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Military manual JP 3-60 Page 88 of 138 text: pdf

JP 3-60, page 88

Joint Targeting

Joint Publication: Joint Targeting

31 January 2013 public edition

Page 88 of JP 3-60
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Appendix A A-2 JP 3-60 and its territories, or territorial seas, unless otherwise directed by SecDef. See CJCSI 3121.01, Standing Rules of Engagement/Standing Rules for the Use of Force for US Forces, for further discussion on SROE. 4. General Restrictions on Targeting a. Protection of the Civilian Population and Civilian/Protected Objects. Civilian populations and civilian/protected objects may not be intentionally targeted, although there are exceptions to this rule. Civilian objects consist of all civilian property and activities other than those used to support or sustain warfighting capability. Acts of violence solely intended to spread fear among the civilian population are prohibited. (1) Direct Participation in Hostilities. The protection offered civilians carries a strict obligation on the part of civilians not to take direct part in armed combat, become combatants, or engage in acts of war. Civilians engaging in combat or otherwise taking a direct part in combat operations, singularly or as a group, lose their protection against direct attack. Consult the servicing SJA when civilians are intermingled in the target are or used as human shields. For additional information on NSLs and CDE methodology reference CJCSI 3160.01, No Strike and the Collateral Damage Estimation Methodology. Joint force targeting during such situations is driven by the principle of proportionality, so that otherwise lawful targets involuntarily shielded with protected civilians may be attacked, and the protected civilians may be considered as collateral damage, provided that the collateral damage is not excessive compared to the concrete and direct military advantage anticipated by the attack. In cases where civilians voluntarily act as human shields, those civilians may be taking a direct part in hostilities and lose protection from attack. Such civilians need not be taken into account when assessing collateral damage under the law, though there may be diplomatic or strategic concerns that affect targeting decisions. (2) Requirement to Distinguish Between Military Targets and Civilian/Protected Objects. It is necessary to distinguish between military targets and civilian/protected objects regardless of the legal status of the territory on or over which combat occurs. Purely civilian/protected objects or locations may not be intentionally targeted. However, due consideration under the principle of proportionality must be taken where such objects or locations are colocated with or are in close proximity to military targets. Further, the adversary’s use of a civilian/protected object or location for military or combat purposes may result in the loss of protected status, rendering it subject to attack. b. Lawful Military Attacks. Military attacks will be directed only at military objectives. In the law of war, military objective is a treaty term: “those objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture, or neutralization, under the circumstances ruling at that time, offers a definite military advantage.” (1) If the objective is not enemy military forces and equipment, the second part of the definition (that is, that the destruction of a target offers a definite military advantage) limits the first part (that is, it contributes to military action). Both parts must apply before an object that is normally a civilian object can be considered a military objective. In addition,