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Question
During an armed operation in a Philippine province, units of the Philippine National Police (PNP) in coordination with a local Civilian-Military Operations Team strike a three-story building that civilians use as a library and community center. The basement is reportedly used by an insurgent faction as a command post and weapons cache. Civilians are inside, including children; some attempt to flee, but many are killed when the building is hit. The authorities claim they targeted a military objective—the insurgents’ command post—and that civilians were warned to evacuate. The strike destroys the building and causes numerous civilian casualties. Analyze the legality of the attack under the principle of distinction in international humanitarian law. (a) State the controlling rule governing protection of civilians applicable to this scenario. (b) Distinguish civilian objects from military objectives and explain how a building that is used as a library can nonetheless be a legitimate target if used for military purposes by insurgents, including the requirement of proportionality. (c) Apply the rule to the facts and determine whether the attack complies with the doctrine of distinction and proportionality, and outline the possible consequences for the responsible actors under Philippine law.