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principles and rules are consistent with military doctrines for a profession of arms that are thebasis for effective combat operations. 13For example, various military doctrines, such as accuracy of targeting, concentration ofeffort, maximization of military advantage, conservation of resources, avoidance of excessivecollateral damage, and economy of force are not only fully consistent with compliance with thelaw of war, but also reinforce its observance. Use of indiscriminate and excessive force is costly,highly inefficient, and a waste of scarce resources. 14Similarly, the necessity of discipline for an effective armed force reinforces theimplementation and enforcement of the law of war. An undisciplined force is more likely tocommit law of war violations, such as pillaging, detainee abuse, or atrocities against the civilianpopulation. 1518.2.2 Encouraging Reciprocal Adherence by the Adversary. The requirement to complywith many law of war rules (such as the obligation to treat detainees humanely) does not dependon whether the enemy complies with that rule. 16Nevertheless, reciprocity may be a critical factor in the actual observance of the law ofwar. Adherence to law of war rules in conducting military operations can encourage anadversary also to comply with those law of war rules. 17 For example, humane treatment ofenemy persons detained by U.S. forces can encourage enemy forces to treat detained U.S.persons humanely. 18 Conversely, the maltreatment of detained personnel by U.S. forces mayhave a dramatic and negative effect on how U.S. personnel in the hands of the enemy are treatedand the degree to which the law of war is respected generally. 1913 Christopher Greenwood, Historical Development and Legal Basis, in DIETER FLECK, THE HANDBOOK OFHUMANITARIAN LAW IN ARMED CONFLICTS 33 (132) (1999) (“It should not be assumed, however, thathumanitarian law and military requirements will necessarily be opposed to one another. On the contrary, most rulesof humanitarian law reflect good military practice, and adherence by armed forces to those rules is likely to reinforcediscipline and good order within the forces concerned.”).14 1976 AIR FORCE PAMPHLET 110-31 1-6b (“More importantly, various military doctrines, such as accuracy oftargeting, concentration of effort, maximization of military advantage, conservation of resources, avoidance ofexcessive collateral damage, and economy of force are not only fully consistent with compliance with the law ofarmed conflict but reinforce its observance. Use of excessive force is not only costly and highly inefficient—and tobe avoided for those reasons—it may also be a waste of scarce resources.”).15 Compare § 4.18.3 (Private Persons Who Engage in Hostilities – Lack of the Privileges of Combatant Status).16 Refer to § 3.6 (Reciprocity and Law of War Rules).17 1976 AIR FORCE PAMPHLET 110-31 10-1b (“The most important relevant treaties, the 1949 Geneva Conventionsfor the Protection of War Victims, are not formally conditioned on reciprocity. … Yet reciprocity is an impliedcondition in other rules and obligations including generally the law of armed conflict. It is moreover a critical factorin actual observance of the law of armed conflict. Reciprocity is also explicitly the basis for the doctrine ofreprisals.”).18 Refer to § 9.2.5 (Reciprocity in the Treatment of POWs).19 United States v. List, et al. (The Hostage Case), XI TRIALS OF WAR CRIMINALS BEFORE THE NMT 1274 (“It isalmost inevitable that the murder of innocent members of the population, including the relatives and friends of thefranc-tireurs, would generate a hatred that was bound to express itself in counterreprisals and acts of atrocity.”).1056

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