A/HRC/29/51 bombing of central Tikrit.97 Basing forces among civilians and civilian infrastructure constitutes a serious violation of applicable standards of international humanitarian law and can constitute a war crime. At the same time, however, international humanitarian law is clear that direct attacks against civilian objects are prohibited,98 unless and for such time as they are military objectives.99 There is a presumption of civilian character for objects normally dedicated to civilian purposes. In case of doubt, the principle of distinction and the requirement to do everything feasible to verify that targets are military objectives, not civilian objects, prevail.100 52. Accurate targeting can be a particular challenge in such an environment. Obtaining accurate intelligence is essential, but it has been reported that only 25 per cent of coalition air strikes in the Syrian Arab Republic, and 5 per cent in Iraq, are pre-planned.101 With few personnel on the ground to provide accurate targeting, crews rely heavily on targets of opportunity. In recognition of this more challenging environment, the United States has confirmed that the recent high standards it demanded of its drone strikes in Pakistan, which required “a near certainty” that civilians would not be killed, could not apply to Iraq or the Syrian Arab Republic given the intense nature of the conflict.102 In such circumstances, the coalition has a particular need for good aerial intelligence, surveillance and reconnaissance. This would not only allow planners to scout potential targets, but also to conduct battle damage assessments in the wake of strikes to gauge their effect on local populations, and so modify tactics accordingly. 53. The accurate identification of those directly participating in hostilities is critical to a proper application of the principles of distinction, proportionality and precaution. The Special Rapporteur recalls that there is a lack of international consensus on the rules governing direct participation in hostilities. 103 According to the International Committee of the Red Cross, an individual may be considered as a member of a non-State armed group, and therefore targeted at any time, only if they have assumed a “continuous combat function” within that group. 104 If this criterion is not met, an individual who is otherwise affiliated with an armed group can be regarded as having protected civilian status and may be targeted with deadly force only if, and so long as, the individual is playing a direct part in the conduct of hostilities. States that are involved in the military action in both Iraq and the Syrian Arab Republic, including those States carrying out air strikes, should disclose the criteria they adopt for direct participation in hostilities. This is critical to achieving transparency as to the forms of conduct that may expose civilians to deadly force, to evaluating whether any attack is lawful under international law, and for evaluating the number of civilian casualties resulting from an attack. 97 98 99 100 101 102 103 104 See United States Department of Defense, “Coalition Forces Conduct 17 Airstrikes in Tikrit”, 26 March 2015. Available from www.defense.gov/news/newsarticle.aspx?id=128458. See International Committee of the Red Cross (ICRC), Customary International Humanitarian Law, rule 8. Ibid., rule 10. Ibid., rule 16. See Eric Schmitt, “U.S. Adds Planes to Bolster Drive to Wipe Out ISIS”, New York Times, 26 November 2014. Available from www.nytimes.com/2014/11/27/us/us-adds-air-power-but-isispresents-elusive-target.html. See Michael Isikoff, “White House exempts Syria airstrikes from tight standards on civilian deaths”, 30 September 2014. Available from https://news.yahoo.com/white-house-exempts-syria-airstrikesfrom-tight-standards-on-civilian-deaths-183724795.html. See A/68/389, paras. 69–72. See Nils Melzer, “Interpretive guidance on the notion of direct participation in hostilities under international humanitarian law”, ICRC. Available from www.icrc.org/eng/assets/files/other/icrc-0020990.pdf. 17