Professional Documents
Culture Documents
Nations vs NATO
What is the source of NATOs power/authority?
NATIONS
SOVEREIGNTY PARLIAMENT/CONGRESS MILITARY FORCES ENACT LAWS ENFORCE LAWS PUNISH VIOLATIONS
NATO
NO SOVEREIGNTY NO PARLIAMENT/CONGRESS NO MILITARY FORCES NO AUTHORITY TO ENACT LAWS NO LAW ENFORCEMENT NO PUNISHMENT ABILITY
Legal Responsibilities International military operations effectively impose legal obligations upon three different levels of a military organization
State Responsibility duty to implement, observe, and enforce LOAC & comply with international mandate (UN, NATO or both) Command Responsibility duty to maintain force discipline to preclude/stop LOAC violations and comply with national mandate Individual Responsibility duty to comply with LOAC and national mandate (ROEs)
State Responsibility
Mandate/LOAC noncompliance has negative consequences
- Loss of legitimacy - Political liability - Diplomatic isolation - Compensation claims - Coercive sanctions - Reprisals
- Art 1, Hague IV (1907) requires States to instruct their forces to act in compliance with the Hague Regulations - Geneva Conventions (1949) require States to enact legislation to punish certain offenses and also search for alleged offenders to then prosecute or extradite for prosecution elsewhere
Command Responsibility
Own or subordinates noncompliance with LOAC can result in personal prosecution for war crimes Commander is fundamentally responsible for military discipline which insures compliance with LOAC and national mandate
Traditionally, command responsibility was only applicable to international armed conflict, but ICTY & ICTR applied concept to internal conflicts
Commanders meet obligation through ROE, statement of intent, concept of operations, special instructions
Individual Responsibility Noncompliance with LOAC can result in prosecution for war crimes Noncompliance with the national mandate (expressed in ROE) can result in prosecution for military offenses Individual actions can constitute a violation of State responsibility with significant negative consequences (strategic corporal)
Practical Definition ROEs are a States guidance to its military forces detailing when, where, how, and why the forces accomplish a mission & against whom force may be used In essence, ROE answer these questions:
What action is permitted? When is action permitted? Where is action permitted? How must permitted action be accomplished? Against whom is permitted action authorized?
So Theres No Confusion . . .
ROE LOAC
What is the source of LOAC? International law What is the source of ROE? National Command Authorities & subordinate Commanders How do the different sources impact you?
Law vs ROE
Limits of Law
Law vs ROE
Limits of Law
ROE
Law vs ROE
Limits of Law
ROE
Law vs ROE
Limits of Law
ROE
Sources of ROE
Operational Factors
ROE Policy
Law
Your Domestic Law Armed forces of troop contributing nations participating in NATO/NATO-led operations must adhere to their own national laws Nations issue restrictions/caveats or amplifying instructions to ensure compliance with domestic law Commanders must be aware of & comply with national restrictions
NATO vs National Rules What are common topics of difference? Rules Regarding Detention Rules Regarding Use Of Force Counter-narcotics Ops Civilian Casualties Investigations Claims And Compensation
National Caveat Examples No Operations In/Outside XYZ No Operations Supporting OEF No Lethal Use Of Force For XYZ CAS Operations - Weapons Release Only if JTACs State Ratified Additional Protocol 1 Caveats Good Or Bad?
Use of Force
Use of Force
ON (War)
OFF (Peace)
Use of Force
War:
You are legally authorized to kill enemy soldiers
Peace:
Generally speaking, you are not permitted to kill enemy soldiers Rules of Engagement authorize limited use of force
ON (War)
Peace Enforcement
Peace Keeping
(Peace)
or
In self-defense including extended selfdefense You do not need ROE for self-defense!
Self-Defense in NATO What constitutes self-defense in NATO? MC 362/1: Self defense is the use of such necessary and proportional force, including deadly force, by NATO/NATO-led forces and personnel to defend themselves against attack or imminent attack
Self-Defense in NATO Some nations: very narrow (hostile act) Some nations: very broad (hostile intent)
Nota Bene: You should know the self-defense rules for your nation . . . and every other nation you work with
DEFENSIVE
OFFENSIVE
HOSTILE ACT
HOSTILE INTENT
SELF DEFENSE
ROE 422
ROE 421
ROE 429
Scenarios
A group of INS fire RPG and AK47 at your dismounted ISAF patrol and use radio controlled IEDs against ISAF vehicles.
Scenarios
A group of INS hide behind a dirt wall waiting for ISAF forces to come into range. A trigger man waits for an ISAF vehicle to pass over a buried radio controlled IED. As soon as ISAF forces are close, INS direct their weapons and are just about to open fire.
Scenarios
A group of INS place an IED on the side of a road frequently used by ISAF troops. The INS goal is to kill or injure ISAF soldiers in the next patrol and destroy an ISAF vehicle.
Scenarios
An INS has built an IED and is transporting it on his donkey to a spot on the road frequently used by ISAF troops. His plan is to emplace the IED and kill or injure ISAF soldiers on the next patrol and destroy an ISAF vehicle.
Scenarios
Under the command of a senior INS leader a group of INS attacked an ISAF patrol with RPG and AK47. After the ambush, they retreat and escape on motorcycles.
Operational/Theatre level:
Plan in accordance with LOAC & ROE and issue precise orders to ensure implementation
Tactical level:
Issue orders and control subordinates to preclude LOAC & ROE violations and immediately stop any known violations
Rubber Bullets Warning Shots Pepper Spray Agencies, e. g. tear gas Shock grenade CRC & dogs - high level CRC - low level Obstacles Activation restricted area Warning Information
THREAT
Questions?
bengs.brian@natoschool.nato.int +49(0)8822-9481-1003