law_war_manual15

5.7.6 By its nature, location, purpose, or use makes an effective contribution to militaryaction. The first part of the test is whether the object, by its nature, location, purpose, or usemakes an effective contribution to the enemy’s military action.5.7.6.1 Nature, Location, Purpose, or Use. The nature, location, purpose, or useof the object may contribute to the object making an effective contribution to the enemy’smilitary action. The issue is whether, in total, an effective contribution is made; one factor aloneneed not provide the effective contribution. In addition, nature, location, purpose, or use neednot be viewed as mutually exclusive concepts; rather, these concepts may be understood tooverlap.“Nature” refers to the type of object and may be understood to refer to objects that areper se military objectives. For example, military equipment and facilities, by their nature, makean effective contribution to military action. 154 On the other hand, “nature” can also beunderstood to refer to objects that may be used for military purposes as discussed below.The location of an object may provide an effective contribution to military action. Forexample, during military operations in urban areas, a house or other structure that wouldordinarily be a civilian object may be located such that it provides cover to enemy forces orwould provide a vantage point from which attacks could be launched or directed. The word“location” also helps clarify that an area of land can be militarily important and therefore amilitary objective. 155“Use” refers to the object’s present function. For example, using an otherwise civilianbuilding to billet combatant forces makes the building a military objective. 156 Similarly, usingequipment and facilities for military purposes, such as using them as a command and controlcenter or a communications station, would result in such objects providing an effectivecontribution to the enemy’s military action.“Purpose” means the intended or possible use in the future. 157 For example, runways at acivilian airport could qualify as military objectives because they may be subject to immediatemilitary use in the event that runways at military air bases have been rendered unserviceable orinoperable. 158 Similarly, the possibility that bridges or tunnels would be used to assist in theadversary’s military operations in the future could result in such objects providing an effective154 ICRC AP COMMENTARY 636 (2020) (“A closer look at the various criteria used [i.e., nature, purpose, location,or use] reveals that the first refers to objects which, by their nature, make an effective contribution to militaryaction. This category comprises all objects directly used by the armed forces: weapons, equipment, transports,fortifications, depots, buildings occupied by armed forces, staff headquarters, communications centres etc.”). Referto § 5.7.4 (Objects Categorically Recognized as Military Objectives).155 Refer to § 5.7.8.4 (Examples of Military Objectives – Places of Military Significance).156 Refer to § 5.7.4.2 (Objects Containing Military Objectives).157 See, e.g., 2006 AUSTRALIAN MANUAL 5.29 (“Purpose means the future intended use of an object while ‘use’means its present function.”); 2004 UK MANUAL 5.4.4 (“e. ‘Purpose’ means the future intended use of an objectwhile ‘use’ means its present function.”).158 Refer to § 5.7.8.3 (Examples of Military Objectives – Transportation Objects).209