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 University5/12/20152 Objectives Complete Conduct of War Joint Targeting Simulation Complete Conduct of War Joint Targeting Simulation Know and be able to apply the Laws of Armed Conflict. Know and be able to apply the Laws of Armed Conflict. Understand Rules of Engagement and their Impact Understand Rules of Engagement and their Impact Understand the necessity for a strong Ethical foundation during Armed Conflict Understand the necessity for a strong Ethical foundation during Armed Conflict Comprehend the IMPACT for compliance with International Agreements Relating to Armed Conflict. Comprehend the IMPACT for compliance with International Agreements Relating to Armed Conflict.

NROTC Unit, Tulane University5/12/20153 Objectives Know the Policy of the U.S. Government Regarding the Law of Armed Conflict Including: Know the Policy of the U.S. Government Regarding the Law of Armed Conflict Including:  The Responsibilities of Superior Officers With Regard to Violations of the Law of Armed Conflict  The Measures Taken to Redress Acts in Violation of the Law of Armed Conflict

NROTC Unit, Tulane University5/12/20154 Law of Armed Conflict The body of law which governs the conduct of states and individuals when they are engaged in an armed conflict. This includes the use of force, the protection of civilians, sick and wounded personnel, and PWs. The two terms "Law of Armed Conflict" and "Law of War" can be used interchangeably.

NROTC Unit, Tulane University5/12/20155 Why Have “Laws” to Govern Such a Messy Business Minimizing the Damage We Cause During a War Minimizing the Damage We Cause During a War Avoiding Unnecessary Suffering Avoiding Unnecessary Suffering Protecting Human Rights Protecting Human Rights Easing the Transition From War Back to Peace. Easing the Transition From War Back to Peace.

NROTC Unit, Tulane University5/12/20156 Law of Armed Conflict (Current Sources) UN Charter UN Charter  Article 2 - Peaceful Settlement of International Disputes Signers Agree to Avoid Resort to War Except Signers Agree to Avoid Resort to War Except  As a UN-Directed Action  Right of Individual or Collective Self- defense

NROTC Unit, Tulane University5/12/20157 Law of Armed Conflict (General Principles) Military Necessity/ Proportionality Military Necessity/ Proportionality  Take Actions Necessary to Achieve a Legitimate Military Objective  Use No Greater Force Than Is Needed to Obtain the Desired Military Objective. Humanity Humanity  Avoid Inflicting Unnecessary Suffering  Don't Hurt People or Destroy Their Property Just for the Sake of Wreaking Havoc Dishonorable Conduct Prohibited Dishonorable Conduct Prohibited

NROTC Unit, Tulane University5/12/20158 Customary International Law Customary International Law Treaties With The Hague (1907) Treaties With The Hague (1907) Geneva Conventions (4) of 12 Aug 1949 Geneva Conventions (4) of 12 Aug 1949  Wounded and Sick in the Field  Wounded, Sick, and Shipwrecked at Sea  POWs  Civilians Additional Protocols of 8 Jun 1977 Additional Protocols of 8 Jun 1977 Chemical Weapons Convention Chemical Weapons Convention Law of Armed Conflict (Current Sources)

NROTC Unit, Tulane University5/12/20159 Players and Observers Combatants Combatants  Armed Forces Non Combatants Non Combatants  Civilians, Journalists  Medical Personnel  Chaplains Prisoners of War Prisoners of War  Torture, Threats, Coercive Acts Prohibited  Cannot Be Killed Even to Preserve Guards  If Cannot Hold, Must Release Unharmed

NROTC Unit, Tulane University5/12/ Questions ???

