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For example, it may be advantageous to employ incendiary weapons in attacking anadversary’s repository of biological weapons so as to prevent the biological agents fromadversely affecting the civilian population. 296 Similarly, under certain circumstances, it may beadvantageous to use cluster munitions or precision-guided munitions to minimize the risk ofincidental harm. 297As with other precautions, the decision of which weapon to use will be subject to manypractical considerations, including effectiveness, cost, and the need to preserve capabilities forother engagements. Thus, there would be few, if any, instances in which the use of a particularweapon system, such as precision-guided munitions or cyber tools, 298 would be the only legallypermissible weapon. 2995.11.4 Identifying Zones in Which Military Objectives Are More Likely to Be Present orCivilians Are Likely to Be Absent. Identifying and designating zones in which militaryobjectives are more likely to be present or civilians are likely to be absent may also reduce therisk of harm to civilians or other protected persons and objects.For example, attacks in areas in which civilians are present might be subject to greaterrestrictions. 300 Similarly, it may be possible to identify areas in which objects of the greatest296 Refer to § 6.14 (Incendiary Weapons).297 For example, W. Hays Parks, Linebacker and the Law of War, AIR UNIVERSITY REVIEW (Jan.-Feb. 1983)(During the Vietnam War, the North Vietnamese placed “AAA gun positions, ground-controlled intercept (GCI)radar, and surface-to-air missile (SAM) sites atop or adjacent to dikes, and storing POL [petroleum, oil, andlubricants] alongside or on top of dikes as a shield against attack. All were legitimate targets. … When [the airdefenses] were finally authorized for attack during Linebacker I, it was with the stipulation that the targets were tobe attacked with weapons that would minimize the risk of structural damage to the dikes. This was accomplishedthrough the use of napalm, strafing, cluster munitions, and other antipersonnel weapons.”). Refer to § 6.13.2 (Use ofCluster Munitions to Reduce the Risk of Incidental Harm); § 6.14.3.2 (U.S. Reservation to CCW Protocol III onIncendiary Weapons).298 Refer to § 14.9.2 (Selection of Weapons in Conducting Attacks From the Air Against Ground MilitaryObjectives); § 16.5.3.1 (Cyber Tools as Potential Measures to Reduce the Risk of Harm to Civilians or CivilianObjects).299 See, e.g., 2013 GERMAN MANUAL 1117 (“The law of armed conflict (LOAC) contains no obligation to useprecision guided ammunition. There may however be situations in which the obligation to discriminate betweenmilitary targets and civilians/civilian objects or the obligation to avoid or minimise collateral damage cannot befulfilled without the use of such weapons.”) (internal cross-reference omitted); 2006 AUSTRALIAN MANUAL 8.38(“The existence of precision-guided weapons, such as GBU 10 and Harpoon missiles, in a military inventory doesnot mean that they must necessarily be used in preference to conventional weapons even though the latter may causecollateral damage. In many cases, conventional weapons may be used to bomb legitimate military targets withoutviolating the LOAC requirements. It is a command decision as to which weapon to use. This decision will beguided by the basic principles of the LOAC: military necessity, avoidance of unnecessary suffering andproportionality.”); 2001 CANADIAN MANUAL 527(1) (“With the advent of modern technology many armed forcesare now able to deliver weapons on target with much greater precision. However, states are not limited to the use ofprecision weapons and munitions. An attack by conventional, free-fall weapons or ‘dumb’ bombs is lawfulprovided that the overriding principles of proportionality and superfluous injury/unnecessary suffering as well asother applicable rules are not violated.”).300 For example, General Petraeus, Unclassified Excerpts from Tactical Directive, Aug. 1, 2010, reprinted inInternational Security Assistance Force – Afghanistan, Headquarters, General Petraeus Issues Updated TacticalDirective: Emphasizes “Disciplined Use of Force,” Aug. 4, 2010 (“Prior to the use of fires, the commander240

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