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5.12.5 “Concrete and Direct Military Advantage Expected to Be Gained”. The expectedmilitary advantage gained from attacking a particular military objective must be “concrete anddirect.”The considerations in assessing a “definite military advantage” in the definition of“military objective” are also relevant in assessing the “concrete and direct military advantageexpected to be gained.” 321 There is no requirement that the military advantage be “immediate.”However, the military advantage may not be merely hypothetical or speculative. Similarly,“military advantage” is not restricted to immediate tactical gains, but may be assessed in the fullcontext of war strategy. 322 The military advantage anticipated from an attack is intended to referto an attack considered as a whole, rather than only from isolated or particular parts of anattack. 323 Military advantage may involve a variety of considerations, including: (1) denying theenemy the ability to benefit from the object’s effective contribution to its military action (e.g.,using this object in its military operations); (2) improving the security of the attacking force; and(3) diverting the enemy’s resources and attention.Again, the rub lies in determining what counts as ‘excessive.’ Any number of intangibles must be [c]onsidered:How important is the military objective sought to be achieved? What are the pros and cons of each option availableto achieve that objective? For each option, what is the probability of success? What are the costs of failure? Whatare the risks of civilian casualties involved in each option? What are the risks of military casualties involved in eachoption? How are casualties of either kind to be weighed against the benefits of the operation? In short, questions ofproportionality are highly open-ended, and the answers to them tend to be subjective and imprecise.”).321 Refer to § 5.7.7.3 (Definite Military Advantage).322 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 concept of ‘incidental loss of life excessive in relation to themilitary advantage anticipated’ generally is measured against an overall campaign.”). For example, FINAL REPORTON THE PERSIAN GULF WAR 611 (“An uncodified but similar provision is the principle of proportionality. Itprohibits military action in which the negative effects (such as collateral civilian casualties) clearly outweigh themilitary gain. This balancing may be done on a target-by-target basis, as frequently was the case during OperationDesert Storm, but also may be weighed in overall terms against campaign objectives.”).323 United Kingdom, Statement on Ratification of AP I, Jan. 28, 1998, 2020 UNTS 75, 77 (“Re: Article 51 andArticle 57 In the view of the United Kingdom, the military advantage anticipated from an attack is intended to referto the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts ofthe attack.”); Australia, Statement on Ratification of AP I, Jun. 21, 1991, 1642 UNTS 473 (“In relation to paragraph5(b) of Article 51 and to paragraph 2(a)(iii) of Article 57, it is the understanding of Australia that references to the‘military advantage’ are intended to mean the advantage anticipated from the military attack considered as a wholeand not only from isolated or particular parts of that attack … .”); Germany, Statement on Ratification of AP I, Feb.14, 1991, 1607 UNTS 526, 529 (“In applying the rule of proportionality in Article 51 and Article 57, 'militaryadvantage' is understood to refer to the advantage anticipated from the attack considered as a whole and not onlyfrom isolated or particular parts of the attack.”); Netherlands, Statement on Ratification of AP I, Jun. 26, 1987, 1477UNTS 300 (“With regard to Article 51, paragraph 5 and Article 57, paragraphs 2 and 3 of Protocol I: It is theunderstanding of the Government of the Kingdom of the Netherlands that military advantage refers to the advantageanticipated from the attack considered as a whole and not only from isolated or particular parts of the attack … .”).246