DoD Law of War Manual updated today. Not sure what it means but interesting…
(lieber.westpoint.edu)
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Old - Didn't have a 5.4.3 - the highest it had was 5.4.2 which states:
5.4.2 Decisions Must Be Made in Good Faith and Based on Information Available at the Time. Decisions by military commanders or other persons responsible for planning, authorizing, or executing military action must be made in good faith and based on their assessment of the information available to them at the time.A large number of States have recognized this principle.This principle has also been reflected in the decisions of courts assessing individual responsibility under the law of war, which have declined to second-guess military decisions with the benefit of hindsight. The requirement that military commanders and other decision-makers make decisions in good faith based on the information available to them recognizes that decisions may be made when information is imperfect or lacking, which will often be the case during armed conflict.
Page 192-193
New - 5.4.3-5.5 Lots of new stuff added some of it which states:
5.4.3 Assessing Information in Conducting Attacks. Persons who plan, authorize, or make other decisions in conducting attacks must make the judgments required by the law of war in good faith and on the basis of information available to them at the time.85 For example, a commander must, on the basis of available information, determine in good faith that a target is a military objective before authorizing an attack against that target. Similarly, the expected incidental damage to civilians or civilian objects must be assessed in good faith, given the information available to the commander at the time.
5.4.3.1 Considering Information Obtained from Other Persons or Means. In making the judgments that are required by the law of war rules governing attacks, individuals may rely on the information that is available to them, whether they have personally observed it or obtained it from other persons or means.87 For example, a commander may rely on information obtained from aerial reconnaissance and intelligence units in determining whether to conduct an attack. Commanders may also rely on information gathered by other forms of intelligence, including relevant human intelligence and geospatial intelligence.
5.4.3.2 Classifying Persons or Objects as Military Objectives When Planning and Conducting Attacks. The law of war requires that only military objectives be made the object of attack and imposes other requirements for the protection of civilians and other protected persons and objects In planning and conducting attacks, decisions or determinations that a person or object is a military objective must be made in good faith based on the information available at the time.In addition, these decisions must be consistent with the obligation to take feasible precautions to verify that the objects of attack are military objectives and with other obligations to seek to reduce the risk of incidental harm to civilians and other persons and objects protected from being made the object of attack.
Under the principle of distinction, commanders and other decision-makers must presume that persons or objects are protected from being made the object of attack unless the information available at the time indicates that the persons or objects are military objectives. This presumption is the starting point for the commander or other decision-maker’s good faith exercise of military judgment based on information available at the time. For example, if there is no information indicating that a person is a combatant93 or a non-combatant member of the armed forces, then commanders or other decision-makers must presume that person is a civilian. Under such a presumption, the person may not be made the object of attack unless the
available information evaluated in good faith indicates that the person takes a direct part in hostilities. Similarly, an object dedicated to civilian purposes (such as a place of worship, a house or other dwelling, or a civilian school) is a civilian object and may not be made the object of attack, unless the available information evaluated in good faith indicates it is a military objective in the circumstances.Good Faith. Commanders and other decision-makers must assess whether persons or objects are military objectives in good faith. They must have an honest and genuine belief that a person or object to be attacked is a military objective. The law of war does not require that commanders and other decision-makers apply a fixed standard of evidence or proof.98 Rather, as elaborated below, the law of war requires commanders and other decision-makers to exercise professional judgment in making any assessment that a person or object is a military objective, and what is reasonable in making that assessment depends on the circumstances. Relevant circumstances may include the time and resources reasonably available, the risks to civilians from an erroneous decision, risks to friendly forces, and the military advantage expected from the attack. Attacks, however, may not be directed against persons or objects based on mere speculation regarding their possible current status as a military objective. For example, although an individual’s age and gender may be relevant in determining whether a person is a military objective, the mere fact that a person is a military-aged male with no additional information would be speculative and insufficient to determine that person to be a military objective.
Based on the Available Information. Commanders and other decision-makers must determine whether a potential target is a military objective based on the available information that is relevant to whether the potential target meets the applicable legal standard for a military objective.102 Such relevant information includes the characteristics of the potential target (e.g., the conduct or status of the person or the nature, location, purpose, or use of the object), as well as other information that indicates whether the potential target is a military objective (e.g., the military advantages or disadvantages offered by where the target is situated, intelligence estimates of enemy forces’ presence or anticipated action, enemy tactics, or assessments of civilian presence and behavior).103 In addition, it may be feasible to gather more information about the potential target, as discussed in the following paragraph
It goes on and on with more info just look at the PDF.
Thank you so much!!