The Law of War

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E. The SROE are divided as follows: 1. Enclosure A (Standing Rules of Engagement). This unclassified enclosure details the general purpose, intent, and scope of the SROE, emphasizing a commander’s right and obligation to use force in selfdefense. Critical principles, such as unit, individual, national, and collective self-defense, hostile act and intent, and the determination to declare forces hostile are addressed as foundational elements of all ROE. [NOTE: The unclassified portions of the SROE, including Enclosure A without its appendices, are reprinted as Appendix A to this Chapter.] 2. Key Definitions/Issues. The 2005 SROE refined the Definitions section, combining the definitions of “unit” and “individual” self-defense into the more general definition of “inherent right of self-defense” to make clear that individual self-defense is not absolute. Note, however, that if a subordinate commander imposes more restrictive ROE, he or she must send a notification through command channels to the SECDEF. a. Self-Defense. The SROE do not limit a commander’s inherent authority and obligation to take all appropriate action in self-defense of the unit, including other U.S. forces in the vicinity. (1) Inherent Right of Self-Defense. Unit commanders always retain the inherent right and obligation to exercise unit self-defense in response to a hostile act or demonstrated hostile intent. Unless otherwise directed by a unit commander as detailed below, military members may exercise individual self-defense in response to a hostile act or demonstrated hostile intent. When individuals are assigned and acting as part of a unit, individual self-defense should be considered a subset of unit self-defense. As such, unit commanders may limit individual selfdefense by members of their unit. Both unit and individual self-defense include defense of other U.S. military forces in the vicinity. (2) National Self-Defense. The act of defending the United States, U.S. forces, and in certain circumstances, U.S. citizens and their property and/or U.S. commercial assets, from a hostile act, demonstrated hostile intent, or declared hostile force. (3) Collective Self-Defense. The act of defending designated non-U.S. citizens, forces, property, and interests from a hostile act or demonstrated hostile intent. Only the President or SECDEF may authorize the exercise of collective self-defense. Collective self-defense is generally implemented during combined operations. (4) Mission Accomplishment v. Self-Defense. The SROE distinguish between the right and obligation of self-defense, and the use of force for the accomplishment of an assigned mission. Authority to use force in mission accomplishment may be limited in light of political, military, or legal concerns, but such limitations have NO impact on a commander’s right and obligation of self-defense. Further, although commanders may limit individual self-defense, 3 commanders always retain the inherent right and obligation to exercise unit self-defense. However, JAs must be aware that the line between action for mission accomplishment and action in self-defense is not always clear. Distinctions between mission accomplishment and self-defense, and between offensive and defensive operations, may vary based on the level of command, array of forces, and circumstances on the ground. b. Declared Hostile Force (DHF). Any civilian, paramilitary, or military force or terrorist that has been declared hostile by appropriate U.S. authority. Once a force is declared “hostile,” U.S. units may engage that force without observing a hostile act or demonstration of hostile intent; i.e., the basis for engagement shifts from conduct to status. Once a force or individual is identified as a DHF, the force or individual may be engaged, unless surrendering or hors de combat due to sickness or wounds. The authority to declare a force hostile is limited, and may be found at Appendix A to Enclosure A, paragraph 3 of the SROE. c. Hostile Act. An attack or other use of force against the United States, U.S. forces, or other designated persons or property. It also includes force used directly to preclude or impede the mission and/or duties of U.S. forces, including the recovery of U.S. personnel or vital U.S. government property. d. Hostile Intent. The threat of imminent use of force against the United States, U.S. forces, or other designated persons or property. It also includes the threat of force to preclude or impede the mission and/or duties of U.S. forces, including the recovery of U.S. personnel or vital U.S. government property. 3 When assigned and acting as part of a unit, and in the context of unit self-defense. See para. III.E.2.(a).(1). 83 Chapter 5 Rules of Engagement
e. Imminent Use of Force. The determination of whether the use of force against U.S. forces is imminent will be based on an assessment of all facts and circumstances known to U.S. forces at the time and may be made at any level. Imminent does not necessarily mean immediate or instantaneous. 3. Actions in Self-Defense. Upon commission of a hostile act or demonstration of hostile intent, U.S. forces may use all necessary means available and all appropriate actions in self-defense. If time and circumstances permit, forces should attempt to deescalate the situation, but de-escalation is not required. When U.S. personnel respond to a hostile act or demonstration of hostile intent, the force used in self-defense must be proportional. Force used may exceed that of the hostile act or hostile intent, but the nature, duration, and scope of force should not exceed what is required to respond decisively. 4. Enclosures B-H. These classified enclosures provide general guidance on specific types of operations: Maritime, Air, Land, Space, Information, and Noncombatant Evacuation Operations, as well as Counterdrug Support Operations Outside U.S. Territory. 5. Enclosure I (Supplemental Measures). a. Supplemental measures found in this enclosure (partially reprinted in Appendix A to this chapter) enable a commander to obtain or grant those additional authorities necessary to accomplish an assigned mission. Tables of supplemental measures are divided into those actions requiring President or SECDEF approval; those that require either President or SECDEF approval or Combatant Commander approval; and those that are delegated to subordinate commanders (though the delegation may be withheld by higher authority). (1) The current SROE recognizes a fundamental difference between the two sets of supplemental measures. Measures that are reserved to the President or SECDEF or Combatant Commander are generally permissive; that is, the particular operation, tactic, or weapon is generally restricted, and the President, SECDEF, or Combatant Commander implements the supplemental measure to specifically permit the particular operation, tactic, or weapon. Contrast this with the remainder of the supplemental measures, those delegated to subordinate commanders. These measures are all restrictive in nature. (2) Absent implementation of supplemental measures, commanders are generally allowed to use any weapon or tactic available and to employ reasonable force to accomplish his or her mission, without having to get permission first. Only when enacted will these supplemental measures restrict a particular operation, tactic, or weapon. Finally, note that supplemental ROE relate to mission accomplishment, not self-defense, and never limit a Commander’s inherent right and obligation of self-defense. However, as noted above, supplemental measures may be used to limit individual self-defense. b. Supplemental measure request and authorization formats are contained in Appendix F to Enclosure I. Consult the formats before requesting or authorizing supplemental measures. 