NROTC Unit, Tulane University5/12/ Joint Targeting Board Conclusion

NROTC Unit, Tulane University5/12/ JFLCC Priorities 2 nd Army HQ Kandahar Enemy Units near Heart Central Army HQ, Kabul Enemy Bases Jalalbad Enemy Bases Mazar-E-Sharif Naval Priorities Eliminate Submarine Threat Eliminate Coastal Patrol Re-supply Clear Mine Threat in Naval AO Eliminate Immediate Mining Cap Neutralize Air Threat to Naval Force JFACC Priorities JSOC Priorities

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NROTC Unit, Tulane University5/12/ Joint Special Operations Command Joint Targeting Priorities

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NROTC Unit, Tulane University5/12/ Joint Forces Land Component Command Targeting Priorites

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NROTC Unit, Tulane University5/12/ Joint Forces Air Component Command Joint Air Targeting Priorities

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NROTC Unit, Tulane University5/12/ THE GULF OF IRAN DESTROY THREAT OF TOWEL HEAD CLASS SUBMARINES USED BY THE ENEMY, THROUGH THE FOLLOWING MEANS: DESTROY THREAT OF TOWEL HEAD CLASS SUBMARINES USED BY THE ENEMY, THROUGH THE FOLLOWING MEANS:  U.S SUMARINE PATROL  SONO-BOUYS FROM THE SH-60  SONAR SEARCH FROM CRUISER

NROTC Unit, Tulane University5/12/ THE GULF OF IRAN STOP AFGANSTAN COASTAL PATROL CRAFTS, WHO ARE TRANSPORTING GOODS DOWN THE COAST TO RE-SUPPLY AL QUEDA AND TALIBAN FORCES. STOP AFGANSTAN COASTAL PATROL CRAFTS, WHO ARE TRANSPORTING GOODS DOWN THE COAST TO RE-SUPPLY AL QUEDA AND TALIBAN FORCES.  U.S. FRIGATE BOARDING PARTIES  U.S. NAVY SEAL TEAMS

NROTC Unit, Tulane University5/12/ THE GULF OF IRAN CLEAR THE BATTLE GROUP OPERATING BOX OF MINE THREATS. CLEAR THE BATTLE GROUP OPERATING BOX OF MINE THREATS.  U.S. EXPLOSIVE ORDINACE DISPOSAL (EOD) TEAMS TO DEFUSE SHALLOW WATER MINES OFF THE COAST.  U.S. MINESWEEPERS TO CLEAR BATTLE GROUP AREA OF OPERATION, DEEP WATER.

NROTC Unit, Tulane University5/12/ HARBORS AND INLETS DEFUSE MINE THREAT IN COASTAL HARBORS. DEFUSE MINE THREAT IN COASTAL HARBORS.  U.S. EOD TO DEFUSE THE SHALLOW WATER MINES.  U.S. MINESWEEPERS TO SET OFF MINES THAT EOD CANNOT DEFUSE.

NROTC Unit, Tulane University5/12/ HARBORS AND INLETS ACUIRE HARBOR/INLET CITIES IN ORDER TO ESTABLISH DIFFERENT EVACUATION POINTS FOR GROUND FORCES. ACUIRE HARBOR/INLET CITIES IN ORDER TO ESTABLISH DIFFERENT EVACUATION POINTS FOR GROUND FORCES.  U.S. MARINE (MEU) TO DEVOLOP U.S STRONG HOLD IN THE CITIES.  LCATS  WEAPONS AND AMMUNITION  COASTAL BOMBARDMENT FROM DESTROYERS (5” GUNS)  E-2C FOR RADAR AND SAM DETECTION  VMFA AND VMAQ FOR DESTROYING RADAR AND SAM SITES  CLOSE ROTAR WING SUPPORT FROM MARINE AMPHIBS

NROTC Unit, Tulane University5/12/ AIR BASES, RADAR SITES, SAM SITES NEUTRALIZATION OF AIR, SURFACE, AND SUB-SURFACE TARGETS WHICH THREATEN CONTROL OF THE SEA. NEUTRALIZATION OF AIR, SURFACE, AND SUB-SURFACE TARGETS WHICH THREATEN CONTROL OF THE SEA.  U.S CARRIER AIR WING TO DETERMINE LOCATIONS OF COASTAL AIR BASES, RADER SITES, AND SAM SITES  E-2C FOR SITE LOCATION  F-14 FOR AIR TO AIR SUPPORT, ENEMY FIGHTER DETECTION AND DESTRUCTION  EA-6B FOR RADAR DISABLING  F/A-18 FOR GROUND TARGET DESTRUCTION  U.S. AIRWING WILL CONTINUE PROTECTION OF THE BATTLE GROUP.

