that would require this open-source ROE (positing that the article is accurate ?) - and I am stumped.

Possibly it is an application of Additional Protocals I and II (the best and highest use of Lawfare against the US, so far), which in general shift the burden of civilian protection from the defending force to the attacking force - even though the defending force is hiding amidst the civilians.[*]

On the other hand, it could be a pure and simple political move - or some misguided view of COIN. If fully implemented, this rule would logically result in giving up built-up areas.

But, the article says:

Smith said McChrystal will address in the coming months how U.S. and NATO forces are deployed around the country, and forces could be withdrawn from remote regions in order to concentrate troops around population centers.
So, we remove troops from the boondocks (where they can shoot) to built-up areas (where they can't) ? None of this hangs together.

The Campaign for Innocent Victims in Conflict, which announced support for the rule, has a Wiki and official webpage. See its "change the rules" page.

Placing the burden on the warring parties is cute - where the AQ-Taliban are not complying with the laws of war as they now exist. So, the burden (as with AP I & II) will only fall on those nations who will follow the rules (no matter how stupid they be).

Looks like a lawfare example to this old buzzard. Maybe some of you younger, more sophisticated folks can talk me down.

---------------------------
[*] AP I & II are not accepted by the US (or by either Astan or Pstan, for that matter). They are accepted by most NATO countries.