6. Enclosure J (Rules of Engagement Process). The current, unclassified enclosure (reprinted in Appendix A to this chapter) provides guidelines for incorporating ROE development into military planning processes. It introduces the ROE Planning Cell, which may be utilized during the development process. It also names the JA as the “principal assistant” to the J-3 or J-5 in developing and integrating ROE into operational planning. 7. Combatant Commanders’ Theater-Specific ROE. The SROE no longer provide a separate Enclosure for specific ROE submitted by Combatant Commanders for use within their Area of Responsibility (AOR). Combatant Commanders may augment the SROE as necessary by implementing supplemental measures or by submitting supplemental measures for approval, as appropriate. Theater-specific ROE documents can be found on the Combatant Command’s SIPR website, often within or linked to by the SJA portion of the site. If you anticipate an exercise or deployment into any geographic Combatant Commander’s AOR, check with the Combatant Commander’s SJA for ROE guidance. 8. Enclosures L-Q (SRUF). Much like Enclosure A does for SROE, Enclosure L sets out the basic selfdefense posture under the SRUF. Enclosures M-O provide classified guidance on Maritime Operations Within U.S. Territory, Land Contingency and Security-Related Operations Within U.S. Territory, and Counterdrug Support Operations Within U.S. Territory. Enclosures P and Q provide a message process for RUF, as well as RUF references. JAs utilizing RUF are encouraged to consult the Domestic Operational Law 2011 Handbook for Judge Advocates, Chapters 11 (Rules for the Use of Force for Federal Forces) and 12 (Rules for the Use of Force for the National Guard), available at https://www.jagcnet.army.mil/clamo under “Publications.” Chapter 5 84 Rules of Engagement
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The e-Advocate Monthly …a Compend
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The Advocacy Foundation, Inc. Helpi
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Dedication ______ Every publication
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The Transformative Justice Project
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The Advocacy Foundation, Inc. Helpi
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Biblical Authority ______ Deuterono
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Table of Contents …a compilation
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I. Introduction The Law of War Inte
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establishes rules relating to the m
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treatment of civilian populations i
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The Geneva Conventions of 1949 may
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deaths and injuries long after conf
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Key Provisions and Principles Appli
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ICRC to form part of customary inte
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legal norms and cultural practices
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II. The Just War Theory Just War Th
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But, say they, the wise man will wa
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the damage inflicted by the aggress
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defensive war as a just one -- ofte
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Right Intention Force may be used o
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Combatants may not use weapons or o
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Discrimination The victor state is
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List of Just War Theorists These th
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III. Perpetual War Perpetual War, E
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Military-Industrial Complex The con
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after the 60's counterculture as ps
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Sun Tzŭ said: ... When you engage
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perpetuate fear and hatred of the e
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IV. The Rule of Law in Armed Confli
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The Geneva Convention relative to t
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V. Combatants, Non-Combatants and U
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civilians, until they have had a "f
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While the concept of an unlawful co
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3. Members of regular armed forces
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If a combatant does not qualify as
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"treated humanely", and if tried "s
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Municipal law United States Two sep
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Non-Citizens in the War Against Ter
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On 8 November 2004, a federal court
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possess such authority pursuant to
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On 4 June 2007, in two separate cas
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Roberts of the 2nd Royal Tank Regim
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VI. Prisoners of War A Prisoner of
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men and women, were driven out onto
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war. A cartel was usually arranged
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under the Third Geneva Convention,
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In 2000, the U.S. military replaced
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for them to be sent via Dunkirk to