NROTC Unit, Tulane University5/12/ AIR BASES, RADAR SITES, SAM SITES »READY 15 FOR ALL SQUADRONS »4 EVENTS EACH DAY  CRUISERS FOR SITE DESTRUCTION –AIR BASE DESTUCTION WITH TOMAHAWK CRUISE MISSLES –RADAR DESTRUCTION WITH TOMAHAWK CRUSE MISSLES –SAM SITE DESTRUCTION WITH TOMAHAWK CRUISE MISSLES

NROTC Unit, Tulane University5/12/ Objectives Understand the Relation of the Rules of Engagement (ROE) to the Law of Armed Conflict. Understand the Relation of the Rules of Engagement (ROE) to the Law of Armed Conflict. Comprehend the Major Principles of and Ideas Behind the Code of Conduct and Be Able to Apply Them to a Leader's Role in a Prisoner-of-War Situation. Comprehend the Major Principles of and Ideas Behind the Code of Conduct and Be Able to Apply Them to a Leader's Role in a Prisoner-of-War Situation.

NROTC Unit, Tulane University5/12/ Rules of Engagement Delineate the circumstances and limitations under which ground, naval, and air forces will initiate and/or continue combat with enemy forces Delineate the circumstances and limitations under which ground, naval, and air forces will initiate and/or continue combat with enemy forces Always consistent with the Law of Armed Conflict Always consistent with the Law of Armed Conflict

NROTC Unit, Tulane University5/12/ Standing ROE Concern... Concern...  Inherent Right and Obligation of Self-Defense  Guidance on the application of force for mission accomplishment “Use All Necessary Means Available … Take All Appropriate Action” “Use All Necessary Means Available … Take All Appropriate Action”

NROTC Unit, Tulane University5/12/ Elements of Self Defense Necessity … Necessity …  Hostile Act (Attack) Occurs or Hostile Intent (Imminent Attack) Is Demonstrated Proportionality... Proportionality...  Force Employed Must Be Reasonable in Intensity, Duration, and Magnitude … to Decisively Counter … and Ensure Safety...

NROTC Unit, Tulane University5/12/ Mission Specific ROE CINCs May Produce Additional STANDING ROE As Appropriate for Conditions in Their AOR CINCs May Produce Additional STANDING ROE As Appropriate for Conditions in Their AOR Combatant Commanders May Issue Additional ROE for a Specific Operation. Combatant Commanders May Issue Additional ROE for a Specific Operation. Examples: Examples:  DESERT SHIELD  DESERT STORM

NROTC Unit, Tulane University5/12/ Distinguish between Military Targets and Civilians Distinguish between Military Targets and Civilians Avert attacks that have disproportionate impact on civilians including non-combatants held in Taliban prisons Avert attacks that have disproportionate impact on civilians including non-combatants held in Taliban prisons Provide effective warning to civilian population wherever possible Provide effective warning to civilian population wherever possible Do not use weapons of indiscriminate effects in areas of civilian population Do not use weapons of indiscriminate effects in areas of civilian population Ensures weapons of inadequate targeting capability not be employed in areas of civilian population Ensures weapons of inadequate targeting capability not be employed in areas of civilian population Ensure operating altitude restrictions imposed on aircraft not effect adequate ID of targets – in order to avoid civilian collateral damage Ensure operating altitude restrictions imposed on aircraft not effect adequate ID of targets – in order to avoid civilian collateral damage

NROTC Unit, Tulane University5/12/ Rules of Engagement in the U.S. Rules of Engagement in the U.S.  NORAD authority to approve downing of hijacked airliners in continental U.S.  Provide Combatant Commanders (Geographic CINCs) authority to shoot down civilian aircraft

