NROTC Unit, Tulane University6/9/20151 Naval Science 402 Leadership and Ethics Lesson 11 Conduct of War Law of Armed Conflict ROE/Code of Conduct

NROTC Unit, Tulane University6/9/20152

NROTC Unit, Tulane University6/9/20153 Objectives Complete Conduct of War Joint Targeting Simulation Complete Conduct of War Joint Targeting Simulation  Understand Rules of Engagement and their Impact  Understand the necessity for a strong Ethical foundation during Armed Conflict  Comprehend the IMPACT for compliance with International Agreements Relating to Armed Conflict.

NROTC Unit, Tulane University6/9/20154 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 University6/9/20155 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 University6/9/20156 CINC Targeting Priorities JFLCC Priorities 2 nd Army and Militia at Kandahar Central Army HQ, Kabul Naval Priorities Eliminate Mine Threat in Naval AO and future Mining Capability Neutralize Threat to Naval Landing Force JFACC Priorities Eliminate Taliban and Al Queda WMD capability JSOC Priorities Target Troops en masse along the Pakistani Border to prevent Counter- attack withdrawal of leadership

NROTC Unit, Tulane University6/9/20157 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 University6/9/20158 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 University6/9/20159 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 University6/9/ 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 University6/9/ Admiral Howell’s Guidance 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 University6/9/ Additional CINC Guidance Amnesty International requested President Bush tighten Rules of Engagement Amnesty International requested President Bush tighten Rules of Engagement  We will comply in relation to the value of the target  WMD/Military Threat to Forces in Country

NROTC Unit, Tulane University6/9/ Ability to Make War with their Weapons of Mass Destruction

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NROTC Unit, Tulane University6/9/ Eliminate threat to friendly forces near Kandahar

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NROTC Unit, Tulane University6/9/ Troops en masse along Pakistani Border

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NROTC Unit, Tulane University6/9/ Eliminate Military Command near Kabul for offensive operations

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NROTC Unit, Tulane University6/9/ Eliminate Mine Threat Eliminate threat to Naval Landing Forces

NROTC Unit, Tulane University6/9/ 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 Effects of War Effects of War

NROTC Unit, Tulane University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ 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 University6/9/ Questions ???