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• collecting intelligence from civilians, including interrogating civilians; 23• restricting the movement of civilians or directing their movement away from militaryoperations for their own protection; 24 or• seeking to influence enemy civilians with propaganda. 255.3.2.2 Military Operations Intended to Benefit Civilians. The principle thatmilitary operations not be directed against civilians does not preclude military operationsintended to benefit civilians. Such operations may include humanitarian assistance operations,noncombatant evacuation operations, civil affairs operations, or civil-military operations.During counter-insurgency operations, military operations to protect civilians and to help obtaintheir support may be particularly important. 265.3.3 Affirmative Duties to Take Feasible Precautions for the Protection of Civilians andOther Protected Persons and Objects. Parties to a conflict must take feasible precautions toreduce the risk of harm to the civilian population and other protected persons and objects. 27Feasible precautions to reduce the risk of harm to civilians and civilian objects must be takenwhen planning and conducting attacks. 28 Feasible precautions should be taken to mitigate theburden on civilians when seizing or destroying enemy property. 29 It is specifically provided thatcommitted criminal misconduct under a familiar standard, the Uniform Code of Military Justice (UCMJ). This wasthe standard to be applied during each of the 1,300 patrols that U.S. soldiers conducted per week in Kosovo. Ifsoldiers or Marines witnessed an act that would be a crime under the UCMJ, they arrested the wrongdoer.COMKFOR and the SRSG augmented crimes under the military code with mission-specific unauthorized acts, suchas weapons, uniform, and curfew violations. Soldiers were also authorized to detain local citizens who wereconsidered a threat to the military or to the overall mission.”).23 Refer to § 5.26.2 (Information Gathering).24 Refer to § 5.14.2 (Removing Civilians and Civilian Objects From the Vicinity of Military Objectives).25 Refer to § 5.26.1.2 (Propaganda Generally Permissible).26 Refer to § 17.5.2.1 (Positioning Military Forces Near the Civilian Population to Win Their Support and to ProtectThem).27 See, e.g., Michael J. Matheson, Deputy Legal Adviser, Department of State, Remarks on the United StatesPosition on the Relation of Customary International Law to the 1977 Protocols Additional to the 1949 GenevaConventions at the Sixth Annual American Red Cross-Washington College of Law Conference on InternationalHumanitarian Law (Jan. 22, 1987), 2 AMERICAN UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLICY 419,426-27 (1987) (“We support the principle that all practicable precautions, taking into account military andhumanitarian considerations, be taken in the conduct of military operations to minimize incidental death, injury, anddamage to civilians and civilian objects, and that effective advance warning be given of attacks which may affect thecivilian population, unless circumstances do not permit.”); U.N. GENERAL ASSEMBLY RESOLUTION 2675, BasicPrinciples for the Protection of Civilian Populations in Armed Conflict, U.N. Doc. A/8028 (Dec. 9, 1970) (“In theconduct of military operations, every effort should be made to spare the civilian populations from the ravages ofwar, and all necessary precautions should be taken to avoid injury, loss or damage to civilian populations.”). Referto § 5.18.4 (Other Feasible Precautions to Reduce the Risk of Harm to Cultural Property).28 Refer to § 5.11 (Feasible Precautions in Conducting Attacks to Reduce the Risk of Harm to Protected Persons andObjects).29 Refer to § 5.17.5 (Feasible Precautions Should Be Taken to Mitigate the Burden on Civilians).188

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