AFDP 3-60, page 11

Air Force Doctrine Publication 3-60, Targeting 8 LEGAL CONSIDERATIONS NOTE: This section is not all-encompassing and is no substitute for legal advice from the appropriate staff judge advocate (SJA) office or designated judge advocate. Constant coordination between planners, operators, and judge advocates is essential. Commanders, planners, operators, and targeteers must understand the pertinent legal framework to comply with the laws and policies, the application of which may be challenging given the nature of non-kinetic operations (e.g., ubiquity of cyberspace operations, authorities across multiple areas of responsibility (AOR) and domains, or regional effect of information activities), irregular and modern warfare, and the often geographic orientation of domestic and international law.14 Legal authorities, principles, and international legal obligations directly affect all phases of targeting. Those involved in targeting should include their legal advisors from the beginning of the targeting process and seek counsel to obtain a thorough understanding of their obligations as they apply to targeting analysis. The legal and policy considerations impacting targeting include:  Basic principles of the LoW.  Specific LoW concepts concerning personnel, objects, places, and collateral damage minimization.  ROE considerations.  Civilian harm mitigation and response.  The early and continuous involvement of judge advocates in targeting. Targeting must adhere to the LoW and all applicable rules of engagement (ROE). It is the policy of the Department of War (DoW) to comply with the LoW “during all armed conflicts, however characterized.” Every Airman must comply with LoW, particularly its basic principles explained below, and its requirements for the humane treatment of detainees. LoW encompasses all international law for regulating the conduct of hostilities binding on the US, including treaties and other international agreements to which the US is a party, as well as applicable customary international law.15 Military necessity does not authorize or justify acts that are otherwise prohibited by LoW. Instead, military necessity must be applied in conjunction with other LoW principles. BASIC PRINCIPLES OF THE LAW OF WAR LoW rests on five fundamental principles that are inherent to all targeting decisions: military necessity, distinction (discrimination), proportionality, unnecessary suffering (humanity), and honor (chivalry). 14 For additional information on international law, the Law of War, and legal support, see AFDP 3-84, Legal Support, JP 3-84, Legal Support, and Department of Defense (DoD) Law of War Manual. 15 See DoD Directive (DoDD) 2311.01, Law of War Program, and DoD Law of War Manual for additional information.