text: Chapter 2
  operations, whether such harm arises from attacks on military objectives within proximity to the damaged
  property, maneuver damage, mechanical error, enemy countermeasures, human error (including mistake of
  fact), or other actions resulting from the fog or friction of war or from the necessities of war. If time allows,
  however, a record of the use or damage should be kept or given to the owner so that in the event either
  belligerent provides funds at the close of hostilities to compensate the owners, evidence may be available to
  assist the assessors. During certain operations and as a matter of policy not law, the U.S. practice has been to
  provide ex gratia payments to alleviate the suffering of the civilian populace not involved in the conflict. All
  enemy public movable property captured or found on a battlefield becomes the property of the capturing
  State. Other than arms, military papers, military transportation, and other property that is susceptible to
  military use, enemy private moveable property captured or found on a battlefield may be appropriated only
  to the extent that such taking is permissible in occupied areas. In particular, receipts should be given and
  compensation paid, when feasible (see paragraphs 6-95 through 6-128).
  ENSURING LEGALITY OF WEAPONS AND WEAPON SYSTEMS
  Under longstanding DOD policies, there are requirements to review the legality of the acquisition
  or procurement of weapons. Although the United States is not a party to Additional Protocol I, many allies
  and potential multinational partners of the United States are required to determine the legality of new
  weapons as a treaty obligation under article 36 of Additional Protocol I.
  LEGAL REVIEW REQUIREMENT
  Prior to fielding or deploying any weapon and weapon system, including non-lethal weapons, cyber
  weapons and cyber weapon systems, DOD requires the legal review of the acquisition or procurement be
  reviewed to ensure compliance with all applicable U.S. domestic law and international legal obligations of
  the United States, whether derived from LOAC, international law, international agreements, customary
  international law. (See DODD 5000.01, ¶E1.1.15). To implement this policy, all weapons, weapon systems,
  and munitions must receive a legal review by an attorney authorized by the Military Department. For the
  Marine Corps, the Judge Advocate General of the Navy (Code 10) has been authorized to conduct the legal
  review (see SECNAVINST 5000.2E) and OTJAG-NSL has been authorized to conduct legal reviews for the
  Army (see AR 27-53).
  Note: The general legality of a weapon, weapon system, or munition discussed in this manual does
  not obviate the requirement for a legal review of the acquisition or procurement of each new
  weapon, weapon system, or munition.
  SCOPE OF LEGAL REVIEWS
  A review of the legality of a weapon system, weapon or munition under LOAC should address each
  of the following questions: whether a specific rule of law prohibits or restricts its use, whether the weapon is
  calculated to cause unnecessary suffering or superfluous injury, and whether the weapon is inherently
  indiscriminate.
  Specific Rule of Law
  Whether a specific rule of law—such as a U.S. treaty obligation, a rule accepted by the United States
  as customary international law, or a domestic law—prohibits or restricts the use of the weapon in question is
  first considered. The use of the following types of weapons is prohibited:
  * poison, poisoned weapons, poisonous gases, and other chemical weapons;
  * biological weapons;
  * certain environmental modification techniques;
  * weapons that injure by fragments that are non-detectable by X-rays;
  * certain types of mines, booby-traps, and other devices; and
  * lasers specifically designed to cause permanent blindness to unenhanced vision.