25 - Law of Armed Conflict / ROE Flashcards
Weapons issued to a US servicemember
It is presumed to be lawful unless they alter it because there is legal review in the procurement process
Mines
Underwater Mines
- Can be placed within its own Internal or Territorial Waters
- Cannot place armed mines in Int. Waters unless for self defense
- Can place controlled mines in intl. wates if it doesn’t interfere with navigation
Land Mines
- Many nations signed a traety banning all non-controlled land mines
- US did not (b/c of mines at the DMZ in South Korea)
Nuclear Weapons
- Authorized only by the President
- Employment must be consistent with LOAC principles
Biological Weapons
- 1972 Biological Weapons Convention
- Prohibits development, production, stockpiling, acquisition, or retention
Required destruction by Dec. 1975
Chemical Weapons
1925 Geneva Protocol Prohibits Use
1993 Chemical Weapons Convention
- Cannot develop, produce, stockpile, or transfer
- U.S. ratified on 29 Apr. 1997
- Prohibits use in retaliation
Permitted forms of Deception
- Camo
- Deceptive lighting
- Dummy ships
- Dummy armaments
- Decoys
- Simulated forces
- Feigned attacks and withdrawals
- Ambushes
- False intel
- Passwords and countersigns
What is Perfidy?
The deliberate breach of faith or trust, faithlessness, treachery
It means injuring the enemy by his adherence to LOAC
Types of War Crimes
- Grave Breach
- Minor Breach
Adjudication/consequence may come internally or externally
Grave Breach
Major violations of LOAC:
- Torture
- Mutilation
- Experimentation
- Murder
- Genocide
Punishable by Death
Minor Breach
- Misuse of protected symbols
- Compelling POWs to do prohibited labor
- Plunder/Pillage of Enemy Property
- Feigning Surrender
- Mutilation of Corpses
Punishments include up to life in prison
Who is responsible for War Crimes?
- Those who directly commit the breach
- Those who ordered the commission of the breach
- Those who knew or should have known
Rules of Engagement
Directives issued by competent military authority that delineate the circumstances and limitations under which U.S. forces will initiate and/or continue combat engagement with other forces.
Rules of Engagement
Directives issued by competent military authority that delineate the circumstances and limitations under which U.S. forces will initiate and/or continue combat engagement with other forces.
Types of ROE
- Standing ROE
- Supplemental ROE
ROE must comply with LOAC
Standing ROE
- Baseline set of rules to govern mission success
- Rule for Self-Defense
Permissive Use of Force
- Forces declared hostile (Offensive)
- Self-Defense (Defensive)
Supplemental ROE
Crafted to a specific mission by selecting from a menu of options governing matters such as weapon selection, forces declared hostile, use of riot control agents, target lists
What is a Hostile Act?
- An attack against you, your unit, or designated persons/places to be protected
- Direct force to impede U.S. forces in the accomplishment of their missions or duties
What is Hostile Intent?
- Threat of imminent use of force
-Against U.S. Forces or designated persons/property
-To preclude/impede U.S. Forces
“Imminent” does not equal immediate or instantaneous
Self-Defense Formula
HA or HI + PID = Engage in Self Defense
What is PID?
Positive Identification
Reasonable certainty that the object of attack is hostile
The “HOW” of Self-Defense
Shout, Show, Shove, Shoot
Proportionality- Force used in self defense must be the same and not in excess
