DoD Law of War Manual updated today. Not sure what it means but interesting…
(lieber.westpoint.edu)
🧐 Research Wanted 🤔
You're viewing a single comment thread. View all comments, or full comment thread.
Comments (32)
sorted by:
First Revision https://dod.defense.gov/Portals/1/Documents/law_war_manual15.pdf
Updated doc https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF
Section it references 5.4.3 and 5.5.3
With regards to 5.5.3
Old - 5.5.3 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. 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. 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. In making the judgments that are required by the law of war rules governing attacks, persons may rely on information obtained from other sources, including human intelligence or other sources of information. For example, in a long-distance attack, a commander may rely on information obtained from aerial reconnaissance and intelligence units in determining whether to conduct an attack.
New -
5.5.3 Feasible Precautions to Verify Whether the Objects of Attack Are Military Objectives. In planning and conducting an attack, those who plan or decide upon an attack must take feasible precautions to verify that the targets to be attacked are military objectives174 and not protected by the law of war from being made the object of attack. These measures help implement the principle of distinction in classifying persons or objects as military objectives. Like other precautions in planning and conducting attacks, these measures are also part of the implementation of the principle of proportionality. These measures help reduce uncertainty in armed conflict,179 and they reinforce military effectiveness because they help avoid attacks that would serve no military purpose.
As discussed in § 5.2.3.2 (What Precautions Are Feasible), what precautions are feasible depends greatly on the context, including what time and other circumstances permit. The specific verification measures may depend on how the attack is being conducted and what type of target is being attacked. For example, when troops are in contact with enemy forces during combat operations, they may need to react immediately based on their professional judgment developed through training and experience and in accordance with military doctrine. On the other hand, with more time and resources available in planning an attack during the deliberate targeting process, planners and analysts may need to gather more information and conduct a more extensive review of whether a potential target is a military objective.In any event, the law of war, including the requirements discussed in this section, does not forestall commanders and other decision-makers from making decisions and taking actions at the speed of relevance, including in high-intensity conflict, based on their good faith assessment of the information that is available to them at the time, as explained in § 5.4.3.2 (Classifying Persons or Objects as Military Objectives When Planning and Conducting Attacks).Feasible precautions to verify that objectives to be attacked are military objectives may include, but are not limited to, the following:
• Reviewing the accuracy and reliability of the information supporting the assessment that a potential target is a military objective;
• Checking potential target locations against no-strike and sensitive site lists;
• Reviewing previously approved targets at reasonable intervals as well as when warranted in light of fresh information and changing circumstances, e.g., to ascertain whether enemy forces continue to use the object for military purposes or whether the object’s destruction or neutralization continues to offer a definite military advantage;
• Gathering more information, such as visual identification of the target through intelligence, surveillance and reconnaissance platforms; • Taking steps when carrying out a planned attack to confirm that the person or object to be attacked, is, in fact, the intended target of the attack; and • Issuing communications to elicit reactions that inform whether a person or object is a military objective, such as summons of vessels to stop; directions given from intercepting aircraft; warnings required before the cessation of protection of medical units, vessels, or facilities; or some types of warnings before attacks that may affect the civilian population.
Thank you for posting the old and new here!