Quoting from wikipedia article
Scorched earth - Wikipedia, the free encyclopedia
It says ....
"The strategy of destroying the food supply of the civilian population in an area of conflict has been banned under Article 54 of Protocol I of the 1977 Geneva Conventions. The relevant passage says:"
'It is prohibited to attack, destroy, remove, or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies, and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.[2]'
Despite being prohibited, it is still a common military practice. The protocol only applies to those countries that have ratified it; notable countries that have not ratified it are Eritrea, India, Indonesia, Iran, Israel, Malaysia, Myanmar (Burma), Nepal, Pakistan, Singapore, Somalia, Sri Lanka, Thailand, Turkey, and the
United States .[3]
Why don't we join the nations that ratified this?
Edit:
Actually...
I would reword the protocol to make an exception that says this protocol does not apply if the civilians in question are willfully harboring, in captivity of, or placed or coerced into use as human shields by, a militant enemy entity be it a terrorist group, mob, coup, or enemy nation, if it can be demonstrated beyond reasonable doubt the harming of these civilians is non-preventable in taking on the strategy with the objective being to accomplish the mission at hand."
That exception would make me agree USA must then ratify the protocol
So 2 parts to the exception
1) Are the civilians playing a role in the enemy's war strategy? If not, then apply protocol.... Otherwise, see 2 below
2) U.S. cannot prove beyond reasonable doubt that touching these civilians will have negligible direct objectively demonstratable impacts on increasing the likelihood of achieving the mission (mission being resolving a land dispute, improving the well being of civilians, improving the safety and security of the United States, enforcing human rights)...then protocol doesn't apply
Else protocol applies
....
2 cases where protocol applies under the exception rules I propose above:
1) The more common one would be if say North Korean civilians are not even aware of kim Jong Il's military strategies in a Korean war....then burning the rice paddies in North Korean pastures should violate protocol
2) The less common one. If kim Jong recruited civilians to serve as human shields to protect karyoke machines that the dear leader stole from South Korea...but there are no civilian Human shields affecting any particular battle concerning the U.S. and its role in a Korean war, then eventhough civilians are working with Kim Jong, in this case there would be no objectively demonstrateble US military gain from scorching those civilians and protocol would apply.