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o intelligence facilities.5.7.4.2 Objects Containing Military Objectives. Second, objects that containmilitary objectives are military objectives. 149 For example,• Storage and production sites for military equipment, includingo missile production and storage facilities; ando nuclear, biological, and chemical weapons research and production facilities; and• Facilities in which combatants are sheltering or billeting. 1505.7.5 Definition of Military Objective for Objects: A Two-Part Test. The definition ofmilitary objective insofar as objects are concerned may be divided into two parts, both of whichmust be met for the object to be considered a military objective: (1) that the object somehowmakes an effective contribution to military action; and (2) attacking the object, in thecircumstances, offers a definite military advantage. 151Generally, the reason why the object meets the first part of the definition also satisfies thesecond part of the definition. In other words, attacking the object in the circumstances will offera definite military advantage because it seeks to preclude the object from effectively contributingto the enemy’s military action. However, the two parts are not necessarily connected because theconcept of definite military advantage is broader than simply denying the adversary the benefitof an object’s effective contribution to its military operations. 152 These broader aspects of“military advantage” may also be relevant in evaluating an attack under the proportionalityrule. 153 The following discussion elaborates upon the definition of military objective.149 ROGERS, LAW ON THE BATTLEFIELD 36 (“A civilian object which contains military personnel or things of militarysignificance is considered a military objective.”); 2001 CANADIAN MANUAL 407(2) (“Civilian vessels, aircraft,vehicles and buildings are military objectives if they contain combatants, military equipment or supplies.”). Cf.CCW PROTOCOL III ON INCENDIARY WEAPONS art. 2(4) (plants “used to cover, conceal, or camouflage combatantsor other military objectives,” may be attacked with incendiary weapons).150 1956 FM 27-10 (Change No. 1 1976) 40 (giving as examples of legitimate objects of attack “a place which isoccupied by a combatant military force or through which such a force is passing,” as well as “[f]actories producingmunitions and military supplies, military camps, warehouses storing munitions and military supplies, ports andrailroads being used for the transportation of military supplies, and other places devoted to the support of militaryoperations or the accommodation of troops”); ICRC AP COMMENTARY 701 (2265) (“If combat is taking placewithin a city or a town, and there is fighting from house to house, which is frequently the case, it is clear that thesituation becomes very different and that any building sheltering combatants becomes a military objective.”).151 ICRC AP COMMENTARY 635 (2018) (“The definition comprises two elements: a) the nature, location, purposeor use which makes an effective contribution to military action; b) the total or partial destruction, capture orneutralization which in the circumstances ruling at the time offers a definite military advantage. Whenever thesetwo elements are simultaneously present, there is a military objective in the sense of the Protocol.”).152 Refer to § 5.7.7.3 (Definite Military Advantage).153 Refer to § 5.12.5 (“Concrete and Direct Military Advantage Expected to Be Gained”).208

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