Military-justice-and-you

MILITARY JUSTICE AND YOU

WHY DO WE HAVE A SEPARATE MILITARY JUSTICE SYSTEM? • PROMOTE JUSTICE • HELP MAINTAIN GOOD ORDER AND DISCIPLINE IN THE ARMED FORCES • PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE MILITARY • STRENGTHEN NATIONAL SECURITY

COMPARISON OF MILITARY AND CIVILIAN JUSTICE SYSTEMS • ARTICLE 32 HEARING v.s. GRAND JURY • RIGHT TO COUNSEL • JURY SYSTEM • GUILTY PLEAS

LEGAL SOURCES OF MILITARY JUSTICE • • • • •

US Constitution Uniform Code of Military Justice Manual for Courts-Martial, U.S., 1984 Local Regulations Court Decisions

KEY PERSONNEL IN THE MILITARY JUSTICE SYSTEM • COMMANDER • • • • •

Staff Judge Advocate Trial Counsel Defense Counsel Military Judge Legal Specialist/ Court Reporter

UCMJ JURISDICTION •

OVER THE PERSON: – ACTIVE DUTY SOLDIERS & RESERVISTS WHILE ON AD – MILITARY ACADEMY CADETS AND MIDSHIPMAN – NATIONAL GUARD PERSONNEL IN FEDERAL SERVICE UNDER TITLE 10, U.S.C. – ENEMY PRISONERS OF WAR – OTHERS

•

OVER THE OFFENSE: – WORLDWIDE JURISDICTION – POSSIBLE CONCURRENT JURISDICTION

CRIMES UNDER THE UCMJ • COMMON LAW CRIMES

• MILITARY CRIMES

Preliminary Investigation:

•When are Rights Warnings Required? –Before any official questioning of an accused or suspect

WHAT IS THE SOURCE AND CONTENT OF THE WARNINGS? • Article 31, UCMJ, component – Nature of the suspected offense – The Right to remain silent – Any statement made can be used at trial

• 5th Amendment/Miranda Component – Right to consult an attorney prior to questioning and have an attorney present during questioning

• 6th Amendment Component – Right to representation at all critical stages

HOW TO CONDUCT A GOOD INTERVIEW •

DEVELOP A LIST OF QUESTIONS BEFORE STARTING THE INTERVIEW USING THE ELEMENTS OF THE OFFENSE(S) IN PART IV OF THE MCM.

•

HAVE A THIRD PARTY SIT IN ON THE INTERVIEW IF POSSIBLE. THE OBSERVER TAKES NOTES. YOU ASK OPEN-ENDED QUESTIONS AND LISTEN.

HOW TO CONDUCT A GOOD INTERVIEW (cont.) •

WRITTEN RIGHTS WAIVER CERTIFICATES AND SWORN STATEMENTS ARE GREAT, BUT NOT REQUIRED. DO THE BEST WITH WHAT YOU HAVE.

•

CONDUCT THE INTERVIEW IN A PLEASANT SETTING WITH AMPLE BREAKS TO AVOID A DUE PROCESS (COERCION) CHALLENGE.

SEARCH AND SEIZURE

MESS IT UP AND GET YOUR NAME MEMORIALIZED IN AN APPELLATE COURT OPINION!

SEARCH AND SEIZURE • 4TH AMENDMENT • “The right of the people to be secure... against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue but upon probable cause...”

SEARCHES NOT REQUIRING AUTHORIZATION • Consent Search – Voluntary consent (shown by clear & convincing evidence) – May be partial/limited – Good insurance, always ask for it

SEARCHES NOT REQUIRING AUTHORIZATION (cont.) • Investigative Detention/Frisks – IF DETAINING OR FRISKING, YOU GET TO SEARCH THE PERSON AND THE IMMEDIATE AREA SUBJECT TO HIS CONTROL

SEARCHES NOT REQUIRING AUTHORIZATION (cont.) • Exigent Circumstances – If delay threatens removal, destruction, or concealment of evidence

ADMINISTRATIVE INSPECTIONS • COMMANDERS HAVE THE RIGHT AND DUTY TO INSPECT TROOPS AND EQUIPMENT • PRIMARY PURPOSE: TO ENSURE SECURITY, FITNESS (e.g.. HEALTH, SAFETY), OR GOOD ORDER AND DISCIPLINE NOT EVIDENCE OF A CRIME

HANDLING EVIDENCE • PRESERVE CONDITION OF EVIDENCE

• PRESERVE CHAIN OF CUSTODY

Then What?

