Flashcards in Law of War ROE Deck (75):
According to Joint Chiefs of Staff (JCS) Publication (Pub) 1 the LOW is defined as?
That part of war that regulates the conduct of armed hostilities.
What is the purpose of LOW?
To prevent unnecessary suffering, safeguard certain fundamental human rights of those involved in a conflict, and to ultimately restore peace.
The principle of military necessity is?
Justifies the employment of violence to obtain the submission of the enemy or to reach that certain military objective.
What is military necessity based upon?
Nature, location, purpose & use.
What does proportionality state?
That the nature, duration, and scope of the engagement must not exceed that which is required to decisively counter the hostile act or the demonstrated hostile intent.
What must we ensure that our decisions & actions minimize during war?
What does the concept of distinction require?
That combatants be distinguished from noncombatants and that military objectives be distinguished from protected places.
Those who are lawfully entitled to engage in hostilities.
What are examples of combatants?
1. Members of the armed forces.2. Members of a regular militia or volunteer units.3. Members of guerrilla units.4. Levee en Masse (members of a non-occupied nation who take up arms against an enemy).
What are characteristics of a combatant?
1. Wearing of a fixed and distinct uniform.2. Open carriage of arms.3. Acting under the command of a responsible leader.4. Obeying the law of war.
Are combatants protected under the LOW?
Those who may accompany combatants but do not perform in that capacity.
What are examples of noncombatants?
1. Correspondents.2. Technical personnel.3. Contractors.4. Medical personnel.5. Chaplains.6. Other civilians.
Are noncombatants protected under the LOW?
Those who act under false pretenses in order to obtain information and communicate that information back to a hostile or potentially hostile party.
Are spies protected under the LOW?
Are Terrorists, Insurgents, Saboteurs, Partisans protected under the LOW?
What guides us in the handling of detainees?
What acronym do we use when dealing with detainees?
S earchT agR eportE vacuateS egregateS afeguard
What are protected places?
Buildings or structures that are not considered valid military targets.
What are examples of protected places?
1. Hospitals.2. Churches.3. Mosques.
When do protected places become valid military objectives?
Once enemy forces utilize these structures.
How can lasers be used under the LOW?
For their intended use, such as marking targets and terminal guidance of munitions.
What does the Marine Corps define small arms ammunition as?
40mm size & below.
What are the 2 most current publications regarding ammunition?
1. 1868 Declaration of St. Petersburg2. Hague Convention of 1899
Does the Marine Corps recognize the Declaration of St. Petersburg regarding the use of exploding projectiles?
Does the US follow the practice of the Hague Convention restricting the use of expanding ammunition?
The US is not a party to this declaration, but we do follow this practice (hollow tipped ammo is permitted).
What are examples of incendiary munitions?
1. Napalm.2. Flame-throwers.3. White phosphorus.* Are lawful as long as utilized in a manner that does not cause unnecessary suffering.
When is fragmentation illegal?
When used against a protected structure.
Are land mines & booby traps authorized?
Yes, with the premise that suffering is minimized, & is the most proportionate response to the threat.
Who must authorize the use of riot control agents?
Are non-lethal weapons lawful?
What is considered a 'treacherous means of warfare' & prohibited under the LOW?
Chemical & biological weapons.
What is a ruse?
A tactic in which the actions injure the enemy as a result of legitimate deception.
What are examples of ruse?
1. Planting fictitious units via false information.2. Putting up dummy installations.3. False communication transmissions.4. Using a small force to simulate a larger unit.
Are ruses accepted under the LOW?
What is treachery?
A means of injuring the enemy through his adherence to the law of war.
Is treachery a violation of the LOW?
What are examples of treachery?
1. Feigning2. Faking an injury3. Truce in order to lure enemy into range to engage.4. Misuse of the Red Cross.
The act of specifically targeting a predominant person, usually an important political figure, to kill.
Is targeting military leadership legal under the LOW?
Is assassination of purely civilian heads of state legal under the LOW?
