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5.12.1 General Notes on Applying the Proportionality Rule in Conducting Attacks. Inconducting attacks, the proportionality rule only need be applied when civilians or civilianobjects are at risk of harm from attacks on military objectives. It would not apply when civiliansor civilian objects are not at risk. 3055.12.2 Types of Harm – Loss of Life, Injury, and Damage. The proportionality rule inconducting attacks addresses loss of life, injury, and damage to property. Lesser forms of harm,such as mere inconveniences or temporary losses, need not be considered in applying theproportionality rule. 3065.12.2.1 Remote Harms. Remote harms resulting from the attack do not need tobe considered in a proportionality analysis. For example, the death of an enemy combatantmight cause economic harm to his or her family, or the destruction of a tank factory might causeeconomic harm in the form of lost jobs; the attacker would not be required to consider such lossin applying the proportionality rule. 307 Similarly, the attacker would not be required to considerin the proportionality analysis the possibility that a munition might not detonate as intended andmight injure civilians much later after the attack because the risk of such harm is too remote. 308military objectives or defended places within the meaning of the preceding paragraph but also that these objectivesmay be attacked without probable losses in lives and damage to property disproportionate to the military advantageanticipated.”). Consider AP I art. 51(5)(b) (considering as a prohibited indiscriminate attack “[a]n attack which maybe expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combinationthereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”); AP I art.57(2)(a)(iii) (requiring that those who plan or decide upon an attack “[r]efrain from deciding to launch any attackwhich may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or acombination thereof, which would be excessive in relation to the concrete and direct military advantageanticipated”).305 Refer to § 5.5.6 (Force That May Be Applied Against Military Objectives).306 See Yoram Dinstein, Distinction and Loss of Civilian Protection in International Armed Conflicts, 84 U.S.NAVAL WAR COLLEGE INTERNATIONAL LAW STUDIES, 183, 186 (2008) (“Yet it must be borne in mind that notevery inconvenience to civilians ought to be considered relevant. In war-time, there are inevitable scarcities offoodstuffs and services. Indeed, food, clothing, petrol and other essentials may actually be rationed; buses and trainsmay not run on time; curfews and blackouts may impinge on the quality of life; etc. These do not count in thecalculus of proportionality.”). Cf. WILLIAM H. BOOTHBY, THE LAW OF TARGETING 370 (2012) (“Issues ofproportionality do not of course arise where there is no attack. Thus where soft attack methods are adoptedresulting, perhaps, in inconvenience but neither injury nor damage, there is no requirement to consider thatinconvenience when deciding whether, and if so how, to undertake the military operation.”).307 For example, Rear Admiral Thomas Wilson, Director of Intelligence, Joint Staff, DoD News Briefing, Apr. 22,1999 (“Krusevac tractor plant in Serbia was a new target. You can see here assembly and engineering buildingswhich were involved in manufacturing support or parts for tanks and APCs as well as for civilian vehicles, and wehad moderate to severe physical damage to these facilities with functional damage assessments being made at thistime. ... Q: At the Yugo factory there are tens of thousands of Yugoslav workers that can’t work. I take it the tractorfactory will put thousands out of work. Is that an intended strike against the economy of Milosevic? Rear AdmiralWilson: The intent of the strike was to destroy their ability to sustain and repair military vehicles. It’s anunfortunate consequence of the leadership's decision to pursue their policies that’s impacting the Yugoslavpeople.”).308 Christopher Greenwood, Legal Issues Regarding Explosive Remnants Of War, Group of Government Experts ofStates Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons,CCW/GGE/I/WP.10 (2002) 8 (“If, for example, cluster weapons are used against military targets in an area where242