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However, such actions would now be prohibited because they would not be consistent with theduty to take feasible precautions for the protection of civilians. 602 Permitting civilians to fleemay also be militarily advantageous. 6035.19.5 Duties of Forces Under Siege to Take Feasible Precautions to Reduce the Risk ofIncidental Harm. Besieged forces should take feasible precautions to reduce the risk ofincidental harm. 604 For example, it may be appropriate to mark protected buildings to indicatetheir protected status to enemy forces. 605 Similarly, it may be appropriate to concentrate thewounded and sick and civilians in areas remote from military objectives 606 or in areas neutralizedby arrangement with the enemy. 6075.20 STARVATIONStarvation is a legitimate method of warfare, but it must be conducted in accordance withthe principles of distinction and proportionality, as well as other law of war rules. Starvation ofcivilians as a method of combat is also prohibited in non-international armed conflict. 6085.20.1 Starvation – Distinction. It is a legitimate method of war to starve enemyforces. 609 For example, it is permitted to destroy food intended as sustenance for enemy forcesstraits and it was feared the population would undertake to flee through the German lines. Orders were issued to useartillery to ‘prevent any such attempt at the greatest possible distance from our own lines by opening fire as early aspossible, so that the infantry, if possible, is spared shooting on civilians.’ … It is said that if the commander of abesieged place expels the noncombatants, in order to lessen the number of those who consume his stock ofprovisions, it is lawful, though an extreme measure, to drive them back so as to hasten the surrender.’ We mightwish the law were otherwise but we must administer it as we find it. Consequently, we hold no criminality attachedon this charge.”).602 Refer to § 5.3.3 (Affirmative Duties to Take Feasible Precautions for the Protection of Civilians and OtherProtected Persons and Objects).603 See ROGERS, LAW ON THE BATTLEFIELD 62 (“In fact, the besieging commander would be better advised to allowall civilians and the wounded and sick to leave the besieged area. He would then legitimately be able to prevent allsupplies from reaching the enemy forces and bombardment and assault would be considerably eased.”).604 Refer to § 5.14 (Feasible Precautions to Reduce the Risk of Harm to Protected Persons and Objects by the PartySubject to Attack).605 Refer to § 5.14.4 (Using Distinctive and Visible Signs to Identify Protected Persons and Objects as Such).606 Refer to § 5.14.2 (Removing Civilians and Civilian Objects From the Vicinity of Military Objectives).607 Refer to § 5.14.3 (Establishing Areas Where Civilians or the Wounded and Sick Are Protected).608 Refer to § 17.9.2 (Prohibition on Starvation of Civilians as a Method of Combat).609 See LIEBER CODE art. 17 (“It is lawful to starve the hostile belligerent, armed or unarmed, so that it leads to thespeedier subjection of the enemy.”). Consider AP I art. 54(3) (“The prohibitions in paragraph 2 shall not apply tosuch of the objects covered by it as are used by an adverse Party: (a) As sustenance solely for the members of itsarmed forces; or (b) If not as sustenance, then in direct support of military action, provided, however, that in noevent shall actions against these objects be taken which may be expected to leave the civilian population with suchinadequate food or water as to cause its starvation or force its movement.”).291

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