A like response to an illegal attack, such as a chemical response to a chemical attack.
Is reprisal legal under the LOW?
What is the purpose of discussion & scenario based training?
To reinforce self-discipline.
What are the 3 purposes of rules of engagement (ROE)?
1. Political2. Military 3. Legal
Political ROE ensure what?
That national policy and objectives are reflected in the action of commanders in the field, particularly under circumstances in which communication with higher authority is not possible.
Military ROE provide what?
Parameters within which the commander must operate in order to accomplish its assigned mission.
Legal ROE provide what?
Provide restraints on commander’s actions consistent with both domestic and international law and may, under certain circumstances, impose greater restrictions on action than those required by the law.
What global objectives does US national security guide?
1. Deterring armed attack against the US across the range of military operations.2. Defeating an attack should deterrence fail.3. Preventing or neutralizing hostile efforts to intimidate or coerce the US by the threat or use of armed force or terrorist actions.
The Standing Rules of Engagement (SROE) for US forces provides what?
Guidance on the inherent right of self-defense and the application of force for mission accomplishment.
SROE is designed for what?
Provide a common template for development and implementation of ROE for the full range of operations from peace to war.
Who does the SROE apply to?
1. U.S. forces responding to military attacks within the US2. All military operations outside the US3. To domestic support operations (RUF).
What classification are the SROE & are they available for the public?
Who approves ROE for the US forces?
The Secretary of Defense (SECDEF).
What are the 2 purposes of the SROE?
1. Provide implementation guidance on the application of force for mission accomplishment.2. Ensure the proper exercise of the inherent right of self-defense.
What are the 2 main types of modifications to the SROE?
1. Those that require combatant commander approval or higher. 2. Those that allow commanders to place further restrictions on the SROE for specific actions. These types of changes require that notification of the restriction is sent to the SECDEF.
Who must be notified when modifications of SROE are made?
What are the 3 levels of self-defense?
1. National Self-Defense2. Collective Self-Defense3. Unit & Individual Self-Defense
Define National Self-Defense?
The act of defending from a hostile act or hostile intent that is committed against:1. The US.2. US forces.3. In certain circumstances, US citizens and their property, and US commercial assets.
Define Collective Self-Defense?
Act of defending other designated non-US forces, personnel, or designated foreign nationals and their property from a hostile act or demonstration of hostile intent.
Who may authorize US forces to exercise Collective Self-Defense?
Only the President of the US/SECDEF.
Who else does unit & individual self-defense include?
Defense of other US military forces in the vicinity.
Who must be notified if a commander decides to exercise the right to “restrict” the individual right of self-defense?
What are the 3 principles of self-defense?
1. Necessity2. De-escalte3. Proportionality
When does necessity exists?
When a 'hostile act' occurs of a force or terrorists exhibits 'hostile intent'.
Define hostile act?
1. An attack or other use of force against the US, US forces, US nationals and their property; US commercial assets; other designated non-US forces, foreign nationals, and their property. 2.o Force used directly to preclude or impede the mission and/or duties of US forces, including the recovery of US personnel and vital US government property.
Define hostile intent?
1. Threat of imminent use of force against the US, US forces, & US nationals and their property; US commercial assets; other designated non-US forces, foreign nationals and their property.2. threat of force to preclude or impede the mission and/or duties of US forces, including the recovery of US personnel and vital US government property.
What are the 2 factors of de-escalate?
1. When time and circumstances permit,2. Warn and give opportunity to withdraw.
• Force used should be sufficient to respond decisively to the hostile act or demonstrated hostile intent
Define a hostile force?
Any civilian, paramilitary, or military force or terrorist(s), that has been declared hostile by appropriate US authority.
When is Positive Identification required?
Applies for some purposes of mission accomplishment but not in cases of self-defense.
When does self-defense arise?
From a hostile act (e.g., you are actually shot at) or a hostile intent (e.g., you are about to be shot at) that then creates a 100% certainty you now have a military target (i.e., the person trying to kill you).
Whose responsibility is it for developing & issuing ROE?