Related Rule
United States of America
Practice Relating to Rule 8. Definition of Military Objectives
Section H. Areas of land
The US Naval Handbook (1995) states: “Proper naval targets also include geographic targets, such as a mountain pass.”
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 8.1.1.
The US Naval Handbook (2007) states: “Proper objects of attack include, but are not limited to, such military objectives as … geographic features, such as a mountain pass”.
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 8.2.5.
At the CDDH, the United States expressed its understanding that:
A specific area of land may be a military objective if, because of its location or other reasons specified in Article 47 [now Article 52 of the 1977 Additional Protocol I], its total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
United States, Statement at the CDDH, Official Records, Vol. VI, CDDH/SR.41, 26 May 1977, p. 204.
In 1992, in a review of the legality of extended range anti-armour munition, the US Department of the Air Force stated:
An area of land can be a military objective if by its nature, location, purpose or use it makes an effective contribution to military action and its total or partial destruction, denial, capture or neutralization offers a definite military advantage, in the circumstances ruling at the time. Most areas which would be mined in war would meet this definition.
United States, Department of the Air Force, The Judge Advocate General, Legal Review: Extended Range Antiarmor Munition (ERAM), 16 April 1992, § 7.
The Report on US Practice states:
The opinio juris of the U.S. government recognizes the definition of military objectives in Article 52 of Additional Protocol I as customary law. United States practice gives a broad reading to this definition, and would include areas of land … as military objectives.
Report on US Practice, 1997, Chapter 1.3.
Upon acceptance of the 1996 Amended Protocol II to the 1980 Convention on Certain Conventional Weapons, the United States stated:
The United States understands that an area of land itself can be a legitimate military objective for the purpose of the use of landmines, if its neutralization or denial, in the circumstances applicable at the time, offers a military advantage.
United States, Declaration made upon acceptance of the 1996 Amended Protocol II to the 1980 Convention on Certain Conventional Weapons, 24 May 1999, § 4.
