Pentagon tightens rules on combat to protect civilians used as shields

The Pentagon has revised a 2015 manual for waging combat while obeying the international laws of war, tightening rules for when it is lawful to fire on a military target even though civilians — from human shields to workers at weapons factories — are nearby.

The changes, announced late Tuesday, are the second time this year that the Defense Department has modified its Law of War Manual in response to criticism that portions were inaccurate or dangerous. In July, it overhauled sections of the manual to better protect journalists working in battlefield areas.

“Protecting civilians in armed conflict is critical, and it’s important that our legal guidance is clear and practical,” said Jennifer O’Connor, the Pentagon’s general counsel. “This version of the manual provides greater clarity and also reflects important developments such as the president’s recent executive order on civilian casualties.”

Several legal specialists, who had criticized the old version of the manual as misrepresenting the law of armed conflict in ways that endangered civilians, praised some of the changes but criticized others as still muddled.

Adil Haque, a law professor at Rutgers University who has criticized the manual, offered a mixed review of the changes, saying, “It’s definitely an improvement,” but arguing that some parts still fell short.

The changes focus largely on a section of the manual that discusses the principle of proportionality. In war, it can be lawful to fire on a military target even if civilians are nearby and will be killed as a consequence, but only if the anticipated collateral damage is proportionate to a legitimate objective.

The original version of the manual suggested that commanders could exclude entire categories of civilians when analyzing proportionality before firing, like civilians used as human shields or those who accompany an enemy force, like mechanics and food workers. They also could exclude civilians working at a place that helps sustain the enemy, like an arms factory.