Offenses Should Be Disposed of in a Timely Manner, at the Lowest Appropriate Level

NON-PUNITIVE MEASURES TO MODIFY BEHAVIOR/CONDUCT • COUNSELING: ORAL AND WRITTEN • BAR TO REENLISTMENT • ADMONITIONS & REPRIMANDS

•ADMINISTRATIVE REDUCTION •SEPARATION ACTIONS

Factors Considered When Choosing Your Course of Action: • • • •

Service Record Nature of Offense Harm Done Punishment Available • Cooperation • Available Evidence

THE BAR TO REENLISTMENT • THE ARMY DESIRES TO RETAIN ONLY THOSE SOLDIERS OF HIGH MORAL CHARACTER, COMPETENCE, AND DEMONSTRATED ADAPTABILITY (AR 601-280). • INITIATION OF PROCEEDINGS REQUIRED FOR: FAILURE TO MAKE SATISFACTORY PROGRESS IN ARMY WEIGHT CONTROL PROGRAM, 2 CONSECUTIVE APFT FAILURES, REMOVAL FOR CAUSE FROM NCOES COURSES.

BAR TO REENLISTMENT -PROCEDURES • INITIATE THE BAR • NOTICE TO AND REBUTTAL BY SOLDIER • APPROVAL OF BAR • PERIODIC REVIEW BY UNIT COMMANDER

BAR TO REENLISTMENT -PROCEDURES • INITIATE THE BAR • NOTICE TO AND REBUTTAL BY SOLDIER • APPROVAL OF BAR • PERIODIC REVIEW BY UNIT COMMANDER

THE ADMINISTRATIVE REPRIMAND • OFFICIALLY DOCUMENTS MISCONDUCT OR POOR PERFORMANCE IN OFFICIAL FILES (AR 600-37) • AFTER INITIATED, SOLDIER MAY REBUT IN WRITING • FILING OF LETTER

ENLISTED ADMINISTRATIVE SEPARATIONS (AR 635-200) • SOLDIERS ALWAYS AFFORDED NOTICE & AN OPPORTUNITY TO RESPOND • ENTITLED TO A BOARD IF MORE THAN 6 YEARS OF SERVICE, OR OTHER THAN HONORABLE DISCHARGE SOUGHT

PUNITIVE OPTIONS • NONJUDICIAL PUNISHMENT (ARTICLE 15) • SUMMARY COURTMARTIAL • SPECIAL COURTMARTIAL

•BAD CONDUCT DISCHARGE (BCD) SPECIAL COURT-MARTIAL •GENERAL COURT-MARTIAL

NONJUDICIAL PUNISHMENT “... any COMMANDING OFFICER may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial...”

ARTICLE 15 -- INITIAL RESPONSIBILITIES OF THE COMMANDER • PRELIMINARY INVESTIGATION – Whether offense was committed – Whether soldier was involved – Character & military record of the soldier

• DA FORM 2627 or 2627-1 • NOTIFICATION OF SOLDIER

SOLDIERS’ RIGHTS IN ART 15’s • FORMAL AND SUMMARIZED – – – – – –

Remain Silent Examine Evidence Present a Defense Call Witnesses Demand Trial by Court-martial Have an Appeal

• FORMAL ART 15’s HAVE ADDITIONAL RIGHTS, SEE NEXT SLIDE

SOLDIER’S RIGHTS IN ART 15’S • Additional rights available only in Formal Article 15’s (both Company Grade and Field Grade) – Consult with counsel – Have a spokesperson – Ask for an open hearing

HOW TO: ART 15 HEARING • PURPOSE: Determine if the accused committed the offense; and if so impose punishment • COMMANDER’S ACTIONS: – – – –

Consider the evidence presented Decide guilt or innocence Impose appropriate punishment Explain rights to appeal

• STANDARD: CO must be certain of guilt BEYOND A REASONABLE DOUBT.