NROTC Unit, Tulane University5/12/ Code of Conduct (Historical) Law of the Hague Law of the Hague  Bound to Give Only Name, Rank Geneva Accords Geneva Accords  Name, Rank, Date of Birth, Service Number Korean War Korean War  “Brainwashing” (Indoctrination)  Anti-government Statements  Significant Number of POWs Refused Repatriation

NROTC Unit, Tulane University5/12/ Korean Conflict: POW Statistics (Kinkead, Eugene. In Every War But One. Norton, 1959) 7190 Total Prisoners Taken 7190 Total Prisoners Taken  92% in the First Year of the War 2634 Died 2634 Died  38% - largest percentage since the Revolution  Most (99.6%) Died in the First Year of the War 4435 Americans Released 4435 Americans Released  31 Navy, 196 Marine, 235 Air Force  3973 Army

NROTC Unit, Tulane University5/12/ Korean Conflict: Army POW Statistics (Kinkead, Eugene. In Every War But One. Norton, 1959) 30% of All Prisoners Behaved Inappropriately 30% of All Prisoners Behaved Inappropriately  General Collaboration  Criminal Acts Against Fellow Prisoners  Failure to Lead Properly 425 Seriously Collaborated (13%) 425 Seriously Collaborated (13%) 82 Cases Approved for Court-martial 82 Cases Approved for Court-martial 47 Cases Passed a Four Tier Review Board 47 Cases Passed a Four Tier Review Board 12 Collaborators Tried (Plus 2) - Guilty 12 Collaborators Tried (Plus 2) - Guilty 21 Collaborators Remained Behind 21 Collaborators Remained Behind

NROTC Unit, Tulane University5/12/ Korean Conflict: POW Study Findings Loss of Organizational Structure Loss of Organizational Structure  “Every Man For Himself” Breakdown of Discipline Breakdown of Discipline Unrealistic Expectations of Captivity Unrealistic Expectations of Captivity  Food Aversion, Sanitation, Basic First Aid Loss of Hope Loss of Hope  Loss of Activity, Loss of Interest Some Units Faired Better Than Others Some Units Faired Better Than Others  Turks, Marines

NROTC Unit, Tulane University5/12/ Code of Conduct (Historical) Executive Order Issued the Code in 1955 Executive Order Issued the Code in 1955 Vietnam Conflict Vietnam Conflict  Added Torture to Emotional Distress  Minimal Defections  DOD Review Changed Article V:  Deleted the Word “Only”  Changed “Bound” to “Required” Not an ORDER, but a Guideline Not an ORDER, but a Guideline

NROTC Unit, Tulane University5/12/ Code of Conduct ARTICLE I: ARTICLE I:  I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense. ARTICLE II: ARTICLE II:  I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.

NROTC Unit, Tulane University5/12/ Code of Conduct ARTICLE III: ARTICLE III:  If I am captured I will continue to resist by all means available. I will make every effort to escape and to aid others to escape. I will accept neither parole nor special favors from the enemy.

NROTC Unit, Tulane University5/12/ Code of Conduct ARTICLE IV: ARTICLE IV:  If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information nor take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them in every way.

NROTC Unit, Tulane University5/12/ Code of Conduct ARTICLE V: ARTICLE V:  When questioned, should I become a prisoner of war, I am required (bound) to give (only) name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country or its allies or harmful to their cause.

NROTC Unit, Tulane University5/12/ Code of Conduct ARTICLE VI: ARTICLE VI:  I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

NROTC Unit, Tulane University5/12/ Code of Conduct Possible UCMJ Violations Article 99 Misbehavior Before the Enemy Article 99 Misbehavior Before the Enemy Article 100 Subordinate Compelling Article 100 Subordinate Compelling Surrender Surrender Article 104 Aiding the Enemy Article 104 Aiding the Enemy Article 105 Misconduct as a Prisoner Article 105 Misconduct as a Prisoner Article 106 Spies Article 106 Spies Article 106A Espionage Article 106A Espionage Article 134 Disloyal Statements Article 134 Disloyal Statements

NROTC Unit, Tulane University5/12/ Questions ???