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5.3.3.4 AP I Obligation to Take Constant Care to Spare Civilians and CivilianObjects. Parties to AP I have agreed that “[i]n the conduct of military operations, constant careshall be taken to spare the civilian population, civilians and civilian objects.” 47 Although thisobligation is susceptible to a range of interpretations, Parties to AP I may also interpret it in amanner that is consistent with the discussion in this section.5.4 ASSESSING INFORMATION UNDER THE LAW OF WARCommanders and other decision-makers must make decisions in good faith and based onthe information available to them. Even when information is imperfect or lacking (as willfrequently be the case during armed conflict), commanders and other decision-makers may directand conduct military operations, so long as they make a good faith assessment of the informationthat is available to them at that time. 485.4.1 Law of War Rules Often Depend on Difficult Factual Assessments. Many of therules for the conduct of hostilities require determinations of fact that may be difficult to make.The special circumstances of armed conflict often make an accurate determination offacts very difficult. 49 For example, combatants must make decisions while enemy forces areattempting to attack them 50 and while enemy forces are seeking to deceive them. 51 In addition,the importance of prevailing during armed conflict 52 often justifies taking actions based uponlimited information that would be considered unreasonable outside armed conflict. 53Thus, for example, it may be difficult to discern whether a person is a combatant, acivilian, or a civilian taking a direct part in hostilities. Similarly, it may be difficult to assess thedegree to which an object makes an effective contribution to the adversary’s military action or toassess the concrete and direct military advantage anticipated from an attack.5.4.2 Decisions Must Be Made in Good Faith and Based on Information Available at theTime. Decisions by military commanders or other persons responsible for planning, authorizing,47 AP I art. 57(1).48 APPENDIX TO 1985 CJCS MEMO ON AP I 52 (“Commanders and other military personnel who make decisions inthe fog of war must do so in good faith and on the basis of whatever information they have available at the time.Such decisions will almost never be free of ‘doubt,’ either subjective or objective.”).49 Refer to § 1.4.2.2 (Nature of War – Limited and Unreliable Information – “Fog of War”).50 Cf. Brown v. United States, 256 U.S. 335, 343 (1921) (“Detached reflection cannot be demanded in the presenceof an uplifted knife. Therefore in this Court, at least, it is not a condition of immunity that one in that situationshould pause to consider whether a reasonable man might not think it possible to fly with safety or to disable hisassailant rather than to kill him.”).51 Refer to § 5.25 (Ruses of War and Other Lawful Deceptions).52 Refer to § 1.4.1 (Object of War).53 Korematsu v. United States, 323 U.S. 214, 244 (1944) (Jackson, J., dissenting) (“The very essence of the militaryjob is to marshal physical force, to remove every obstacle to its effectiveness, to give it every strategic advantage.Defense measures will not, and often should not, be held within the limits that bind civil authority in peace. Nocourt can require such a commander in such circumstances to act as a reasonable man; he may be unreasonablycautious and exacting. Perhaps he should be.”).192