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17.5.2 Distinguishing State Forces From the Civilian Population in NIAC. During noninternationalarmed conflict, as during international armed conflict, the principle of distinctionprohibits the use of protected persons or objects to shield, favor, or impede military operations. 96However, it may be important to consider certain differences in the circumstances arising in noninternationalarmed conflict.17.5.2.1 Positioning Military Forces Near the Civilian Population to Win TheirSupport and to Protect Them. During non-international armed conflict, insurgents or terroristsmay seek to attack the civilian population, and the use of the State’s forces to protect the civilianpopulation from such attacks may be a key objective of State operations in non-internationalarmed conflict. 97 Thus, positioning military forces near the civilian population may be essentialto the protection of the civilian population, and States have not interpreted such practices to beinconsistent with the principle of distinction. 9817.5.2.2 Role of Civilian Personnel, Including Law Enforcement Personnel, inAddressing Non-State Armed Groups. Members of States’ civilian agencies, such as judges,prosecutors, and police and other members of its law enforcement apparatus, often play a criticalrole in addressing non-State armed groups. 99 Although such personnel might be viewed by theadversary as “military objectives” or as taking a direct part in hostilities, States have notinterpreted the principle of distinction to require the separation of such personnel from thecivilian population in non-international armed conflict.self-defense where it is determined no other options are available to effectively counter the threat.).”) (ellipsis inoriginal).96 Refer to § 17.6.3 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).97 For example, General David Petraeus, Multi-National Force – Iraq Counterinsurgency Guidance, 1 (Jun. 13,2007) (“1. Secure the people where they sleep. Population security is our primary mission. And achievingpopulation security promises to be an extremely long-term endeavor – a marathon, not a sprint – so focusing on thismission now is essential. Most extra-judicial killings occur at night and in people’s homes, while most spectacularterrorist attacks occur during the day, where people shop, work and play – anywhere they gather publicly. Thesekey areas must be secured. Once secured, an area cannot be abandoned; it must be permanently controlled andprotected, 24 hours a day, or else the enemy will re-infiltrate and kill or intimidate those who have supported us.This protection must be kept up until the area can be effectively garrisoned and controlled by Iraqi police (ideallyfrom the area being secured) and other security services. We can’t be everywhere – therefore you must assess yourAOR, identify priority areas, work to secure them first, and then expand into other areas.”).98 For example, General David Petraeus, International Security Assistance Force/United States Forces-AfghanistanHeadquarters, COMISAF’s Counterinsurgency Guidance, 1 (Aug. 1, 2010) (“Live among the people. We can’tcommute to the fight. Position joint bases and combat outposts as close to those we're seeking to secure as isfeasible. Decide on locations with input from our partners and after consultation with local citizens and informed byintelligence and security assessments.”).99 For example, A.H. Peterson, G.C. Reinhardt and E.E. Conger, Symposium on the Role of Airpower inCounterinsurgency and Unconventional Warfare: The Malayan Emergency, 13 (RAND Corporation, Jul. 1963)(“COMMODORE GARRISSON: This Malayan campaign was run basically as a civilian operation by the civilianpower. The first line of defense was the civilian Police, who received more equipment than the normal police. Anymilitary operation had to be cleared with the civilian authority, who in effect called for military operations of aspecific nature. I think this is the first thing to bear in mind. Police provided protection of the local populationwherever possible. The true military forces went out to try to get the bandits.”).1031