US Air Force - Intelligence Targeting guide
Вынесено из комментариев. Одно из приложений к "USAF Intelligence Targeting guide" - "Targeting And International Law":
A4.2. General Restrictions on Air Bombardment: The Immunity of Civilians.
A4.2.1. Protection of the Civilian Population and Civilian Objects. The civilian population as such, as well as individual civilians, may not be made the object of attack. Acts of violence intended primarily to spread terror among the civilian population are prohibited. Neither may civilian property that is not a military objective be the object of attack.
A4.2.1.1. Non- participation in Hostilities . Civilian immunity carries with a strict obligation on the part of civilians not to take a direct part in hostilities - they must not become combatants. Taking a direct part in hostilities means engaging in acts of war directed toward enemy personnel or materiel. Civilians who take part in fighting (whether singly or as a member of a group) become combatants and lose their personal immunity.
A4.2.1.2. Requirement to Distinguish . The requirement to distinguish between combatants and civilians and between military objectives and civilian objects imposes obligations on all the parties to a conflict. This is true whatever the legal status of the territory on or over which combat occurs. For example, civilians may not be used in an attempt to render an area immune from military operations. Also, civilians may not be used to shield a defensive position, to hide military objectives, or to screen an attack. Neither may they be forced to leave their homes or shelters in order to disrupt the movement of an adversary.
A4.2.2. Military Objectives. Military attacks must be directed only against military objectives. Military objectives are 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 in the circumstances offers a definite military advantage.
A4.2. 2.1. Many objects are clearly military objectives - for example, the enemy's military encampments or armament (such as military aircraft, tanks, antiaircraft emplacements, and troops in the field). Factories, workshops, and plants that directly support the needs of the enemy's armed forces are also generally conceded to be legitimate military objectives.
A4.2.2.2. Controversy exists over whether, and under what circumstances, other objects such as civilian transportation and communications systems, dams, and dikes can properly be classified as military objectives. Modern transportation and communications systems are deemed military objectives because they are used heavily for military purposes in intense conflicts.
A4.2.2.3. However, the inherent nature of an object is not controlling. Even a traditionally civilian object (such as a civilian house) can be a military objective when it is occupied and used by military forces during an armed engagement. The key factor is whether the object makes an effective contribution to the adversary's military action, so that its capture, destruction, or neutralization offers a definite military advantage in the circumstances ruling at the time.
как видно, USAF подходят к вопросу весьма утилитарно, и ключевой фактор - вносит ли объект значительный вклад в военные действия противной стороны, так что его захват, уничтожение, или нейтрализация создают определенное военное преимущество в сложившихся обстоятельствах. И далее:
A4.3. Precautions in Attack. Only a military objective is a lawful object of attack. Therefore, constant care must be taken when conducting military operations to spare nonmilitary objects and persons, and positive steps must be taken to avoid or minimize any civilian casualties or damage. The principle of proportionality must always be followed, which prohibits an attack when the expected collateral civilian casualties or damage to civilian objects is excessive or disproportionate to the military advantage anticipated by the attack.
A4.3.1. Types of Precautions. The extent of danger to the civilian population varies with the type of military objective attacked, the type of terrain, the type of weapons used, the kind of weather, and whether civilians are nearby. It also depends on the combatant's ability and mastery of bombardment techniques, the level of the conflict, and the type of resistance encountered during the attack. Therefore the following steps must be taken:
A4.3.1.1. Identification of Military Objectives . Initially, those who plan or decide upon an attack must do everything feasible under the specific circumstances at the time to ensure military objectives, and not civilians or civilian objects, are in fact being attacked. Sound target intelligence enhances military effectiveness by showing that the risks undertaken are militarily worthwhile.
A4.3.1.2. Incidental Civilian Casualties Must Be Minimized . Attacks are not prohibited against military objectives even though they may cause incidental injury or damage to civilians. In spite of precautions, such incidental casualties are inevitable during armed conflict.
This incidental injury or damage must not outweigh the expected direct military advantage. That is, the potential military advantage must be balanced against the probable degree of incidental injury or damage to civilians. If an attack is carried out efficiently, using the principle of economy of force, against a military installation, it would not be likely to violate this rule.
On the other hand, if the attack were directed against objects used mainly by the civilian population in an urban area (even though they might also be military objectives), its military benefits would have to be carefully weighed against the risks to civilians.
Required precautionary measures are reinforced by traditional military doctrines, such as economy of force, concentration of effort, target selection for maximization of military advantage, avoidance of excessive collateral damage, accuracy of targeting, and conservation of resources.
A4.3.1.3. Cancellation or Suspense of Attacks in Case of Mistake . Target intelligence may be found to be faulty before an attack is started or completed. If it is apparent that a given target is not a military objective, or that the target is under the special protection of international law, the attack must be canceled or suspended. An example of such special protection would be a hospital protected under the 1949 Geneva Conventions.
A4.3.1.4. Warning Requirement . Under the Hague Regulations, a warning must be given prior to bombardment, when circumstances permit, to permit the civilian population an opportunity to avoid injury. The "Hague Rules", written at the Hague Peace Conference of 1907, deal largely with how to fight an enemy who is in the field, and is still fighting, while the Geneva Conventions deal chiefly with the respect due our enemy, who is no longer able to fight, as well as treatment of civilians and civilian objects. If civilians are unlikely to be affected by the attack, the warnings need not be given. A general warning may satisfy this requirement, because a specific alert could jeopardize the attack force or the mission.
A4.3.2. Prohibition of Attack on Undefended Areas. Under the Hague Regulations, towns, villages, dwellings, or buildings that are undefended may not be attacked or bombarded. An undefended place is any inhabited place near, or in, a zone where opposing armed forces are in contact, and which is open for occupation by an adverse party without resistance.