25 - Law of Armed Conflict / ROE

Question 1

Weapons issued to a US servicemember

Answer 1

It is presumed to be lawful unless they alter it because there is legal review in the procurement process

Question 2

Mines

Answer 2

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)

Question 3

Nuclear Weapons

Answer 3

• Authorized only by the President
• Employment must be consistent with LOAC principles

Question 4

Biological Weapons

Answer 4

• 1972 Biological Weapons Convention
• Prohibits development, production, stockpiling, acquisition, or retention

Required destruction by Dec. 1975

Question 5

Chemical Weapons

Answer 5

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

Question 6

Permitted forms of Deception

Answer 6

• Camo
• Deceptive lighting
• Dummy ships
• Dummy armaments
• Decoys
• Simulated forces
• Feigned attacks and withdrawals
• Ambushes
• False intel
• Passwords and countersigns

Question 7

What is Perfidy?

Answer 7

The deliberate breach of faith or trust, faithlessness, treachery
It means injuring the enemy by his adherence to LOAC

Question 8

Types of War Crimes

Answer 8

1. Grave Breach
2. Minor Breach

Adjudication/consequence may come internally or externally

Question 9

Grave Breach

Answer 9

Major violations of LOAC:
- Torture
- Mutilation
- Experimentation
- Murder
- Genocide

Punishable by Death

Question 10

Minor Breach

Answer 10

• 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

Question 11

Who is responsible for War Crimes?

Answer 11

1. Those who directly commit the breach
2. Those who ordered the commission of the breach
3. Those who knew or should have known

Question 12

Rules of Engagement

Answer 12

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.

Question 13

Rules of Engagement

Answer 13

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.

Question 14

Types of ROE

Answer 14

1. Standing ROE
2. Supplemental ROE

ROE must comply with LOAC

Question 15

Standing ROE

Answer 15

• Baseline set of rules to govern mission success
• Rule for Self-Defense

Question 16

Permissive Use of Force

Answer 16

• Forces declared hostile (Offensive)
• Self-Defense (Defensive)

Question 17

Supplemental ROE

Answer 17

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

Question 18

What is a Hostile Act?

Answer 18

1. An attack against you, your unit, or designated persons/places to be protected
2. Direct force to impede U.S. forces in the accomplishment of their missions or duties

Question 19

What is Hostile Intent?

Answer 19

• 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

Question 20

Self-Defense Formula

Answer 20

HA or HI + PID = Engage in Self Defense

Question 21

What is PID?

Answer 21

Positive Identification
Reasonable certainty that the object of attack is hostile

Question 22

The “HOW” of Self-Defense

Answer 22

Shout, Show, Shove, Shoot
Proportionality- Force used in self defense must be the same and not in excess