law_war_manual15

prospect of recovery. Serious disability is equivalent to visual acuity of less than 20/200 Snellenmeasured using both eyes. 383Lasers that are designed to cause a temporary loss of sight, such as laser “dazzlers,”would not fall under this prohibition. 384Unenhanced vision means the naked eye or the eye with corrective eyesight devices, suchas ordinary glasses or contact lenses. 385 For example, unenhanced vision does not mean visionthrough direct-view optics, such as binoculars, a telescopic sight, night-vision goggles, or similardevices used to increase vision beyond that of an ordinary person without such enhancement.Persons using direct-view optics may have an increased risk of eye injury from lasers.6.15.2 Feasible Precautions in the Employment of Laser Systems to Avoid the Incident ofPermanent Blindness. In the employment of laser systems, all feasible precautions shall be takento avoid the incidence of permanent blindness to unenhanced vision. 386 Feasible precautionsmay be understood to include those that are practicable or practically possible taking intoaccount all circumstances ruling at the time, including humanitarian and militaryconsiderations. 387 Such precautions include training of the armed forces and other practicalmeasures, such as promulgating doctrine and rules of engagement. 3886.15.2.1 Use of Non-Prohibited Laser Systems to Blind Is Not AbsolutelyProhibited. Although feasible precautions should be taken to avoid blinding, the use of lasersystems (that are not prohibited as blinding laser weapons) to blind enemy combatants is notprohibited if avoiding such harm is not feasible, i.e., if such harm is militarily necessary. For383 CCW PROTOCOL IV ON BLINDING LASER WEAPONS art. 4 (“For the purpose of this protocol ‘permanentblindness’ means irreversible and uncorrectable loss of vision which is seriously disabling with no prospect ofrecovery. Serious disability is equivalent to visual acuity of less than 20/200 Snellen measured using both eyes.”).384 For example, Defense Science Board, Defense Science Board Task Force on Directed Energy Weapons, 13 (Dec.2007) (“Laser-based optical incapacitation devices have been deployed to Iraq in response to urgent fieldingrequirements for a non-lethal means to warn or temporarily incapacitate individuals. Marines employing thesedevices have reported that ‘they consistently defuse potential escalation of force incidents.’ Laser devices currentlyemployed by the Marine Corps are green laser (532 nm) systems emitting a strong beam that can temporarily reducevisual acuity at a distance of 300m or more. It has a nominal ocular hazard minimum distance that the operator mustavoid to preclude risk of eye injury. The lasers have been successfully used in convoy operations, mounted anddismounted patrols, vehicle check points, and entry control points. Army units have also purchased laser opticalincapacitation devices of various types, principally for use in escalation of force situations and to warn or deterdrivers of cars approaching checkpoints, U.S. convoys, or fixed-site installations.”).385 CCW PROTOCOL IV ON BLINDING LASER WEAPONS art. 1 (defining “unenhanced vision” as “the naked eye or …the eye with corrective eyesight devices.”).386 CCW PROTOCOL IV ON BLINDING LASER WEAPONS art. 2 (“In the employment of laser systems, the HighContracting Parties shall take all feasible precautions to avoid the incidence of permanent blindness to unenhancedvision.”).387 Refer to § 5.3.3.2 (What Precautions Are Feasible).388 CCW PROTOCOL IV ON BLINDING LASER WEAPONS art. 2 (“Such precautions shall include training of their armedforces and other practical measures.”).388