(1) The enemy has shown by his actions that he takes advantage of areas or places normally considered as nonmilitary target areas. These areas are typified by those of religious background or historical value to the Vietnamese. When it is found that the enemy has sheltered himself or has installed defensive positions in such places or in public buildings and dwellings, the responsible senior brigade or higher commander in the area may order an attack to insure prompt destruction of the enemy. The responsible commander must identify positive enemy hostile acts either in the execution or preparation. Weapons and forces used will be those which will insure prompt defeat of enemy forces with minimum damage to structures in the area.

The exception to this policy is the palace compound in the Hue Citadel. For this specific area, commanders will employ massive quantities of CS agents and will take all other possible actions to avoid damage to the compound. 

Buildings devoted to religion, art, or charitable purposes as well as historical monuments may not be made the object of aerial bombardment. Protection is based on their not being used for military purposes … When used by the enemy for military purposes, such buildings may be attacked if they are, under the circumstances, valid military objectives. Lawful military objectives located near protected buildings are not immune from aerial attack by reason of such location but, insofar as possible, necessary precautions must be taken to spare such protected buildings along with other civilian objects. 

During military operations, reasonable measures should be taken to avoid damaging religious and cultural buildings, such as churches, temples, mosques, synagogues, museums, charitable institutions, historic monuments, archaeological sites, and works of art. These structures may lawfully be attacked if the enemy uses them for military purposes, though even then, the rules of engagement may place additional restrictions on US military operations. During World War II, for example, the Japanese city of Kyoto was never subjected to bombing because of the many historic and cultural monuments in the city. 

Don’t attack protected property. You are required to take as much care as possible not to damage or destroy buildings dedicated to cultural or humanitarian purposes or their contents. Examples are buildings dedicated to religion, art, science, or charitable purposes; historical monuments; hospital and places where the sick and wounded are collected and cared for; and schools and orphanages for children. These places are considered protected property as long as they are not being used at the time by the enemy for military operations or purposes. 

And remember that in attacks and shellings all necessary measures must be taken to spare, as far as possible, nonmilitary facilities to include buildings dedicated to religion, art, science, or charitable purposes. The same applies to historic monuments and hospitals, provided these buildings and places are not being used for military purposes. 

Buildings devoted to religion, the arts, or charitable purposes; historic monuments; and other religious, cultural or charitable facilities should not be bombarded, provided they are not used for military purposes. 

The term “protected property” means property specifically protected by the law of war (such as buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals, or places where the sick and wounded are collected), if such property is not being used for military purposes or is not otherwise a military objective. Such term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective. 

a. Text. “Any person subject to this chapter who intentionally engages in an attack upon protected property shall be punished as a military commission under this chapter may direct.”

b. Elements.

(1) The accused engaged in an attack;

(2) The object of the attack was protected property;

(3) The accused intended such protected property to be an object of the attack;

(4) The accused knew or should have known of the factual circumstances that established the property’s protected status; and

(5) The attack took place in the context of and was associated with armed conflict.

c. Comment. The intent required for this offense precludes its applicability with regard to collateral damage or death, damage, or injury incident to a lawful attack.

d. Maximum punishment. Confinement for 20 years. 

The term “protected property” means property specifically protected by the law of war (such as buildings dedicated to religion, education, art, science or charitable purposes, historic monuments …), if such property is not being used for military purposes or is not otherwise a military objective. Such term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective. 

a. Text. “Any person subject to this chapter who intentionally engages in an attack upon protected property shall be punished as a military commission under this chapter may direct.”

c. Comment. The intent required for this offense precludes its applicability with regard to collateral damage or death, damage, or injury incident to a lawful attack.

d. Maximum punishment. Confinement for 20 years. 

Ҥ 950v. Crimes triable by military commissions

“(a) DEFINITIONS AND CONSTRUCTION.—In this section:

“(b) OFFENSES.—The following offenses shall be triable by military commission under this chapter at any time without limitation:

The Senate advises and consents to the ratification of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, concluded on May 14, 1954 (Treaty Doc. 106–1(A)), subject to the understandings of section 2 and the declaration of section 3.