ART 15 PUNISHMENTS CATEGORIES • • • • • •

Admonishment/Reprimand Forfeiture of Pay Restriction Extra Duty Reduction in Rank Correctional Custody

• Amount of punishment depends on rank of accused and imposer

ART 15 APPEALS • PROCEDURE; – Written appeal (some CO’s permit personal appearance) – Submitted thru imposing CO

• APPELLATE AUTHORITY – Next highest level commander

FILING OF AN ARTICLE 15 • SUMMARIZED: KEPT IN UNIT (LOCAL) FILE FOR TWO YEARS OR TRANSFER • FORMAL: DEPENDS UPON PAYGRADE OF ACCUSED – E-4 and below it is filed locally – E-5 and above it is filed in the OMPF

COURTS-MARTIAL SUMMARY SPECIAL BAD CONDUCT SPECIAL GENERAL

PREFER & FORWARD CHARGES

PREFER & FORWARD CHARGES

• DD FORM 458 (CHARGE SHEET), AND R.C.M. 307 PROVIDE INSTRUCTIONS – CHARGE & SPECIFICATION FORMAT • OATH & PERSONAL KNOWLEDGE or INVESTIGATION • FORWARD TO SCMCA WITH RECOMMENDATION

PRETRIAL RESTRAINT IS AUTHORIZED UPON PROBABLE CAUSE THAT: • UCMJ Offense has been committed, • Accused committed it; and • Restraint is REQUIRED to ensure the accused’s presence or to prevent foreseeable serious criminal misconduct

FORMS OF PRETRIAL RESTRAINT  Conditions on liberty  Restriction (in lieu of arrest)  Arrest  Confinement

PRETRIAL CONFINEMENT

INFORM THE SJA!

SPEEDY TRIAL REQUIREMENTS

• 120-Day Rule • 90-Day Rule

10 COMMANDMENTS OF UNLAWFUL COMMAND INFLUENCE 1) Commander may NOT order a subordinate to dispose of a case in a certain way. 2) Commander must not have an inflexible policy on disposition or punishment. 3) Commander, if the accuser, may NOT refer the case. 4) Commander may neither select nor remove court members in order to obtain a particular result.

10 Commandments of Unlawful Command Influence 5) No outside pressures may be placed on the judge or court members to arrive at a particular decision. 6) Witnesses may NOT be intimidated or discouraged from testifying. 7) The COURT decides punishment. Accused may NOT be punished before trial.

10 Commandments of Unlawful Command Influence 8) Recognize that subordinates & staff may “commit” command influence that will be attributed to the CO, irregardless of his knowledge or intentions. 9) Commander may not have an inflexible attitude towards clemency. 10) If a mistake is made, raise the issue immediately.

RECAP OF MAIN TEACHING POINTS • Comparison of Military & Civilian Justice Systems • UCMJ Jurisdiction • Rights Warnings before official questioning • Search Authorization/ Admin. inspections • Nonpunitive Administrative Actions • Article 15, How to • Pretrial Restraint • Initiation of Court-martial Charges • Unlawful Command Influence

DoD POLICY ON HOMOSEXUAL CONDUCT

DoD Policy on Homosexual Conduct

• • • • •

At the conclusion of this session, you will be able to: State basic points of DoD Policy Define Sexual Orientation State Commander’s Responsibilities Describe characteristics of credible information List staff resources who can provide assistance

The Policy: Suitability is based on CONDUCT

SEXUAL ORIENTATION • Is a personal/private matter • Is “an abstract sexual preference for persons of a particular sex as distinct from a propensity to engage in sexual acts”

DEFINITIONS • Propensity: Indicates a likelihood that a person engages in or will engage in homosexual acts • Homosexual: A person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts

WHAT IS HOMOSEXUAL CONDUCT? S.A.M. • STATEMENT • ACT • MARRIAGE BETWEEN THE SAME SEX

STATEMENT • Conveyed through language or behavior • Indicates a propensity or intent to engage in homosexual acts • IS REBUTTABLE

ACTS • ANY BODILY CONTACT: • Activily undertaken or passively permitted, between same sex persons for the purpose of satisfying sexual desires • That a reasonable person would understand to show a propensity or intent to engage in act described above

Behaviors which are not homosexual acts • Associating with known homosexuals • Marching in a gay rights rally in civilian clothes • Possessing or reading homosexual publications • Going to a gay bar

