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Law of War/ROE
N/A
23
Other
Professional
04/13/2011

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Term
Define the Law of War
Definition
"that part of war that regulates the conduct of armed hostilities"
Term
Purpose of Law of War
Definition
Prevent unnecessary suffering, safeguard certain fundamental human rights of those involved in a conflict and ultimately restore peace
Term
Principles of the Law of War
Definition
Military Necessity, Proportionality, Unnecessary Suffering, Distinction
Term
Define Military Necessity
Definition
justifies the employment of violence to obtain the submission of the enemy or to reach that certain military objective
Term
Define Proportionality
Definition
states the nature, duration, and scope of the engagement must not exceed that which is required to decisively counter teh hostile act or the demonstrated hostile intent
Term
Define Unnecessary Suffering
Definition
Forbidden to employ arms, projectiles, or material calculated. Minimize suffering to the enemy, civilians and noncombatants
Term
Define Distinction
Definition
requires that combatants be distinguished from noncombatants and that military objectives be distinguished from protective places
Term
What are combatants
Definition
those who are lawfully entitled to engage in hostilities i.e. armed forces mbrs, regular militia, guerrilla units
Term
What are noncombatants
Definition
accompany combatants but do not perform in that capacity i.e. correspondents, technical personnel, contractors, medical personnel, chaplains
Term
What are Spies
Definition
those who act under false pretenses in order to obtain information and communicate that info back to a hostile or potentially hostile party
Term
What are terrorists, insurgents, saboteurs, partisans
Definition
They are not protected by the Law of War except when they wear a distinguishable or distinct uniform, openly carry arms, act under a distinguishable leader which they themselves operate under the law of war
Term
How do we handle detainees?
Definition
search, silence, safeguard, segregate, speed, tag
Term
What are the protected places in the battlefield? What is the exception to the rule?
Definition
buildings or structures that are not considered valid military targets i.e. hospitals, churhces, and mosques. Once en forces utilize these structures to stage attacks, they become valid military targets
Term
What are the different tactics used in law of war?
Definition
ruses, treachery, assassination, reprisal
Term
What functions do rules of engagement perform
Definition
Provide guidance from the President and SecDef to deployed units on the use of force for mission accomplishment, act as a control mechanism for transition from peacetime to combat operations (war), provides a mechanism to facilitate training and planning. Provides framework that encompasses national policy goals, mission requirements and the rule of law
Term
Define Rules of Engagement
Definition
the way we can engage the enemy
Term
Purpose of Rules of Engagement
Definition
Ensures national policy and obj are reflected in the action of commanders in the field esp when comm with higheris not possible, provides parameters w/i which the commander must operate IOT accomplish its assigned mission, provides restraints on cmdr's actions consistent w/ both domestic and international law, may impose greater restrictions on action than those required by law
Term
What are the levels of self defense
Definition
National Self Defense, Collective Self Defense, Unit and Individual Self Defense
Term
What are the principles of self defense
Definition
Necessity, deescalate, proportionality
Term
What is the purpose of ROE?
Definition

provide parameters within which the cmdr must operate IOT accomplish its assigned mission:

  • provide a ceiling on ops and ensure the US actions do not trigger an undesired response or escalation
  • may regulate a cmdr's means and method of warfare by granting or withholding the authority to use certain weapons, weapon systems or tactics
  • may also reemphasize the scope of the mission
Term
Who is responsible for developing and issuing ROE?
Definition
Cmdrs have the obligation to ensure that the individuals within the unit understand when and how they may use force in self-defense
Term
What are the 9 principles of LoAC?
Definition

Marines fight only Military combatants

Marines do not harm enemies who surrender

Marines do not torture or harm EPWs or Detainees

Marines collect and care for the wounded, whether friend or foe (mission permitting)

Marines do not attack medical personnel, facilities, equipment or Chaplains (unless they forfeit their protected status).

Marines destroy no more than the mission requires

Marines treat all civilians humanely

Marines do not steal; they respect private property and possessions

Marines do their best to prevent violations of LoAC/LOW

Term
Who approves ROE for US forces?
Definition
Sec Def
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