Putting the Two Together
Group C = clearly illegal targets : Uninvolved civilians and innocent bystanders
Group A = legal targets: armed soldiers, paramilitary
Group
B = Ambiguous targets: collaborators,
informants, spies
Casualties from insurgent attack
The
casualty spillover into Group B implicates both a duty to discriminate and the duty of proportionality.
1.Are
the ambiguous victims
combatants or non-combatants?
2. Were they killed pursuing a legitimate target with proportional means