RECAP • Sexual Orientation is a private/personal matter • CONDUCT determines suitability for service • Homosexual Conduct (SAM) is justification for administrative discharge

DoD POLICY ON HOMOSEXUAL CONDUCT AFFECTS • • • • •

Accessions Separations Criminal Investigations Security Investigations Military Training

ACCESSIONS

• Sexual orientation ALONE is not a bar • Will not be asked to reveal whether they are heterosexual, homosexual, or bisexual • All will be informed of policy

SEPARATIONS • Based on CONDUCT • Three bases: S A M • Discharge for engaging in homosexual conduct will be “honorable” or “under honorable conditions” • A Court-Martial can have worse consequences.

CRIMINAL INVESTIGATIONS • Not done solely to determine sexual orientation • Sexual misconduct alone, between consenting adults, in private, is generally insufficient to prompt a criminal investigation

CRIMINAL INVESTIGATIONS • Allegations of sexual misconduct handled by CO in the absence of aggravating factors • If CO is uncertain what to do call JAG

PERSONNEL SECURITY • No investigation solely to determine sexual orientation • No questions about sexual orientation on Security Questionaire • Only sexual CONDUCT can be questioned • No info about sexual orientation or conduct can be used for separation

MILITARY TRAINING • Soldiers are to be informed of policy • Commanders, recruiters, and investigators, etc., are to be informed of the policy

Commander’s Responsibilities • Ensure soldiers are briefed on DoD Policy on homosexual conduct • Ensure refresher and optional individual training in Military Justice, IAW AR 2710, paragraph 19-2f

HOW SHOULD A COMMANDER RESPOND TO ALLEGATIONS OF HOMOSEXUAL CONDUCT?

WHAT THE CO SHOULD DO: • Determine if the conduct fits the DoD definition of homosexual conduct (SAM) • Verify that the information is credible • Start informal fact-finding only if credible info exists

WHAT IS CREDIBLE INFO? • Comes from a reliable source • Is an observation (sight or sound) of conduct • Would lead reasonable person to believe the person making the statement or act intended to convey the fact that he/she engages in or has propensity to engage in homosexual conduct.

HOW SHOULD YOUR COMMANDER CARRY OUT THE INQUIRY? • Confine all questions to homosexual conduct (NOT orientation!) • Verify that info is credible • Seek legal advice as needed

RESOURCES AVAILABLE TO SUPPORT YOU

• SJA • MP • CID

REVIEW • Basic Points of DoD Policy • Definitions • CO Responsibilities • Available Assistance

Questions Concerning the DoD Policy on Homosexual Conduct

Application of the DoD Policy (Discussion of Scenarios)

The Law of War

Outline of Instruction

 Background  Forbidden targets, tactics, and techniques  Enemy captives and detainees  Civilians and private property  War crimes  Summary

BACKGROUND HISTORY OF THE LAW OF WAR ANCIENT/BIBLICAL MIDDLE AGES CHIVALRY GROTIUS GENERAL ORDER 100 GENEVA/HAGUE CONVENTIONS

BY WARRIORS

FOR WARRIORS

THAT WAS THEN ... “War is an act of force to compel our enemy to do our will. … Attached to force are certain self-imposed, imperceptible limitations hardly worth mentioning, known as international law and customs, but they scarcely weaken it.” Clausewitz, 1820

THIS IS NOW …. “The Armed Forces of the United States will comply with the law of war during the conduct of all military operations and related activities in armed conflict, however such conflicts are characterized.” CJCSI 5810.01, 12 August 1996

SOURCES OF THE LAW OF WAR CUSTOM TREATIES OR CONVENTIONS Hague Regulations 1949 Geneva Conventions U.S. CONSTITUTION ARTICLE VI DoD.Dir 5100.77 CJCSI 5810.01

WHY STUDY/OBEY THE LAW OF WAR? IT'S THE LAW ENHANCES PUBLIC SUPPORT ENCOURAGES RECIPROCAL TREATMENT BY THE ENEMY YOU'RE PERSONALLY LIABLE FOR YOUR VIOLATIONS TREATIES REQUIRE WE STUDY "LAW OF WAR"

WHY STUDY/OBEY THE LAW OF WAR?  YOU MAY BE LIABLE FOR

SUBORDINATE'S VIOLATIONS

 VIOLATIONS OF THE "LAW OF WAR" GAIN NOTHING

 OUR VIOLATIONS STRENGTHEN ENEMY RESOLVE AND WEAKEN US

THE BOTTOM LINE

RESPECT FOR THE LAW OF WAR SEPARATES UNRULY MOBS FROM PROFESSIONAL SOLDIERS.

