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Feasible precautions are those that are practicable or practically possible, taking intoaccount all circumstances ruling at the time, including humanitarian and militaryconsiderations. 38 These circumstances may include:• the effect of taking the precaution on mission accomplishment;• whether taking the precaution poses a risk to one’s own forces or presents other securityrisks;• the likelihood and degree of humanitarian benefit from taking the precaution;• the cost of taking the precaution, in terms of time, resources, or money; or• whether taking the precaution forecloses alternative courses of action.those military objectives so that by carelessness a civilian population in the neighbourhood is not bombed. … I saythat reasonable care must be taken, in attacking military objectives, not to go outside those objectives, but it isextremely difficult in practice to determine whether in fact the dropping of bombs which have killed civilians in theneighbourhood of military objectives is the result of want of care or not. Suppose a man makes a bad shot, which isnot at all unlikely when machines are going at over 300 miles an hour and when, as I am informed, in taking aimyou have to release the bomb miles away from its objective—it seems to me that it is extremely difficult to lay downexactly the point at which reasonable care turns into unreasonable want of care.”).37 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, 2064 (“While it is difficult to weigh the possibility of collateral civiliancasualties on a target-by-target basis, minimization of collateral civilian casualties is a continuing responsibility atall levels of the targeting process. Combat is a give-and-take between attacker and defender, and collateral civiliancasualties are likely to occur notwithstanding the best efforts of either party. What is prohibited is wanton disregardfor possible civilian casualties.”).38 See CCW PROTOCOL III ON INCENDIARY WEAPONS art. 1(5) (“‘Feasible precautions’ are those precautions whichare practicable or practically possible taking into account all circumstances ruling at the time, includinghumanitarian and military considerations.”); CCW AMENDED MINES PROTOCOL art. 3(10) (“Feasible precautions arethose precautions which are practicable or practically possible taking into account all circumstances ruling at thetime, including humanitarian and military considerations.”); CCW PROTOCOL V ON EXPLOSIVE REMNANTS OF WARart. 5(1) (“Feasible precautions are those precautions which are practicable or practicably possible, taking intoaccount all circumstances ruling at the time, including humanitarian and military considerations.”). Cf. UnitedKingdom, Statement on Ratification of AP I, Jan. 28, 1998, 2020 UNTS 75, 76 (“The United Kingdom understandsthe term ‘feasible’ as used in the Protocol to mean that which is practicable or practically possible, taking intoaccount all circumstances ruling at the time, including humanitarian and military considerations.”); Canada,Statement on Ratification of AP I, Nov. 20, 1990, 1591 UNTS 462, 464 (“It is the understanding of the Governmentof Canada that, in relation to Articles 41, 56, 57, 58, 78 and 86 the [word] ‘feasible’ means that which is practicableor practically possible, taking into account all circumstances ruling at the time, including humanitarian and militaryconsiderations.”); Germany, Statement on Ratification of AP I, Feb. 14, 1991, 1607 UNTS 526, 529 (“The FederalRepublic of Germany understands the word ‘feasible’ in Articles 41, 56, 57, 58, 78 and 86 of Additional Protocol Ito mean that which is practicable or practically possible, taking into account all circumstances ruling at the timeincluding humanitarian and military considerations.”); Netherlands, Statement on Ratification of AP I, Jun. 26, 1987,1477 UNTS 300 (“With regard to Article 41, paragraph 3, Article 56, paragraph 2, Article 57, paragraph 2, Article58, Article 78, paragraph 1, and Article 86, paragraph 2 of Protocol I: It is the understanding of the Government ofthe Kingdom of the Netherlands that the word ‘feasible’ means that which is practicable or practically possible,taking into account all circumstances ruling at the time, including humanitarian and military considerations.”).190

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