NROTC Unit, Tulane University5/12/20151 Naval Science 402 Leadership and Ethics Lesson 11 Conduct of War Law of Armed Conflict ROE/Code of Conduct.

NROTC Unit, Tulane University 04/18/23 1

Naval Science 402Naval Science 402Leadership and EthicsLeadership and Ethics

Lesson 11Lesson 11

Conduct of WarConduct of War

Law of Armed ConflictLaw of Armed Conflict

ROE/Code of ConductROE/Code of Conduct


ObjectivesObjectives

Complete Conduct of War Joint Targeting Complete Conduct of War Joint Targeting SimulationSimulation

Know and be able to apply the Laws of Armed Know and be able to apply the Laws of Armed Conflict.Conflict.

Understand Rules of Engagement and their ImpactUnderstand Rules of Engagement and their Impact Understand the necessity for a strong Ethical Understand the necessity for a strong Ethical

foundation during Armed Conflictfoundation during Armed Conflict Comprehend the IMPACT for compliance with Comprehend the IMPACT for compliance with

International Agreements Relating to Armed International Agreements Relating to Armed Conflict.Conflict.



Know the Policy of the U.S. Government Know the Policy of the U.S. Government Regarding the Law of Armed Conflict Regarding the Law of Armed Conflict Including:Including: The Responsibilities of Superior The Responsibilities of Superior

Officers With Regard to Violations of Officers With Regard to Violations of the Law of Armed Conflictthe Law of Armed Conflict

The Measures Taken to Redress Acts in The Measures Taken to Redress Acts in Violation of the Law of Armed ConflictViolation of the Law of Armed Conflict


Law of Armed ConflictLaw of Armed ConflictThe body of law which governs The body of law which governs

the conduct of the conduct of statesstates and and individualsindividuals when they are when they are engaged in an armed conflict. engaged in an armed conflict. This includes the This includes the use of forceuse of force, , the the protection of civiliansprotection of civilians, , sick sick and wounded personneland wounded personnel, and , and PWsPWs. The two . The two terms "Law of Armed terms "Law of Armed Conflict" and "Law of War" Conflict" and "Law of War" can be used interchangeably. can be used interchangeably.


Why Have “Laws” to GovernWhy Have “Laws” to GovernSuch a Messy BusinessSuch a Messy Business

Minimizing the Damage Minimizing the Damage We Cause During a WarWe Cause During a War

Avoiding Unnecessary Avoiding Unnecessary SufferingSuffering

Protecting Human RightsProtecting Human Rights Easing the Transition Easing the Transition

From War Back to Peace. From War Back to Peace.


Law of Armed ConflictLaw of Armed Conflict(Current Sources)(Current Sources)

UN CharterUN Charter Article 2 - Peaceful Settlement of Article 2 - Peaceful Settlement of

International DisputesInternational Disputes Signers Agree to Avoid Resort to War Signers Agree to Avoid Resort to War

Except Except As a UN-Directed ActionAs a UN-Directed Action Right of Individual or Collective Self-defenseRight of Individual or Collective Self-defense


Law of Armed ConflictLaw of Armed Conflict(General Principles)(General Principles)

Military Necessity/ Proportionality Military Necessity/ Proportionality Take Actions Necessary to Achieve a Legitimate Military Take Actions Necessary to Achieve a Legitimate Military

ObjectiveObjective Use No Greater Force Than Is Needed to Obtain the Use No Greater Force Than Is Needed to Obtain the

Desired Military Objective. Desired Military Objective. HumanityHumanity

Avoid Inflicting Unnecessary SufferingAvoid Inflicting Unnecessary Suffering Don't Hurt People or Destroy Their Property Just for the Don't Hurt People or Destroy Their Property Just for the

Sake of Wreaking HavocSake of Wreaking Havoc Dishonorable Conduct ProhibitedDishonorable Conduct Prohibited


Customary International LawCustomary International Law Treaties With The Hague (1907)Treaties With The Hague (1907) Geneva Conventions (4) of 12 Aug 1949Geneva Conventions (4) of 12 Aug 1949

Wounded and Sick in the FieldWounded and Sick in the Field Wounded, Sick, and Shipwrecked at SeaWounded, Sick, and Shipwrecked at Sea POWsPOWs CiviliansCivilians

Additional Protocols of 8 Jun 1977Additional Protocols of 8 Jun 1977 Chemical Weapons ConventionChemical Weapons Convention

Law of Armed ConflictLaw of Armed Conflict(Current Sources)(Current Sources)


Players and ObserversPlayers and Observers CombatantsCombatants

Armed ForcesArmed Forces Non CombatantsNon Combatants

Civilians, JournalistsCivilians, Journalists Medical PersonnelMedical Personnel ChaplainsChaplains

Prisoners of WarPrisoners of War Torture, Threats, Coercive Acts ProhibitedTorture, Threats, Coercive Acts Prohibited Cannot Be Killed Even to Preserve GuardsCannot Be Killed Even to Preserve Guards If Cannot Hold, Must Release UnharmedIf Cannot Hold, Must Release Unharmed


Questions ???Questions ???


