TERMINAL LEARNING
OBJECTIVE
1. Given a
description or list identify the terms associated with ethical conduct on the
battlefield, per the Law of War, Rules of Engagement, and Escalation of Force
Guide.
2. Given a
classroom environment, discuss potential scenarios involving ethical decisions
on the battlefield in accordance with the Law of War, Rules of Engagement, and
Escalation of Force Guide.
ENABLING LEARNING OBJECTIVE
1. Without the
aid of references, given a description or list, identify the combatant status
of individuals, per the Geneva Convention (FMST-HSS-1304a)
2. Without the
aid of references, given a description or list, identify the basic concepts
of the Law of Armed Conflict, per the student handout. (FMST-HSS-1304b)
3.
Without the aid of
references, given a description or list, identify
the characteristics of Rules of Engagement,
per the student handout. (FMST-HSS-1304c)
1.
OVERVIEW
“The idea is to
end the day with fewer enemies than when it started.”
- General
David Patraeus, United States Army
The quote above can mean many
things. Although in many instances it means we must take the fight to the enemy
in order to break their will to fight, it also has another, deeper meaning. The
modern battlefield is populated by many groups of individuals and frequently
involves operations in towns and villages. The support of the local populace is
critical when battling an insurgency. Actions taken to kill a small group of
individuals could inflame the passions of other groups in the area that
beforehand were not openly hostile. The Geneva Conventions help us to determine
an individual’s status on the battlefield. The Law of War and Rules of
Engagement provide guidelines for our actions.
 |
|
Marines
escort two residents of a small town in the Western Anbar
province of
Iraq in early 2008. The
residents unlocked doors for the Marines to search through buildings for any
evidence of insurgent activity. Civilian cooperation has lead to a much
safer Anbar province due to the ability to efficiently gather intelligence. |
2. THE GENEVA CONVENTIONS
The Geneva Conventions were established to curtail the
atrocities of war as much as possible. Among the many provisions in these
conventions were the definitions of the various types of combatants. The three
types of combatant are listed below:
Lawful Combatant
Lawful combatants are authorized by a government to engage in
hostilities. As such, they wear uniforms and carry their arms openly. These
units have fixed recognizable emblems and have a set chain of command. When the
United States first entered Iraq, the Iraqi Republican Guard met the definition
of Lawful Combatant.
Non-Combatant
Individuals not involved in
hostilities are considered non-combatants. Operations in urban terrain are
frequently conducted in areas that have many such individuals. Stabilization
operations can also affect many non-combatants.
Personnel formally in the status
of lawful combatant become non-combatants once they are injured to the point
they can no longer engage in hostilities. Prisoners of War are also considered
non-combatants. Medical personnel and Chaplains are afforded non-combatant
status under the Geneva Conventions as well.
Unlawful Combatants
Today’s battlefield involves many
individuals who engage in hostilities without meeting the requirements of lawful
combatants mentioned above. Unlawful combatants are commonly referred to as
“insurgents”. Although they have no chain of command or recognized emblems,
they become lawful targets once they engage in hostile actions. One of the most
difficult aspects of Counter Insurgency Operations is the ambiguous nature of
the enemy due to unlawful combatants “hiding” amongst innocent civilians.
3. LAW OF ARMED CONFLICT
Introduction
The Law
of Armed Conflict, (LOAC), also called the Law of War, is designed to prevent
unnecessary suffering of civilians and to minimize damage to infrastructure such
as electrical power, water, and buildings during a conflict. LOAC requires the
United States (and other countries) to conduct operations in a disciplined
manner consistent with our national values. LOAC has four fundamental
principles.
Military Necessity
LOAC
requires that any target destruction must be necessary to accomplish the
mission. Destroying a bridge to disrupt military supply routes is acceptable,
but an order to destroy all bridges throughout the theater of operations is not.
Distinction
This
requires all attacks to be directed ONLY at combatants and military objectives.
Shooting into a crowd of civilians to kill a single insurgent or destroying an
entire village to destroy a single insurgent would violate this principle.
Proportionality
This
principle should be employed whenever an attack has the possibility of affecting
civilian populations or infrastructure. This calls for using only the amount of
force necessary to destroy the target. Proportionality does not require
the use of a similar amount of force in responding to an attack from the enemy.
Unnecessary Suffering
LOAC
prohibits the use of otherwise lawful arms in a manner that causes unnecessary
suffering and prohibits the engineering of arms to cause unnecessary suffering.
 |
|
A
Navy Hospital Corpsman treats a wounded Afghan in a
Helmand Province village in
February, 2008. |
Treatment of wounded
Sailors and Marines have a duty to
collect and care for the wounded. Prioritize treatment according to
injuries. Make NO treatment distinction based on nationality. All
soldiers, enemy or friendly, must be treated the same.
4.
RULES OF ENGAGEMENT
(ROE)
ROE is a set of directives issued by competent military
authority to delineate circumstances and limitations under which naval, air, and
ground forces will initiate and/or continue combat engagement with other forces
encountered. ROE can change based upon the theater or the mission. Before
every operation each unit is briefed on the ROE. When discussing ROE the
following terms are useful:
Positive Identification (PID) - The reasonable certainty that the object of
attack is a legitimate military target. NOTE: Reasonable certainty means far
more than “maybe” or “might be” and is greater than “probably.” “Very Likely”
or “Highly Probable” better describes the term “reasonable certainty.”
Identifying someone as a military aged male (MAM) is not PID and this term
should NOT be used.
Hostile Act (HA)
- An attack against coalition forces or property.
Hostile Intent (HI) - The threat of imminent use of force. Imminent is
based on an assessment of all the facts known at the time and may be made at any
level including the Marine or Sailor. Imminent does not necessarily mean
immediate or instantaneous. It does require the individual to honestly believe
that a HA will occur unless he or she intervenes.
5.
SITUATIONS TO PONDER
Goat
Thieves
Question: Your
squad is on a joint dismounted patrol (US and Iraqi forces together, walking
around). You approach a house with many goats in the yard. Members of the
Iraqi Army (IA) throw ropes around the necks of the goats and begin to walk off
with them. The owner of the house begins protesting asking the Marines to stop
them from taking his goats. The IA’s tell him to shut up and tells you that the
man is probably an insurgent anyway. They also tell you (and you know this to
be true) that they (the IA’s) have not been paid or had food delivered in
several weeks. What do you do?
Answer:
You must act in accordance with the LOAC and take all reasonable measures to
ensure the IA’s do as well. Have the animals returned to the owner and report
the incident to your chain of command.
Released Detainee
Question: During a
dismounted patrol your squad is engaged with small arms fire from the rooftop of
a house. After the ensuing firefight you clear the house and find bodies of
several enemy killed in action (KIA) and one enemy who is slightly wounded (the
injury is not life threatening). As you are taking him into custody, you
recognize him as a detainee you had captured a month previously for being an IED
triggerman in an attack that killed two of your Marines. The squad leader
recognizes him as well as says the right thing to do is finish him off since he
will just be released again to kill more Marines. What do you do?
Answer:
You must treat this detainee in accordance with the LOAC, thus, you can not kill
a detainee. As frustrating as it is, process him in accordance with the rules
and regulations and take him back to the detention facility. He must also be
provided appropriate medical treatment.
REFERENCES