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Commonwealth, and Dominions, 28,500
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Information on conditions in the st
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Treatment of POWs by The Soviet Uni
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After the German surrender, the Int
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The United States handed over 740,0
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years before being interned in a me
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VII. War Crimes A War Crime is an a
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Second Geneva Convention for the Am
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2. The following acts as part of an
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Former Libyan leader Muammar Gaddaf
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War crimes are significant in inter
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Employment of poison gas World War
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Specific war crimes alleged to have
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Invasion of Poland, in the period o
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Unrestricted submarine warfare agai
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mostly Jews, Russians, Krymchaks, a
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Crimes Perpetrated by Hungary Incid
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Attack on the United States in 1941
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Nanjing Massacre; Narcotics Traffic
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Palawan Massacre, 1944 War crimes (
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Unit 731 use of poisons as weapons
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Odessa massacre Aita Seaca massacre
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have been higher had a great number
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Mykola Lebed - one of the OUN leade
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warfare against merchant shipping N
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forces, declared to be atrocities,
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War crimes: As part of the Briggs'
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as possible, North Korea detained S
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The Hola massacre was an incident d
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Operation Speedy Express War Crim
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on the basis of an unsigned confess
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1975-1990: Lebanese Civil War Armed
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Torture prisoners Kandahar massacre
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And so, incredibly, children are no
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quarter of a million people (mostly
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Siege Sarajevo Siege Bihać Tuzla m
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Klečka killings Lake Radonjić mas
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Fighting involves Mai-Mai militia a
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thousands wounded; and 300,000-500,
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Civil uprising phase of the Syrian
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VIII. The Cold War The Cold War was
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collapsed at the end of the decade
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In what some have called the First
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The differences between Roosevelt a
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included eastern Poland (incorporat
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Page 225 and 226: Definition of Refugee According to
Page 227 and 228: Sources Refugee law encompasses bot
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Page 231 and 232: X. References 1. https://en.wikiped
Page 233 and 234: Notes _____________________________
Page 235 and 236: Attachment A Joint Chiefs of Staff:
Page 237: affected by media coverage of a spe
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Page 245 and 246: J-3 CJCSI 3121.01B DISTRIBUTION: A,
Page 247 and 248: CJCSI 3121.01B 13 June 2005 (3) SRO
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Page 257 and 258: CJCSI 3121.01B 13 June 2005 (b) Rev
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Page 261 and 262: PEACE ENFORCEMENT: KFOR (Kosovo, Ju
Page 263 and 264: ARMED CONFLICT: DESERT STORM (IRAQ,
Page 265 and 266: ARMED CONFLICT (STABILITY OPERATION
Page 267 and 268: Attachment B US Marine Corp: Intro
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B130936 Law of War/Introduction to
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8130936 Law of War/Introduction to
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Attachment C Basic Rules of The 194
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Basic rules of the Geneva Conventio
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Provisions common to the four Conve
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Protection of the wounded, sick and
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Protection of the wounded, sick and
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Rules relating to the conduct of co
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Protection of civilian persons and
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Protection of victims of non-intern
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Protection of victims of non-intern
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Advocacy Foundation Publishers Page
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Issue Title Quarterly Vol. I 2015 T
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Issue Title Quarterly Vol. V 2019 O
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LI Nonprofit Confidentiality In The
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Vol. XVIII 2032 Public Policy LXXVI
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African-American Youth in The May 2
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The e-Advocate Quarterly Special Ed
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Legal Missions International Page 2
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Vol. V 2019 XVII Russia Q-1 2019 XV
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The e-Advocate Newsletter Genesis o
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Extras The Nonprofit Advisors Group
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About The Author John C (Jack) John
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