Joint Targeting Board ConclusionJoint Targeting Board Conclusion


JFLCC PrioritiesJFLCC Priorities22ndnd Army HQ Kandahar Army HQ Kandahar

Enemy Units near HeartEnemy Units near Heart

Central Army HQ, KabulCentral Army HQ, Kabul

Enemy Bases JalalbadEnemy Bases Jalalbad

Enemy Bases Mazar-E-SharifEnemy Bases Mazar-E-Sharif

Naval PrioritiesNaval PrioritiesEliminate Submarine ThreatEliminate Submarine Threat

Eliminate Coastal Patrol Re-supplyEliminate Coastal Patrol Re-supply

Clear Mine Threat in Naval AOClear Mine Threat in Naval AO

Eliminate Immediate Mining CapEliminate Immediate Mining Cap

Neutralize Air Threat to Naval ForceNeutralize Air Threat to Naval Force

JFACC PrioritiesJFACC Priorities JSOC PrioritiesJSOC Priorities



Joint Special Operations Joint Special Operations CommandCommand

Joint Targeting PrioritiesJoint Targeting Priorities




Joint Forces Land Component Joint Forces Land Component CommandCommand

Targeting PrioritesTargeting Priorites






Joint Forces Air Component Joint Forces Air Component CommandCommand

Joint Air Targeting PrioritiesJoint Air Targeting Priorities



THE GULF OF IRANTHE GULF OF IRAN

DESTROY THREAT OF TOWEL HEAD DESTROY THREAT OF TOWEL HEAD CLASS SUBMARINES USED BY THE CLASS SUBMARINES USED BY THE ENEMY, THROUGH THE FOLLOWING ENEMY, THROUGH THE FOLLOWING MEANS:MEANS: U.S SUMARINE PATROLU.S SUMARINE PATROL SONO-BOUYS FROM THE SH-60SONO-BOUYS FROM THE SH-60 SONAR SEARCH FROM CRUISERSONAR SEARCH FROM CRUISER



STOP AFGANSTAN COASTAL PATROL STOP AFGANSTAN COASTAL PATROL CRAFTS, WHO ARE TRANSPORTING CRAFTS, WHO ARE TRANSPORTING GOODS DOWN THE COAST TO RE-SUPPLY GOODS DOWN THE COAST TO RE-SUPPLY AL QUEDA AND TALIBAN FORCES. AL QUEDA AND TALIBAN FORCES. U.S. FRIGATE BOARDING PARTIESU.S. FRIGATE BOARDING PARTIES U.S. NAVY SEAL TEAMSU.S. NAVY SEAL TEAMS



CLEAR THE BATTLE GROUP OPERATING CLEAR THE BATTLE GROUP OPERATING BOX OF MINE THREATS.BOX OF MINE THREATS. U.S. EXPLOSIVE ORDINACE DISPOSAL U.S. EXPLOSIVE ORDINACE DISPOSAL (EOD) TEAMS TO DEFUSE SHALLOW (EOD) TEAMS TO DEFUSE SHALLOW WATER MINES OFF THE COAST.WATER MINES OFF THE COAST.

U.S. MINESWEEPERS TO CLEAR U.S. MINESWEEPERS TO CLEAR BATTLE GROUP AREA OF OPERATION, BATTLE GROUP AREA OF OPERATION, DEEP WATER. DEEP WATER.


HARBORS AND INLETSHARBORS AND INLETS

DEFUSE MINE THREAT IN COASTAL DEFUSE MINE THREAT IN COASTAL HARBORS.HARBORS. U.S. EOD TO DEFUSE THE SHALLOW U.S. EOD TO DEFUSE THE SHALLOW WATER MINES.WATER MINES.

U.S. MINESWEEPERS TO SET OFF U.S. MINESWEEPERS TO SET OFF MINES THAT EOD CANNOT DEFUSE. MINES THAT EOD CANNOT DEFUSE.


