Principles of international humanitarian law Between the military advantage and war crime

International humanitarian law consists of a set of principles and rules aimed at reducing the effects of international and non -international armed conflicts, protecting civilians and civilian objects, as well as protecting the fighter who dropped the weapon, and aims to restrict the means and methods of fighting.
Whereas international humanitarian law does not prevent war, but it strives to reduce its effects, to ensure the requirements of humanity, that cannot be ignored due to military necessities. The principles of international humanitarian law were formulated for the first time in 1966, based on the four Geneva Conventions of 1949.
The principles of international humanitarian law are the result of a balance between two contradictory and opposing concepts: (humanity and military necessities), and these principles are emanating in one way or another from the four Geneva Conventions of 1949 AD, and if we talk about the principles of international humanitarian law, we go to the principles that govern the progress of military operations: the principle of humanity, The principle of proportionality, the principle of military necessity, the principle of discrimination, which we will briefly review:

The principle of humanity:
This principle is intended to protect man in all cases, including at the time of armed conflicts. It is not possible to talk about international humanitarian law without referring to the principle of humanity. This principle is one of the fundamental principles in international humanitarian law, and plays a major role in respecting and protecting man during armed conflicts, and its importance lies in the legal point of view in the imperativeness of taking and applying it even in cases that are not addressed by international agreements, or when armed conflicts that are one of the parties or all of them are not signed on the agreements, and therefore, and for the sake of the requirements of humanity, the warring parties are prohibited to target people who do not participate in military operations, as well as people who have become unable to fight, all of this stems from the principle of humanity. The principle of humanity aims to avoid cruelty and brutality in fighting; Humanity requires that capture and arrest are preferred to be injured and wounded, and to prefer injury and wounding to killing.
Principle of proportionality:
It is to weaken the enemy's military capabilities with the least possible damage, including the use of the least possible amount of destructive weapons. This requires good management of military capabilities and building strategic and tactical capabilities to ensure the weakening of the enemy's military capabilities, without excessive use of military force or causing any damage to civilians and civilian objects. The importance of the principle of proportionality also lies in obligating the parties to the conflict to take all necessary measures and precautions when planning and implementing any military operation. It also imposes restrictions on the parties to the conflict in choosing methods and means of combat and weapons, so that the military advantage is achieved in a legitimate manner, while providing full protection for civilians and civilian objects, and not excessive use of force. 
The principle of proportionality prohibits attacks on legitimate military targets that may result in harm to civilians and civilian objects, and such harm is (higher and more) than the military advantage expected to be achieved from such attacks. Therefore, any excessive use of military force is prohibited by the principle of proportionality, as this principle achieves a balance between military advantage and collateral damage.
Principle of military necessity:
A legal concept used in international humanitarian law as part of the legal justification for attacks on legitimate military targets, which may have effects on civilians and civilian objects. It is also known as a situation that is so urgent that it does not leave enough time for the warring parties to choose the means to use in their operations. It is also the conditions that arise during war, and when they occur, impose the commission of certain acts quickly due to a specific situation or exceptional circumstances at the same time.
Military necessity is restricted by conditions, the most important of which are:
1/ The connection between military necessity and the course of military operations.
2/ The nature of military necessity is temporary and not permanent.
3/ That the weapons used in military necessity are not prohibited.
4/ There is no other way or option to achieve military advantage except through this operation or targeting.
The principle of distinction:
This principle stems from international norm and has been formulated and included in the Geneva Conventions to emphasize its importance in both international armed conflict and non-international armed conflict. This principle is based on the distinction between combatants and civilians, so attacks may only be directed against combatants, and on the distinction between military targets and civilian objects, so attacks may only be directed against military targets. This is stated in Article 48 of Additional Protocol I: (In order to respect and protect the civilian population and civilian objects, the Parties to the conflict shall endeavor to distinguish between the civilian population and combatants and between civilian objects and military targets. Accordingly, they shall direct their operations only against military targets).
Based on what was previously mentioned about the principles of international humanitarian law, and their great importance in not violating them, and due to the importance of these principles in protecting civilians and civilian objects as well as restricting the methods and means of combat, their importance also lies in the commitment not to violate the principles of international humanitarian law and in distancing the commander, the official and the combatant from any criminal legal responsibility that may arise against them due to violating one of these principles, which may amount to a war crime, and the matter may go further than that in holding the state accountable for international responsibilities due to one of its members violating the principles and rules of international humanitarian law.