Naval Science 402Leadership and Ethics Lesson 11 Conduct of War Law of Armed Conflict ROE/Code of Conduct
Objectives • 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.
Objectives • 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
Objectives • 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.
Standing ROE • 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”
Rules of Engagement • 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
Elements of Self Defense • Necessity … • Hostile Act (Attack) Occurs or Hostile Intent (Imminent Attack) Is Demonstrated • Proportionality ... • Force Employed Must Be Reasonable in Intensity, Duration, and Magnitude … to Decisively Counter … and Ensure Safety...
Mission Specific ROE • CINCs May Produce Additional STANDING ROE As Appropriate for Conditions in Their AOR • Combatant Commanders May Issue Additional ROE for a Specific Operation. • Examples: • DESERT SHIELD • DESERT STORM
Admiral Howell’s Guidance • Distinguish between Military Targets and Civilians • Avert attacks that have disproportionate impact on civilians including non-combatants held in Taliban prisons • Provide effective warning to civilian population wherever possible • 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 • Ensure operating altitude restrictions imposed on aircraft not effect adequate ID of targets – in order to avoid civilian collateral damage
Additional CINC Guidance • 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
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
Code of Conduct(Historical) • Law of the Hague • Bound to Give Only Name, Rank • Geneva Accords • Name, Rank, Date of Birth, Service Number • Korean War • “Brainwashing” (Indoctrination) • Anti-government Statements • Significant Number of POWs Refused Repatriation
Korean Conflict: POW Statistics(Kinkead, Eugene. In Every War But One. Norton, 1959) • 7190 Total Prisoners Taken • 92% in the First Year of the War • 2634 Died • 38% - largest percentage since the Revolution • Most (99.6%) Died in the First Year of the War • 4435 Americans Released • 31 Navy, 196 Marine, 235 Air Force • 3973 Army
Korean Conflict: Army POW Statistics(Kinkead, Eugene. In Every War But One. Norton, 1959) • 30% of All Prisoners Behaved Inappropriately • General Collaboration • Criminal Acts Against Fellow Prisoners • Failure to Lead Properly • 425 Seriously Collaborated (13%) • 82 Cases Approved for Court-martial • 47 Cases Passed a Four Tier Review Board • 12 Collaborators Tried (Plus 2) - Guilty • 21 Collaborators Remained Behind
Korean Conflict:POW Study Findings • Loss of Organizational Structure • “Every Man For Himself” • Breakdown of Discipline • Unrealistic Expectations of Captivity • Food Aversion, Sanitation, Basic First Aid • Loss of Hope • Loss of Activity, Loss of Interest • Some Units Faired Better Than Others • Turks, Marines
Code of Conduct(Historical) • Executive Order Issued the Code in 1955 • 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
Code of Conduct • 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: • 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.
Code of Conduct • 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.
Code of Conduct • 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.
Code of Conduct • 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.
Code of Conduct • 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.
Code of ConductPossible UCMJ Violations • Article 99 Misbehavior Before the Enemy • Article 100 Subordinate Compelling Surrender • Article 104 Aiding the Enemy • Article 105 Misconduct as a Prisoner • Article 106 Spies • Article 106A Espionage • Article 134 Disloyal Statements