PURPOSES OF THE LAW OF WAR

PREVENT UNNECESSARY SUFFERING SAFEGUARD FUNDAMENTAL RIGHTS FACILITATE RESTORATION OF PEACE

LEGAL PRINCIPLES  MILITARY NECESSITY



HUMANITY



PROPORTIONALITY



DISCRIMINATION

MILITARY NECESSITY NOT FORBIDDEN BY INTERNATIONAL LAW AND INDISPENSABLE FOR COMPLETE SUBMISSION OF THE ENEMY AS SOON AS POSSIBLE (FM 2710 PAR. 3)

HUMANITY  UNNECESSARY SUFFERING



INCIDENTAL INJURY



COLLATERAL DAMAGE

PROPORTIONALITY UNNECESSARY SUFFERING MUST NOT BE EXCESSIVE IN RELATION TO THE CONCRETE AND DIRECT MILITARY ADVANTAGE FM 27-10, para. 41, Ch 1

DISCRIMINATION  PERSONS



PLACES



PROPERTY

FORBIDDEN TARGETS, TACTICS, AND TECHNIQUES

Noncombatants Parachutist v. Paratrooper Protected symbols Principles revisited Protected property Weapons and Tactics

Noncombatants

DIPLOMATS & EMBASSY PERSONNEL STAFF OF RELIEF SOCIETIES MEDICAL PERSONNEL& CHAPLAINS NONBELLIGERENT CIVILIANS SICK AND WOUNDED PWs

COMMON ARTICLE 3 PROHIBITIONS (also applicable to OOTW)  VIOLENCE TO LIFE AND PERSON, IN PARTICULAR, MURDER,   

MUTILATION, CRUEL TREATMENT, AND TORTURE TAKING OF HOSTAGES OUTRAGES UPON PERSONAL DIGNITY, IN PARTICULAR, HUMILIATING AND DEGRADING TREATMENT THE PASSING AND EXECUTION OF SENTENCES WITHOUT ANNOUNCEMENT OF A JUDGMENT IN A REGULARLY CONSTITUTED COURT WHICH AFFORDS THE ACCUSED THE BASIC TENANTS OF DUE PROCESS OF LAW RECOGNIZED AS INDISPENSABLE BY THE CIVILIZED PEOPLE OF THE WORLD

Parachutist v. Paratrooper

Parachutists jumping from disabled aircraft are considered noncombatants Paratroopers jumping as a means to get to the fight are combatants

Protected Symbols

Red Cross Red Crescent Red Star of David

Protected property

Churches Schools Museums Hospitals Cultural

PROTECTED PERSONS AND PROPERTY  NO PROTECTION IS ABSOLUTE - MISUSE OR ABUSE 



RESULTS IN LOSS OF PROTECTION WHAT DO WE DO IF A PROTECTED PLACE OR PERSON IS HIT BY ACCIDENT?  REPORT IT.  INVESTIGATE AND DOCUMENT IT.  MITIGATE IT (CARE FOR VICTIMS/COMPENSATE) TRY TO AVOID THE PROBLEM. FOR EXAMPLE, IF A HOSPITAL IS BEING MISUSED BY THE ENEMY, WE ATTEMPT TO WARN BEFORE STRIKING, UNLESS OPERATIONAL REQUIREMENTS DICTATE OTHERWISE.

Weapons and Tactics “Legal” weapons Chemical weapons Biological weapons Stratagems and Ruses Treachery and Perfidy Reprisals

“Legal” weapons 1. All weapon systems in the U.S. inventory are legal 2. Military advantage v. suffering caused 3. “Legal” weapons can be used illegally 4. Prohibited weapons

WEAPONS  SMALL ARMS • Prohibition on exploding or expanding ammunition.

