The US Department of Defense has updated the Law of War manual in an effort to offer greater protection to civilians and prevent “excessive harm” to people and property during military campaigns.
The manual provides a guide for the Department of Defense (DoD) staff with responsibility for implementing the law of war and carrying out military operations.
This revision marks the second update since its introduction in June last year and provides more examples of the precautions that the DoD takes to cut the chances of causing civilian casualties, including providing warnings, conducting assessments of potential civilian casualties, and analysing which weapons to use.
The update also examines more closely how DoD implements the requirement to refrain from conducting attacks when harm to civilians is expected to be excessive. For example, the manual makes clear that civilians working in military facilities and “human shields” generally are civilians who are protected by these requirements.
Orders which are “clearly illegal” that contravene this guidance and result in heavy civilian casualties should not be followed by subordinates.
Defense Department General Counsel Jennifer O’Connor commented: “Protecting civilians in armed conflict is critical, and it’s important that our legal guidance is clear and practical.
“This version of the manual provides greater clarity and also reflects important developments such as the president’s recent executive order on civilian casualties.”
The DoD said it had taken on board comments and suggestions about how to improve the sections of the manual that address proportionality.
Pentagon Press Secretary Peter Cook said: “The department strives to be clear and transparent about the legal framework that guides our operations.
“The release of public information such as this manual update allows for a more informed public debate, which is crucial to the rule of law.”
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Post written by: Matt Brown
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