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may be grouped into two categories: (1) essentially negative duties to respect civilians and torefrain from directing military operations against them; (2) affirmative duties to take feasibleprecautions to protect civilians and other protected persons and objects.5.3.1 Responsibility of the Party Controlling Civilian Persons and Objects. The partycontrolling civilians and civilian objects has the primary responsibility for the protection ofcivilians and civilian objects. 13 The party controlling the civilian population generally has thegreater opportunity to minimize risk to civilians. 14 Civilians also may share in the responsibilityto take precautions for their own protection. 155.3.2 Essentially Negative Duties to Respect Civilians and to Refrain From DirectingMilitary Operations Against Them. In general, military operations must not be directed againstenemy civilians. 16 In particular:13 See J. Fred Buzhardt, DoD General Counsel, Letter to Senator Edward Kennedy, Sept. 22, 1972, reprinted in 67AJIL 122 (1973) (“A summary of the laws of armed conflict, in the broadest terms, reveals certain general principlesincluding the following: … (c). That a distinction must be made at all times between persons taking part in thehostilities and members of the civilian population to the effect that the civilians be spared as much as possible. …The principle in (c) addresses primarily the Party exercising control over members of the civilian population.”);BOTHE, PARTSCH, & SOLF, NEW RULES 284 (AP I art. 48, 2.2) (explaining that “an important share of theresponsibility for implementing the principle of distinction rests on the Party which controls the civilianpopulation.”); United States, Statement on Ratification of the 1954 Hague Cultural Property Convention, Mar. 13,2009, 2575 UNTS 7, 8 (“It is the understanding of the United States of America that, as is true for all civilianobjects, the primary responsibility for protection of cultural objects rests with the party controlling that property, toensure that it is properly identified and that it is not used for an unlawful purpose.”).14 FINAL REPORT ON THE PERSIAN GULF WAR 614 (“In the effort to minimize collateral civilian casualties, asubstantial responsibility for protection of the civilian population rests with the party controlling the civilianpopulation. Historically, and from a common sense standpoint, the party controlling the civilian population has theopportunity and the responsibility to minimize the risk to the civilian population through the separation of militaryobjects from the civilian population, evacuation of the civilian population from near immovable military objects, anddevelopment of air raid precautions. Throughout World War II, for example, both Axis and Allied nations took eachof these steps to protect their respective civilian populations from the effects of military operations.”).15 U.S. Comments on the International Committee of the Red Cross’s Memorandum on the Applicability ofInternational Humanitarian Law in the Gulf Region, Jan. 11, 1991, DIGEST OF UNITED STATES PRACTICE ININTERNATIONAL LAW 1991-1999 2057, 2063 (“The obligation of distinguishing combatants and military objectivesfrom civilians and civilian objects is a shared responsibility of the attacker, defender, and the civilian population assuch. An attacker must exercise reasonable precautions to minimize incidental or collateral injury to the civilianpopulation, consistent with mission accomplishment and allowable risk to the attacking force. A defender mustexercise reasonable precaution to separate the civilian population and civilian objects from military objectives.Civilians must exercise reasonable precaution to remove themselves from the vicinity of military objectives ormilitary operations. The force that has control over the civilians has an obligation to place them in a safe place.”);Brigadier General George B. Davis, Working Memoranda (Confidential for the United States Delegates): TheSecond Peace Conference (Paragraph 2 of Programme), The Rules of War on Land, 28 (1907) (“It seems hardlynecessary to say, however, that if any defense is attempted or if a town is occupied or held by the armed forces ofthe enemy, it ceases to be undefended and, for that reason, may be attacked or fired upon. The inhabitants of such aplace, so soon as a garrison is established or military defense is attempted, become charged with the knowledge thatthe town is defended and, as such, liable to attack, and, if they desire to secure an immunity from acts of war, shouldremove their families and belongings from the zone of active military operations.”).16 Consider AP I art. 48 (“In order to ensure respect for and protection of the civilian population and civilian objects,the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between186