  

FRAGMENTATION INCENDIARIES LASERS

MINES AND BOOBY TRAPS  USE IS PERMITTED UNDER THE LAW OF WAR SUBJECT TO THE FOLLOWING  LIMITATIONS: INDISCRIMINATE USE PROHIBITED (MUST TARGET MILITARY) CAN NOT BE USE IN A MANNER TO TAKE ADVANTAGE OF THE ENEMY’S COMPLIANCE WITH THE LAW OF WAR (CAN NOT BOOBY TRAP CORPSES

WITH MINES, THERE MUST BE SIGNS, A PLAN FOR RECOVERY, OR A MAP TO PERMIT RECOVERY (W.W.I MINES ARE STILL KILLING CIVILIANS

Chemical weapons 1. No “second use” anymore 2. Riot Control Agents (RCA): probably no use anymore

Biological weapons 1. The U.S. has renounced all use of biological weapons 2. The U.S. will use herbicides only for domestic or defensive purposes 3. The U.S. will not use herbicides first in armed conflict

Stratagems and Ruses Permitted activities Ambushes Bribes Psyops Use of enemy equipment/clothing

Treachery and Perfidy Prohibited activities include: - misuse of symbols - feigning surrender - killing EPWs - misuse of protected places - human shields

Reprisals Authorized only if: Timely Responsive to enemy act Lesser response ineffective Proportional Not against protected persons Ordered by NCA

ENEMY CAPTIVES AND DETAINEES

Allow surrender Humane treatment No coercion

ENEMY CAPTIVES AND DETAINEES

Provide medical care Safeguard captives Don’t take personal property

TREAT EPWs HUMANELY  MUST RECEIVE HUMANE TREATMENT  PROPER MEDICAL CARE, FOOD, CLOTHING, AND SHELTER  RESPECT FOR THEIR PERSONS AND PROPERTY  PROMPT EVACUATION FROM COMBAT ZONE  MAY NOT BE COMPELLED TO PERFORM DANGEROUS,   

HUMILIATING, OR WAR-RELATED LABOR FREE TO PRACTICE RELIGION NO TORTURE, CANNOT USE COERCION TO OBTAIN INFORMATION MAY NOT KILL BECAUSE PRESENCE RETARDS A MILITARY OPERATION

RIGHTS OF PRISONERS OF WAR  RIGHT TO SANITARY, PROTECTIVE HOUSING AND     

CLOTHING RIGHT TO SUFFICIENT FOOD TO MAINTAIN GOOD HEALTH RIGHT TO ADEQUATE MEDICAL CARE AND NECESSARY FACILITIES TO ENSURE PROPER HYGIENE RIGHT TO RETAIN MOST PERSONAL PROPERTY EXCEPT ARMS, MILITARY EQUIPMENT AND DOCUMENTS RIGHT TO SEND AND RECEIVE MAIL AND RECEIVE PACKAGES CONTAINING FOODSTUFFS, CLOTHING, AND OR RELIGIOUS, EDUCATIONAL, OR RECREATIONAL MATERIAL RIGHT TO HAVE A PRISONERS' REPRESENTATIVE

CIVILIANS AND PRIVATE PROPERTY

Don’t violate civilians’ rights in war zones Ensure the safety of civilians Don’t burn or steal civilian property

WAR CRIMES

Do your best to prevent crimes Don’t violate the laws of war Report crimes immediately through your chain of command

RULES OF ENGAGEMENT  LAW OF WAR  MILITARY PLANS  POLITICAL POLICY  PUBLIC OPINION

RAMP A TRAINING SYSTEM FOR RULES OF ENGAGEMENT RETURN FIRE ANTICIPATE ATTACK. MEASURE THE AMOUNT OF FORCE USED. PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.

RULES OF ENGAGEMENT OPERATORS AND TRAINERS, NOT LAWYERS

RULES OF ENGAGEMENT • HISTORICAL MODEL • CURRENT XVIII AIRBORNE CORPS MODEL – RAMP

ROE - WHY? NUCLEAR ESCALATION FEARS DURING COLD WAR “YOU ARE THERE” COMMO “YOU ARE THERE” NEWS MEDIA

ROE = INFLUENCE OF POLITICAL FACTORS ON BATTLEFIELD SITUATIONS

ROE - THE CHALLENGES NOT REALLY PART OF OUR CULTURE (ADD-ON, NUISANCE) NO REAL ARMY DOCTRINE (ALL SITUATIONAL) PLENTY OF “HELP”(LAWYERS, MEDIA, ALLIES, POLITICAL LEADERS, SENIOR OFFICERS) GETTING IT WRONG MAY CAUSE MISSION FAILURE

TRADITIONAL ROE EXAMPLE 1 UNITAF, SOMALIA: “YOU ARE AUTHORIZED TO USE DEADLY FORCE IN SELF-DEFENSE IF THERE IS A CLEAR DEMONSTRATION OF HOSTILE INTENT IN YOUR PRESENCE.”

