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5.11.1.2 That May Affect the Civilian Population. The purpose of warning is tofacilitate the protection of the civilian population so that they can take measures to avoid thedangers inherent in military operations. If the civilian population will not be affected, then thereis no obligation to provide a warning. 2925.11.1.3 Unless Circumstances Do Not Permit. These circumstances includelegitimate military reasons, such as exploiting the element of surprise in order to provide formission accomplishment and preserving the security of the attacking force. 2935.11.2 Adjusting the Timing of the Attack. Adjusting the timing of an attack may reducethe risk of incidental harm. For example, attacking a military objective when civilians are lesslikely to be present may be appropriate. 294 Similarly, it may be appropriate to wait until enemyforces have departed from populated areas before attacking such forces in order to reduce therisk of civilian casualties. 2955.11.3 Selecting Weapons (Weaponeering). Depending on the circumstances, the use ofcertain weapons rather than others may lower the risk of incidental harm, while offering the sameor superior military advantage in neutralizing or destroying a military objective.occupied northern Korea to move away from places where the Communists have concentrated war material factoriesand military equipment, supplies and personnel. These warnings are a humanitarian measure taken to minimizecivilian loss of life in United Nations Command attacks on military targets.”).290 For example, Jim Garamone, Coalition Aircraft “Paper” Iraq With Leaflets, AMERICAN FORCES PRESS SERVICE,Mar. 19, 2003 (stating that Coalition forces “dropped almost 2 million leaflets over Iraq” that “warned Iraqis to stayaway from military targets”).291 For example, Jim Garamone, U.S. Commando Solo II Takes Over Afghan Airwaves, AMERICAN FORCES PRESSSERVICE, Oct. 29, 2001 (describing the Commando Solo II flights that use broadcasts “to warn the Afghanpopulation to stay away from Taliban and Al Qaeda targets,” including one broadcast that warns civilians to “‘[s]tayaway from military installations, government buildings, terrorist camps, roads, factories or bridges’”).292 GREENSPAN, MODERN LAW OF LAND WARFARE 338-39 (“Naturally, there is no obligation to give notice whereno civilians remain, and only the military will come under fire.”).293 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 (“The ‘unless circumstances do not permit’ recognizes the importanceof the element of surprise. Where surprise is important to mission accomplishment and allowable risk to friendlyforces, a warning is not required.”).294 For example, FINAL REPORT ON THE PERSIAN GULF WAR 100 (noting that during Operation DESERT STORM“attacks on known dual (i.e., military and civilian) use facilities normally were scheduled at night, because fewerpeople would be inside or on the streets outside.”).295 For example, FINAL REPORT ON THE PERSIAN GULF WAR 631 (“The concentration of Iraqi military personnel andvehicles, including tanks, invited attack. CINCCENT decided against attack of the Iraqi forces in Kuwait City, sinceit could lead to substantial collateral damage to Kuwaiti civilian property and could cause surviving Iraqi units todecide to mount a defense from Kuwait City rather than depart. Iraqi units remaining in Kuwait City would causethe Coalition to engage in military operations in urban terrain, a form of fighting that is costly to attacker, defender,innocent civilians, and civilian objects. The decision was made to permit Iraqi forces to leave Kuwait City andengage them in the unpopulated area to the north.”).239