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incidental harm. 74 Proportionality also plays a role in assessing whether weapons are prohibitedbecause they are calculated to cause unnecessary suffering. 75In jus ad bellum, proportionality requires that the State’s means in resorting to force beproportionate to its just cause in using force, such as the threat that the State seeks to address. 76Proportionality is also a requirement for reprisals, which must respond in a proportionate mannerto the preceding illegal act by the party against which they are taken. 772.5 DISTINCTIONDistinction, sometimes called discrimination, obliges parties to a conflict to distinguishprincipally between the armed forces and the civilian population, and between unprotected andprotected objects. 78Distinction may be understood as encompassing two sets of reinforcing duties. Parties toa conflict must apply a framework of legal classes for persons and objects by: (1) discriminatingin conducting attacks against the enemy; and (2) distinguishing a party’s own persons andobjects.2.5.1 Distinction as a Framework of Legal Classes. Distinction requires parties to aconflict to apply a framework of legal classes for persons and objects, each class characterizedby different rights, duties, and liabilities.Principally, distinction seeks to separate the armed forces and the civilian population. 79There are, however, certain special cases, such as military medical and religious personnel, whomay be treated like a combatant for one purpose (e.g., detention) but like a civilian for another74 Refer to § 5.14 (Feasible Precautions to Reduce the Risk of Harm to Protected Persons and Objects by the PartySubject to Attack).75 Refer to § 6.6.3.3 (Clearly Disproportionate).76 Refer to § 1.11.1.2 (The Means Must Be Proportionate to the Just Cause (Proportionality – Jus ad Bellum)).77 Refer to § 18.18.2.4 (Proportionality in Reprisal).78 See, e.g., J. Fred Buzhardt, DoD General Counsel, Letter to Senator Edward Kennedy, Sept. 22, 1972, reprinted in67 AJIL 122 (1973) (“A summary of the laws of armed conflict, in the broadest terms, reveals certain generalprinciples including the following: … (c). That a distinction must be made at all times between persons taking partin the hostilities and members of the civilian population to the effect that the civilians be spared as much as possible.These general principles were recognized in a resolution unanimously adopted by the United Nations GeneralAssembly in its Resolution dated 13 January 1969 (Resolution 2444 (XXIII)). We regard them as declaratory ofexisting customary international law.”); Ex parte Quirin, 317 U.S. 1, 30 (1942) (“By universal agreement andpractice, the law of war draws a distinction between the armed forces and the peaceful populations of belligerentnations,”); 2004 UK MANUAL 2.5 (“Since military operations are to be conducted only against the enemy’s armedforces and military objectives, there must be a clear distinction between the armed forces and civilians, or betweencombatants and non-combatants, and between objects that might legitimately be attacked and those that areprotected from attack.”). Consider AP I art. 48 (“In order to ensure respect for and protection of the civilianpopulation and civilian objects, the Parties to the conflict shall at all times distinguish between the civilianpopulation and combatants and between civilian objects and military objectives and accordingly shall direct theiroperations only against military objectives.”).79 Refer to § 4.2 (The Armed Forces and the Civilian Population).62