text: Civilians
  5-23. DOD personnel will review periodically the detention of all individuals in DOD custody or control
  who do not receive the protections afforded POWs. Such reviews may include: (1) preliminary assessments
  of the detainee’s status and threat; (2) formal determinations of the lawfulness and continued necessity of
  detention; and (3) determination of the status of unprivileged belligerents held in long-term detention,
  presided over by a military judge (DODD 2310.01E, para. 3i).
  5-24. DOD personnel, including DOD contractors, must not accept the transfer of a detainee from another
  U.S. Government department or agency, coalition force, multinational partner personnel, or other personnel
  not affiliated with the DOD or the U.S. Government, except in accordance with applicable law, regulation,
  policy, and other issuances (DODD 2310.01E, para. 3e). No detainee may be released or transferred from the
  care, custody, or control of a DOD component except in accordance with applicable law, regulation, policy,
  and other issuances (DODD 2310.01E, para. 3m).
  Greater Protections
  5-25. As a matter of law, persons who are entitled to treatment as either POWs or retained personnel under
  the GPW, or as internees under the GC, are entitled to even greater protections than the minimum humane
  care and treatment described above.
  SPECIAL AGREEMENTS
  5-26. Parties to a conflict may conclude special agreements for all matters concerning which they deem it
  suitable to make separate provision, in addition to those specified by the GC (GC art. 7). No special agreement
  may adversely affect the situation of protected persons nor restrict the rights the GC confers on them.
  5-27. In no circumstances may protected persons renounce the rights secured to them by the GC and by any
  special agreements negotiated under the GC (GC art. 8).
  GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR
  5-28. The general protections afforded to civilians are intended to alleviate the sufferings caused by war. As
  a matter of Army/USMC practice, the general protections of GC Part II (art. 13 – 26) apply to all civilians
  encountered in military operations (see GC art. 13). These general protections provided by the Army and
  Marine Corps are also consistent with certain portions of Additional Protocol I outlined in paragraphs 5-29
  through 5-65.
  PROTECTION OF CIVILIANS AND CIVILIAN PROPERTY IN THE CONDUCT OF MILITARY
  OPERATIONS
  5-29. LOAC provides protections for civilians and civilian property while combatants engage in the conduct
  of military operations (see generally paragraphs 2-6 through 2-21 and 2-68 through 2-144, prohibiting
  indiscriminate attacks and the principles of military necessity, humanity, distinction, and proportionality
  found in Chapter 1). Many of the rules for the protection of civilians are derived from the principles of
  distinction and proportionality.
  5-30. In the conduct of military operations, constant care shall be taken to spare the civilian population,
  civilians, and civilian objects (consider AP I art. 57(1)). In general, military operations must not be directed
  against enemy civilians. For example, the civilian population as a whole may not be the object of attack.
  Measures of intimidation or terrorism against the civilian population are prohibited, including acts or threats
  of violence, the primary purpose of which is to spread terror among the civilian population (consider AP I
  art. 51(2); AP II art. 13(2)). Civilians must not be made the object of attack, unless they take a direct part in
  hostilities (see paragraphs 2-11 through 2-21).
  5-31. When prosecuting an attack against a military objective, combatants must exercise due regard to reduce
  the risk of incidental harm to the civilian population and other persons and objects that may not be made the
  object of attack. In particular, combatants must take feasible precautions in planning and conducting attacks
  to reduce the risk of harm to civilians and other persons and objects protected from being made the object of
  attack. Also, combatants must refrain from attacks in which the expected loss of civilian life, injury to
  civilians, and damage to civilian objects incidental to the attack would be excessive in relation to the concrete