HARBORS AND INLETSHARBORS AND INLETS

ACUIRE HARBOR/INLET CITIES IN ORDER ACUIRE HARBOR/INLET CITIES IN ORDER TO ESTABLISH DIFFERENT EVACUATION TO ESTABLISH DIFFERENT EVACUATION POINTS FOR GROUND FORCES. POINTS FOR GROUND FORCES. U.S. MARINE (MEU) TO DEVOLOP U.S STRONG U.S. MARINE (MEU) TO DEVOLOP U.S STRONG HOLD IN THE CITIES.HOLD IN THE CITIES.

LCATSLCATS WEAPONS AND AMMUNITIONWEAPONS AND AMMUNITION COASTAL BOMBARDMENT FROM DESTROYERS (5” GUNS)COASTAL BOMBARDMENT FROM DESTROYERS (5” GUNS) E-2C FOR RADAR AND SAM DETECTIONE-2C FOR RADAR AND SAM DETECTION VMFA AND VMAQ FOR DESTROYING RADAR AND SAM VMFA AND VMAQ FOR DESTROYING RADAR AND SAM SITESSITES

CLOSE ROTAR WING SUPPORT FROM MARINE AMPHIBSCLOSE ROTAR WING SUPPORT FROM MARINE AMPHIBS


AIR BASES, RADAR SITES, SAM AIR BASES, RADAR SITES, SAM SITESSITES

NEUTRALIZATION OF AIR, SURFACE, AND NEUTRALIZATION OF AIR, SURFACE, AND SUB-SURFACE TARGETS WHICH THREATEN SUB-SURFACE TARGETS WHICH THREATEN CONTROL OF THE SEA. CONTROL OF THE SEA. U.S CARRIER AIR WING TO DETERMINE LOCATIONS U.S CARRIER AIR WING TO DETERMINE LOCATIONS OF COASTAL AIR BASES, RADER SITES, AND SAM OF COASTAL AIR BASES, RADER SITES, AND SAM SITESSITES

E-2C FOR SITE LOCATIONE-2C FOR SITE LOCATION F-14 FOR AIR TO AIR SUPPORT, ENEMY FIGHTER F-14 FOR AIR TO AIR SUPPORT, ENEMY FIGHTER DETECTION AND DESTRUCTIONDETECTION AND DESTRUCTION

EA-6B FOR RADAR DISABLING EA-6B FOR RADAR DISABLING F/A-18 FOR GROUND TARGET DESTRUCTIONF/A-18 FOR GROUND TARGET DESTRUCTION

U.S. AIRWING WILL CONTINUE PROTECTION OF THE U.S. AIRWING WILL CONTINUE PROTECTION OF THE BATTLE GROUP.BATTLE GROUP.


AIR BASES, RADAR SITES, SAM AIR BASES, RADAR SITES, SAM SITESSITES

»READY 15 FOR ALL SQUADRONS»4 EVENTS EACH DAY

CRUISERS FOR SITE DESTRUCTIONCRUISERS FOR SITE DESTRUCTION–AIR BASE DESTUCTION WITH TOMAHAWK CRUISE MISSLES

–RADAR DESTRUCTION WITH TOMAHAWK CRUSE MISSLES

–SAM SITE DESTRUCTION WITH TOMAHAWK CRUISE MISSLES



Understand the Relation of the Rules of Understand the Relation of the Rules of Engagement (ROE) to the Law of Armed Engagement (ROE) to the Law of Armed Conflict.Conflict.

Comprehend the Major Principles of and Comprehend the Major Principles of and Ideas Behind the Code of Conduct and Ideas Behind the Code of Conduct and Be Able to Apply Them to a Leader's Be Able to Apply Them to a Leader's Role in a Prisoner-of-War Situation.Role in a Prisoner-of-War Situation.


