Let's say you are a JAG officer (military lawyer) for a combat unit in Afghanistan. The commander comes to you and offers you these details: they have intelligence that suggests that three high-level members of al-Qa'ida are going to be in a marketplace for a meeting in 5 minutes. Because the marketplace is crowded and we have no assets on the ground, it is likely that we will lose them once they leave. The marketplace is crowded with civilians, but the meeting will take place in a corner that is less occupied. Using a drone, the commander estimates that between 10-20 civilians will die in a strike on the meeting location, in addition to the three high-level AQ members and two low-level fighters they are meeting with.

Do you pose a legal issue to the commander? Why or why not? Use the principles in this module to support your position.