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5.18.3.1 Imperative Military Necessity Waiver. Cultural property, its immediatesurroundings, and appliances in use for its protection may be used for purposes that are likely toexpose it to destruction or damage if military necessity imperatively requires such use. Therequirement that military necessity imperatively require such acts should not be confused withconvenience or be used to cloak slackness or indifference to the preservation of culturalproperty. 503 This waiver of obligations with respect to cultural property is analogous to therequirement that enemy property may only be seized or destroyed if imperatively required by thenecessities of war. 5045.18.4 Other Feasible Precautions to Reduce the Risk of Harm to Cultural Property.Other feasible precautions should be taken to reduce the risk of harm to cultural property. 505Such precautions may include:• determining the location of cultural property and disseminating that information amongthe armed forces; 506• compiling and promulgating lists of cultural property and areas that are not to beattacked; 507503 See General Dwight D. Eisenhower, Commander-in-Chief, U.S. Army, Memorandum Regarding the Protectionof Historical Monuments in Italy, Dec. 29, 1943, X WHITEMAN’S DIGEST 438 (§13) (“If we have to choose betweendestroying a famous building and sacrificing our own men, then our men’s lives count infinitely more and thebuilding must go. But the choice is not always so clear-cut as that. In many cases the monuments can be sparedwithout any detriment to operational needs. Nothing can stand against the argument of military necessity. That isan accepted principle. But the phrase ‘military necessity’ is sometimes used where it would be more truthful tospeak of military convenience or even personal convenience. I do not want it to cloak slackness or indifference.”).504 Refer to § 5.17.2 (Enemy Property – Military Necessity Standard). For general discussion of military necessityrefer to § 2.2 (Military Necessity).505 Refer to § 5.3.3 (Affirmative Duties to Take Feasible Precautions for the Protection of Civilians and OtherProtected Persons and Objects).506 For example, General Dwight D. Eisenhower, Commander-in-Chief, U.S. Army, Memorandum Regarding theProtection of Historical Monuments in Italy, Dec. 29, 1943, X WHITEMAN’S DIGEST 438 (§13) (“It is aresponsibility of higher commanders to determine through A.M.G. Officers the locations of historical monumentswhether they be immediately ahead of our front lines or in areas occupied by us. This information passed to lowerechelons through normal channels places the responsibility on all Commanders of complying with the spirit of thisletter.”).507 For example, Strobe Talbot, Letter of Submittal, May 12, 1998, MESSAGE FROM THE PRESIDENT TRANSMITTINGTHE 1954 HAGUE CULTURAL PROPERTY CONVENTION VIII (1999) (“During Operation Desert Storm, for example,intelligence resources were utilized to look for cultural property in order to properly identify it. Target intelligenceofficers identified cultural property or cultural property sites in Iraq; a ‘no-strike’ target list was prepared, placingknown cultural property off limits from attack, as well as some otherwise legitimate targets if their attack mightplace nearby cultural property at risk of damage.”); 7th Air Force Operations Order 71-17 (Rules of Engagement),reprinted in 121 CONGRESSIONAL RECORD 17555 (Jun. 6, 1975) (specifying during the Vietnam War “Angkor WatPark: This area will not be attacked for any reason. Under no circumstances will [forward air controllers] control orassist air strikes of any nation within the Angkor Wat area. Should a [forward air controller] observe such a strikebeing made, he will advise the [Forces Armée Nationale Khmer] ground commander and depart the areaimmediately. Other Areas of Cultural Value: Except during [combat search and rescue] operations, no U.S. airstrikes will be made within 1,000 meters of any of the areas of cultural value [nearly 100 other sites specifically275

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