. This harm can be physical injury or death to non-combatants, destruction or damage to property that is not a military objective, or damage to the environment. The concept is central to international humanitarian law, particularly the principles of distinction and proportionality.

The principle of distinction requires that combatants distinguish between combatants and civilians and between military objectives and civilian objects. Attacks may only be directed against military objectives. The principle of proportionality prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

While military forces are legally permitted to take all necessary measures to achieve their military objectives, they are obligated to take feasible precautions to avoid or minimize begleitschäden. International law recognizes that some level of collateral damage may be unavoidable in armed conflict, but it must be within acceptable limits as defined by these legal principles. The assessment of whether begleitschäden are lawful or unlawful is often complex and depends on the specific circumstances of the attack, including the military necessity, the precautions taken, and the extent of the damage. Investigations into alleged instances of unlawful collateral damage are crucial for accountability and for ensuring adherence to international humanitarian law.