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• Civilians must not be made the object of attack; 17• Military objectives may not be attacked when the expected incidental loss of life andinjury to civilians or damage to civilian objects would be excessive in relation to theconcrete and direct military advantage expected to be gained; 18• Civilians must not be used as shields or as hostages; 19 and• Measures of intimidation or terrorism against the civilian population are prohibited,including acts or threats of violence, the primary purpose of which is to spread terroramong the civilian population. 205.3.2.1 Non-Violent Measures That Are Militarily Necessary. The principle thatmilitary operations must not be directed against civilians does not prohibit military operationsshort of violence that are militarily necessary. For example, such operations may include:• stopping and searching civilians for weapons and to verify that they are civilians; 21• temporarily detaining civilians for reasons of mission accomplishment, self-defense, orfor their own safety; 22civilian objects and military objectives and accordingly shall direct their operations only against militaryobjectives.”).17 Refer to § 5.6.2 (Persons, Objects, and Locations That Are Protected From Being Made the Object of Attack).18 Refer to § 5.12 (Proportionality in Conducting Attacks).19 Refer to § 5.16 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).20 Refer to § 10.5.3.2 (Collective Penalties and Measures of Intimidation or Terrorism).21 For example, 101st Airborne ROE Card, Iraq (2003), reprinted in CENTER FOR LAW AND MILITARY OPERATIONS,THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER & SCHOOL, U.S. ARMY, I LEGAL LESSONS LEARNED FROMAFGHANISTAN AND IRAQ: MAJOR COMBAT OPERATIONS (11 SEPTEMBER 2001 - 1 MAY 2003) 315 (2004) (“You maystop civilians and check their identities, search for weapons and seize any found.”). Compare § 10.6.1 (GeneralAuthority of a Belligerent to Search and Secure Protected Persons and Their Property).22 For example, Detainee Review Procedures at Bagram Theater Internment Facility (BTIF), Afghanistan, enclosureto Phillip Carter, Deputy Assistant Secretary of Defense for Detainee Policy, Letter to Chairman Carl Levin, Jul. 14,2009 (“(U) U.S. Forces operating under Operation Enduring Freedom (OEF) authority are authorized to detainpersons temporarily, consistent with the laws and customs of war (e.g., in self-defense or for force protection).”);Coalition Forces Land Component Command (CFLCC) Rules of Engagement (ROE) Card, Iraq (2003), reprinted inCENTER FOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER & SCHOOL, U.S.ARMY, I LEGAL LESSONS LEARNED FROM AFGHANISTAN AND IRAQ: MAJOR COMBAT OPERATIONS (11 SEPTEMBER2001 - 1 MAY 2003) 314 (2004) (“Detain civilians if they interfere with mission accomplishment or if required forself-defense.”); 101st Airborne ROE Card, Iraq (2003), reprinted in CENTER FOR LAW AND MILITARY OPERATIONS,THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER & SCHOOL, U.S. ARMY, I LEGAL LESSONS LEARNED FROMAFGHANISTAN AND IRAQ: MAJOR COMBAT OPERATIONS (11 SEPTEMBER 2001 - 1 MAY 2003) 315 (2004) (“Detaincivilians when necessary to accomplish your mission or for their own safety.”); CENTER FOR LAW AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER & SCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONS IN KOSOVO, 1999-2001: LESSONS LEARNED FOR JUDGE ADVOCATES 102-03 (2001) (“Based on theKFOR [Kosovo Force] guidance, Task Force Falcon instructed U.S. soldiers and Marines to detain persons who187

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