Rules of EngagementRules of Engagement Delineate the Delineate the

circumstances and circumstances and limitations under which limitations under which ground, naval, and air ground, naval, and air forces will initiate and/or forces will initiate and/or continue combat with continue combat with enemy forcesenemy forces

Always consistent with the Always consistent with the Law of Armed ConflictLaw of Armed Conflict


Standing ROEStanding ROE

Concern...Concern... Inherent Right Inherent Right andand Obligation of Obligation of

Self-DefenseSelf-Defense Guidance on the application of Guidance on the application of

force for mission force for mission accomplishmentaccomplishment

““Use All Necessary Means Use All Necessary Means Available … Take All Available … Take All Appropriate Action”Appropriate Action”


Elements of Elements of Self DefenseSelf Defense Necessity …Necessity …

Hostile Act (Attack) Occurs or Hostile Act (Attack) Occurs or Hostile Intent (Imminent Hostile Intent (Imminent Attack) Is DemonstratedAttack) Is Demonstrated

Proportionality ...Proportionality ... Force Employed Must Be Force Employed Must Be

Reasonable in Intensity, Reasonable in Intensity, Duration, and Magnitude … Duration, and Magnitude … to Decisively Counter … and to Decisively Counter … and Ensure Safety...Ensure Safety...


Mission Specific ROEMission Specific ROE

CINCs May Produce Additional CINCs May Produce Additional STANDING ROE As Appropriate for STANDING ROE As Appropriate for Conditions in Their AORConditions in Their AOR

Combatant Commanders May Issue Combatant Commanders May Issue Additional ROE for a Specific Operation.Additional ROE for a Specific Operation.

Examples:Examples: DESERT SHIELDDESERT SHIELD DESERT STORMDESERT STORM


Distinguish between Military Targets and CiviliansDistinguish between Military Targets and Civilians Avert attacks that have disproportionate impact on civilians Avert attacks that have disproportionate impact on civilians

including non-combatants held in Taliban prisonsincluding non-combatants held in Taliban prisons Provide effective warning to civilian population wherever possibleProvide effective warning to civilian population wherever possible Do not use weapons of indiscriminate effects in areas of civilian Do not use weapons of indiscriminate effects in areas of civilian

populationpopulation Ensures weapons of inadequate targeting capability not be Ensures weapons of inadequate targeting capability not be

employed in areas of civilian populationemployed in areas of civilian population Ensure operating altitude restrictions imposed on aircraft not Ensure operating altitude restrictions imposed on aircraft not

effect adequate ID of targets – in order to avoid civilian collateral effect adequate ID of targets – in order to avoid civilian collateral damagedamage


Rules of Engagement in the U.S.Rules of Engagement in the U.S. NORAD authority to approve downing of NORAD authority to approve downing of

hijacked airliners in continental U.S.hijacked airliners in continental U.S.

Provide Combatant Commanders Provide Combatant Commanders (Geographic CINCs) authority to shoot (Geographic CINCs) authority to shoot down civilian aircraftdown civilian aircraft


Code of ConductCode of Conduct(Historical)(Historical)

Law of the HagueLaw of the Hague Bound to Give Only Name, RankBound to Give Only Name, Rank

Geneva AccordsGeneva Accords Name, Rank, Date of Birth, Service NumberName, Rank, Date of Birth, Service Number

Korean WarKorean War ““Brainwashing” (Indoctrination)Brainwashing” (Indoctrination) Anti-government StatementsAnti-government Statements Significant Number of POWs Refused RepatriationSignificant Number of POWs Refused Repatriation


Korean Conflict: POW StatisticsKorean Conflict: POW Statistics(Kinkead, Eugene. (Kinkead, Eugene. In Every War But OneIn Every War But One. Norton, 1959). Norton, 1959)

7190 Total Prisoners Taken7190 Total Prisoners Taken 92% in the First Year of the War 92% in the First Year of the War

2634 Died 2634 Died 38% - largest percentage since the Revolution38% - largest percentage since the Revolution

Most (99.6%) Died in the First Year of the WarMost (99.6%) Died in the First Year of the War

4435 Americans Released4435 Americans Released 31 Navy, 196 Marine, 235 Air Force31 Navy, 196 Marine, 235 Air Force

3973 Army3973 Army


Korean Conflict: Korean Conflict: ArmyArmy POW Statistics POW Statistics(Kinkead, Eugene. (Kinkead, Eugene. In Every War But OneIn Every War But One. Norton, 1959). Norton, 1959)

30% of All Prisoners Behaved Inappropriately30% of All Prisoners Behaved Inappropriately General CollaborationGeneral Collaboration Criminal Acts Against Fellow PrisonersCriminal Acts Against Fellow Prisoners Failure to Lead ProperlyFailure to Lead Properly

425 Seriously Collaborated (13%)425 Seriously Collaborated (13%) 82 Cases Approved for Court-martial82 Cases Approved for Court-martial 47 Cases Passed a Four Tier Review Board47 Cases Passed a Four Tier Review Board 12 Collaborators Tried (Plus 2) - Guilty12 Collaborators Tried (Plus 2) - Guilty 21 Collaborators Remained Behind21 Collaborators Remained Behind


