Protections against cumulative mental harm under international humanitarian law

Diamond, E. and Van Benthem, T. (2026) Protections against cumulative mental harm under international humanitarian law. International Review of the Red Cross. ISSN 1816-3831 doi: 10.1017/S1816383126101313

Abstract/Summary

This article examines whether– and, if so, how– existing international humanitarian law (IHL) protects civilians from cumulative mental harm, understood as harm to mental health caused by the cumulative effect of multiple isolated or interrelated actions undertaken during a military operation. It explores three legal avenues under IHL–(1) the general protection of civilians from the dangers of military operations, (2) the obligation to take constant care to spare civilians in the conduct of military operations, and (3) the prohibition against launching attacks expected to cause excessive incidental civilian harm– to determine the degree to which cumulative mental harm is already addressed by existing law. The article contends that parties to conflict are required to establish a framework for 0perationalizing these protections and outlines the organizing principles for such a framework.