The advice and consent of the Senate under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:

…

The advice and consent of the Senate under section 1 is subject to the following declaration:

Ҥ 950p. Definitions; construction of certain offenses; common circumstances

“(a) DEFINITIONS.—In this subchapter:

Ҥ 950t. Crimes triable by military commission

“The following offenses shall be triable by military commission under this chapter at any time without limitation:

1. Shortly we will be fighting our way across the Continent of Europe in battles designed to preserve our civilization. Inevitably, in the path of our advance will be found historical monuments and cultural centers which symbolize to the world all that we are fighting to preserve.

2. It is the responsibility of every commander to protect and respect these symbols whenever possible.

3. In some circumstances the success of the military operation may be prejudiced in our reluctance to destroy these revered objects. Then, as at Cassino, where the enemy relied on our emotional attachments to shield his defense, the lives of our men are paramount. So, where military necessity dictates, commanders may order the required action even though it involves destruction of some honored site.

4. But there are many circumstances in which damage and destruction are not necessary and cannot be justified. In such cases, through the exercise of restraint and discipline, commanders will preserve centers and objects of historical and cultural significance. Civil Affairs Staffs at higher echelons will advise commanders of the locations of historical monuments of this type, both in advance of the front lines and in occupied areas. This information, together with the necessary instructions, will be passed down through command channels to all echelons. 

It is the understanding of the United States that [Article 47 bis of draft Additional Protocol I (now Article 53)] was not intended to replace the existing customary law prohibitions reflected in Article 27 of the 1907 [Hague Regulations] protecting a variety of cultural and religious objects. Rather the article establishes a special protection for a limited class of objects which because of their recognized importance constitute a part of the special heritage of mankind. Other monuments, works of art or places of worship which are not so recognized, none the less represent objects normally dedicated for civilian purposes and are therefore presumptively protected as civilian objects in accordance with the provisions of Article 47 [of the draft Additional Protocol I (now Article 52)].

We note that the use of these objects in support of the military effort is a violation of this article. Should they be used in support of the military effort it is our clear understanding that these objects will lose the special protection under this article. 

To avoid confusion, US ratification should be subject to an understanding confirming that the special protection granted by this article is only required for a limited class of objects that, because of their recognized importance, constitute a part of the cultural or spiritual heritage of peoples, and that such objects will lose their protection if they are used in support of the military effort. 

Whether in territory Coalition forces occupied or in parts of Iraq still under Iraqi control, US and Coalition operations in Iraq were carefully attuned to the fact those operations were being conducted in an area encompassing “the cradle of civilization”, near many archeological sites of great cultural significance. Coalition operations were conducted in a way that balanced maximum possible protection for those cultural sites against protection of Coalition lives and accomplishment of the assigned mission.

While Article 4(1) of the 1954 Hague Convention [for the Protection of Cultural Property] provides specific protection for cultural property, Article 4(2) permits waiver of that protection where military necessity makes such a waiver imperative; such “imperative military necessity” can occur when an enemy uses cultural property and its immediate surroundings to protect legitimate military targets in violation of Article 4(1). Coalition forces continued to respect Iraqi cultural property, even where Iraqi forces used such property to shield military targets from attack. However, some indirect damage may have occurred to some Iraqi cultural property due to the concussive effect of munitions directed against Iraqi targets some distance away from the cultural sites. 

The United States considers the obligations to protect natural, civilian, and cultural property to be customary international law … Cultural property, civilian objects, and natural resources are protected from intentional attack so long as they are not utilized for military purposes. 

Other steps were taken to minimize collateral damage. Although intelligence collection involves utilization of very scarce resources, these resources were used to look for cultural property in order to properly identify it. Target intelligence officers identified the numerous pieces of cultural property or cultural property sites in Iraq; a “no-strike” target list was prepared, placing known cultural property off limits from attack, as well as some otherwise legitimate targets if attack of the latter might place nearby cultural property at risk of damage. Target folders were annotated regarding near-by cultural property, and large-format maps were utilized with “non-targets” such as cultural property highlighted. In examining large-format photographs of targets, each was reviewed and compared with other known data to locate and identify cultural property.

To the degree possible and consistent with allowable risk to aircraft and aircrews, aircraft and munitions were selected so that attacks on targets in proximity to cultural objects would provide the greatest possible accuracy and the least risk of collateral damage to the cultural property … Aircrews attacking targets in proximity to cultural property were directed not to expend their munitions if they lacked positive identification of their targets. 

In conformity with the customary practice of nations, the protection of cultural property is not absolute. If cultural property is used for military purposes, or in the event of imperative military necessity, the protection afforded by the Convention is waived, in accordance with the Convention’s terms.