Korean Conflict:Korean Conflict:POW Study FindingsPOW Study Findings

Loss of Organizational StructureLoss of Organizational Structure ““Every Man For Himself”Every Man For Himself”

Breakdown of DisciplineBreakdown of Discipline Unrealistic Expectations of CaptivityUnrealistic Expectations of Captivity

Food Aversion, Sanitation, Basic First AidFood Aversion, Sanitation, Basic First Aid Loss of HopeLoss of Hope

Loss of Activity, Loss of InterestLoss of Activity, Loss of Interest Some Units Faired Better Than OthersSome Units Faired Better Than Others

Turks, MarinesTurks, Marines


Code of ConductCode of Conduct(Historical)(Historical)

Executive Order Issued the Code in 1955Executive Order Issued the Code in 1955 Vietnam ConflictVietnam Conflict

Added Torture to Emotional DistressAdded Torture to Emotional Distress Minimal DefectionsMinimal Defections DOD Review Changed Article V:DOD Review Changed Article V:

Deleted the Word “Only”Deleted the Word “Only” Changed “Bound” to “Required”Changed “Bound” to “Required”

Not an ORDER, but a GuidelineNot an ORDER, but a Guideline


Code of Conduct Code of Conduct

ARTICLE I:ARTICLE I: I am an American, fighting in the forces which I am an American, fighting in the forces which

guard my country and our way of life. I am guard my country and our way of life. I am prepared to give my life in their defense. prepared to give my life in their defense.

ARTICLE II:ARTICLE II: I will never surrender of my own free will. If in I will never surrender of my own free will. If in

command, I will never surrender the members of command, I will never surrender the members of my command while they still have the means to my command while they still have the means to resist. resist.


Code of ConductCode of Conduct ARTICLE III:ARTICLE III:

If I am captured I will If I am captured I will continue to resist by continue to resist by all means available. I all means available. I will make every effort will make every effort to escape and to aid to escape and to aid others to escape. I will others to escape. I will accept neither parole accept neither parole nor special favors nor special favors from the enemy. from the enemy.


Code of Code of ConductConduct

ARTICLE IV:ARTICLE IV: If I become a prisoner of If I become a prisoner of

war, I will keep faith with war, I will keep faith with my fellow prisoners. I will my fellow prisoners. I will give no information nor take give no information nor take part in any action which part in any action which might be harmful to my might be harmful to my comrades. If I am senior, I comrades. If I am senior, I will take command. If not, I will take command. If not, I will obey the lawful orders of will obey the lawful orders of those appointed over me and those appointed over me and will back them in every way. will back them in every way.


Code of Code of ConductConduct

ARTICLE V:ARTICLE V: When questioned, should I When questioned, should I

become a prisoner of war, become a prisoner of war, I am I am requiredrequired (bound) to (bound) to give (only) name, rank, give (only) name, rank, service number, and date service number, and date of birth. I will evade of birth. I will evade answering further answering further questions to the utmost of questions to the utmost of my ability. I will make no my ability. I will make no oral or written statements oral or written statements disloyal to my country or disloyal to my country or its allies or harmful to its allies or harmful to their cause. their cause.


Code of ConductCode of Conduct

ARTICLE VI:ARTICLE VI: I will never forget that I am I will never forget that I am

an American, fighting for an American, fighting for freedom, responsible for freedom, responsible for my actions, and dedicated my actions, and dedicated to the principles which to the principles which made my country free. I made my country free. I will trust in my God and in will trust in my God and in the United States of the United States of America.America.


Code of ConductCode of ConductPossible UCMJ ViolationsPossible UCMJ Violations

Article 99 Article 99 Misbehavior Before the EnemyMisbehavior Before the Enemy Article 100 Article 100 Subordinate Compelling Subordinate Compelling

SurrenderSurrender Article 104 Article 104 Aiding the EnemyAiding the Enemy Article 105 Article 105 Misconduct as a PrisonerMisconduct as a Prisoner Article 106 Article 106 SpiesSpies Article 106A Article 106A EspionageEspionage Article 134 Article 134 Disloyal StatementsDisloyal Statements


Questions ???Questions ???

NROTC Unit, Tulane University5/12/20151 Naval Science 402 Leadership and Ethics Lesson 11 Conduct of War Law of Armed Conflict ROE/Code of Conduct.

Documents

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