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purpose (e.g., not being made the object of attack). 80 However, for any particular legal purpose,a person may not claim the distinct rights afforded to both combatants and civilians at the sametime. 812.5.2 Discriminating in Conducting Attacks Against the Enemy. Distinction requiresparties to a conflict to discriminate in conducting attacks against the enemy. 82 On the one hand,consistent with military necessity, parties may make enemy combatants and other militaryobjectives the object of attack. 83 On the other hand, consistent with humanity, parties may notmake the civilian population and other protected persons and objects the object of attack. 84Moreover, persons using force must discriminate between legitimate and illegitimate objects ofattack in good faith based on the information available to them at the time. 852.5.3 Distinguishing a Party’s Own Persons and Objects. Distinction enjoins the partycontrolling the population 86 to use its best efforts to distinguish or separate its military forces andwar-making activities from members of the civilian population to the maximum extent feasibleso that civilian casualties and damage to civilian objects incidental to attacks on militaryobjectives will be minimized as much as possible. 87Parties to a conflict must: (1) take certain measures to help ensure that military forcesand civilians can be visually distinguished from one another; (2) physically separate, as feasible,their military objectives from the civilian population and other protected persons and objects;and (3) refrain from the misuse of protected persons and objects to shield military objectives.2.5.3.1 Measures to Help Ensure That Military Forces and Civilians Are VisuallyDistinguishable From One Another. Parties to a conflict must take certain measures, in offenseor defense, to help ensure that military forces and civilians can be visually distinguished fromone another.80 Refer to § 4.2.3 (Mixed Cases).81 Refer to § 4.2.2 (No Person May Claim the Distinct Rights Afforded to Both Combatants and Civilians at theSame Time).82 Refer to § 5.6 (Discrimination in Conducting Attacks).83 Refer to § 5.6.1 (Persons, Objects, and Locations That Are Not Protected From Being Made the Object of Attack).84 Refer to § 5.6.2 (Persons, Objects, and Locations That Are Protected From Being Made the Object of Attack).85 Refer to § 5.4 (Assessing Information Under the Law of War).86 Refer to § 5.3.1 (Responsibility of the Party Controlling Civilian Persons and Objects).87 See J. Fred Buzhardt, DoD General Counsel, Letter to Senator Edward Kennedy, Sept. 22, 1972, reprinted in 67AJIL 122 (1973) (“A summary of the laws of armed conflict, in the broadest terms, reveals certain general principlesincluding the following: … (c). That a distinction must be made at all times between persons taking part in thehostilities and members of the civilian population to the effect that the civilians be spared as much as possible. …The principle in (c) addresses primarily the Party exercising control over members of the civilian population. Thisprinciple recognizes the interdependence of the civilian community with the overall war effort of a modern society.But its application enjoins the party controlling the population to use its best efforts to distinguish or separate itsmilitary forces and war making activities from members of the civilian population to the maximum extent feasibleso that civilian casualties and damage to civilian objects incidental to attacks on military objectives, will beminimized as much as possible.”).63

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