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ICISS report - International Coalition for the Responsibility to Protect

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The <strong>Responsibility</strong> <strong>to</strong> <strong>Protect</strong> 62<br />

7.25 Coordination is a <strong>to</strong>pic that is a perpetual concern but which is extremely difficult <strong>to</strong><br />

achieve satisfac<strong>to</strong>rily, since coordination implies independent authorities attempting <strong>to</strong><br />

cooperate with each o<strong>the</strong>r. Often, coordination does not translate in<strong>to</strong> integrated decision<br />

making on a regular basis, nor <strong>to</strong> genuine unity of ef<strong>for</strong>t. While coordination ef<strong>for</strong>ts have<br />

markedly improved effectiveness in some cases, in o<strong>the</strong>rs <strong>the</strong>y have amounted <strong>to</strong> little more<br />

than trying <strong>to</strong> minimize turf wars.<br />

Rules of Engagement<br />

7.26 ROEs are critical <strong>to</strong> responding and protecting populations at risk. They are <strong>the</strong> directions<br />

guiding <strong>the</strong> application of <strong>the</strong> use of <strong>for</strong>ce by soldiers in <strong>the</strong> <strong>the</strong>atre of operations. The<br />

ROEs must fit <strong>the</strong> operational concept and be appropriate <strong>for</strong> <strong>the</strong> type of military action that<br />

is anticipated. The use of only minimal <strong>for</strong>ce in self-defence that characterizes traditional<br />

peacekeeping would clearly be inappropriate and inadequate <strong>for</strong> a peace en<strong>for</strong>cement<br />

action, including a military intervention. Activities such as arresting criminals (in <strong>the</strong> streets<br />

or indicted war criminals), halting abuse, and deterring would-be killers and thugs require<br />

clear and robust rules of engagement. Precise ROEs can help <strong>to</strong> diminish <strong>the</strong> need <strong>for</strong><br />

individual countries <strong>to</strong> issue additional clarifications – something that can be a significant<br />

impediment <strong>to</strong> <strong>the</strong> conduct of multinational operations.<br />

7.27 The rules of engagement should also reflect <strong>the</strong> principle of proportionality.<br />

Proportionality in this context ought not <strong>to</strong> exclude <strong>the</strong> option <strong>to</strong> escalate as appropriate,<br />

but should lead <strong>to</strong> restraint in <strong>the</strong> use of destructive power of modern weaponry.<br />

Proportionality should also not have <strong>the</strong> effect of paralyzing <strong>the</strong> military <strong>for</strong>ces on <strong>the</strong><br />

ground, or trap <strong>the</strong>m in<strong>to</strong> a purely reactive mode denying <strong>the</strong>m <strong>the</strong> opportunity <strong>to</strong> seize <strong>the</strong><br />

initiative when this may be needed.<br />

7.28 In <strong>the</strong> context of interventions undertaken <strong>for</strong> human protection purposes, <strong>the</strong> ROEs<br />

<strong>for</strong> a military intervention must reflect a stringent observance of international law, and<br />

international humanitarian law in particular. They should include an acknowledgement<br />

that certain types of arms, and particularly those which are banned under international<br />

agreements, may not be used.<br />

7.29 There is no common disciplinary procedure <strong>for</strong> international troops that violate international<br />

norms. It is largely left <strong>to</strong> contributing nations <strong>to</strong> prosecute <strong>the</strong>ir own soldiers,<br />

including with regard <strong>to</strong> <strong>the</strong>ir behaviour in respect of <strong>the</strong> civilian population in <strong>the</strong> place<br />

of operations. Particular care must be taken by intervening nations <strong>to</strong> establish codes of<br />

conduct and <strong>to</strong> ensure justice and accountability in <strong>the</strong> exercise of <strong>the</strong>se responsibilities, so<br />

as not <strong>to</strong> discredit an intervening <strong>for</strong>ce in <strong>the</strong> eyes of a local population and undermine<br />

civilian attempts <strong>to</strong> establish a rule of law. The standards set by such codes should be high,<br />

and those who do not live up <strong>to</strong> <strong>the</strong>m should be removed.<br />

Applying Force<br />

7.30 Quick success in military operations can best be achieved by surprise, by applying<br />

overwhelming <strong>for</strong>ce and through <strong>the</strong> concentration of all military ef<strong>for</strong>ts. However, it has<br />

been observed that in <strong>the</strong> context of an intervention <strong>for</strong> human protection purposes, it will<br />

be virtually impossible <strong>to</strong> rely on secrecy and surprise or <strong>to</strong> make maximum use of <strong>the</strong> full<br />

and devastating power of modern weapons. Achieving surprise at <strong>the</strong> strategic level must be<br />

balanced against <strong>the</strong> value and need <strong>to</strong> try <strong>to</strong> persuade <strong>the</strong> target state <strong>to</strong> comply be<strong>for</strong>e <strong>the</strong><br />

resort <strong>to</strong> <strong>for</strong>ce is required. Moreover, democratic societies that are sensitive <strong>to</strong> human rights<br />

and <strong>the</strong> rule of law will not long <strong>to</strong>lerate <strong>the</strong> pervasive use of overwhelming military power.

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