WHAT IS A “CLEAR DEMONSTRATION OF HOSTILE INTENT”?

TRADITIONAL ROE EXAMPLE 2 JTF CORTINA: “FOR EACH MISSION, PILOTS MUST BE BRIEFED ON THE LOCATIONS OF CIVILIANS AND FRIENDLY FORCES.”

HOW DO WE KNOW WHERE CIVILIANS CAN BE FOUND? IF WE DON’T KNOW, CAN WE STILL FLY AND SHOOT?

TRADITIONAL ROE EXAMPLE 3 JTF-B, HONDURAS: MILITARY PERSONNEL RECEIVING HOSTILE FIRE ARE AUTHORIZED TO RETURN FIRE, IF THIS IS NECESSARY IN SELF-DEFENSE.

CAN WE SHOOT OR NOT?

WHAT’S WRONG WITH THIS PICTURE? ROE FOR/BY LAWYERS SOPHISTICATED TERMS NEED AN INTENT/CONCEPT, NOT SPECIFIC “LAUNDRY LIST” ROE USUALLY COME LATE IN THE GAME - DICTATED RATHER THAN TRAINED

TOO MUCH LEGALISM, NOT ENOUGH TRAINING FOCUS

RAMP- ALTERNATIVE APPROACH  TASK/CONDITION/STANDARD  “RAMP” MEMORY KEYWORD(LIKE SPORTS, METT-T, OCOKA, SALUTE, 5 S’s)  STX ITERATIONS USING ROE = A TASK LIKE ANY OTHER

RAMP RETURN FIRE WITH AIMED FIRE. ANTICIPATE ATTACK. MEASURE THE AMOUNT OF FORCE YOU USE.

PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.

RETURN FIRE WITH AIMED FIRE YOU ALWAYS CAN SHOOT BACK (RIGHT OF SELF-DEFENSE)

AIMED FIRE IS KEY; IT KILLS BAD GUYS AND PROTECTS THE INNOCENT

ANTICIPATE ATTACK YOU DON’T HAVE TO TAKE THE FIRST HIT. “HAND SALUTE” IF UNSURE HAND - WHAT IS HE HOLDING? S (ize) - HOW MANY? A (ctivity) - WHAT IS HE DOING? L (ocation) - HOW CLOSE? HOW NEAR OTHERS? U (niform) - IS HE IN UNIFORM/ORGANIZED? T (ime) - HOW SOON UNTIL HE’S ON YOU? E (quipment) - WHAT WEAPONS?

DESIGNATED HOSTILES CAN ALWAYS BE ENGAGED (UNIFORM, EQUIPMENT, ACTIVITY)

MEASURE THE AMOUNT OF FORCE YOU USE   

MEASURE IF YOU HAVE TIME TO DO SO. USE FORCE APPROPRIATE TO THE TARGET/SITUATION. VEWPRIK CONCEPT:

V - VERBAL WARNING IN LOCAL LANGUAGE; E - EXHIBIT WEAPON W - WARNING SHOT P - PEPPER SPRAY R - RIOT STICK I - INJURE WITH FIRE K - KILL WITH FIRE

PROTECT WITH DEADLY FORCE HUMAN LIFE

PROTECT OTHER SOLDIERS, ALLIES, CIVILIANS, PRISONERS

PROTECT PROPERTY DESIGNATED BY YOUR COMMANDER (EMBASSY, AIRCRAFT, AMMO STORAGE, AID STATION)

DOES RAMP WORK? 101st ABN (AASLT) DIV TESTED RAMP TRAINING  TF 1-327 IN NEO (JRTC 94-10)  TF 2-502 IN NEO (CORPS EDRE)  TF 1-327 IN NGO SECURITY (JRTC 95-07) BOTTOM LINE: SOLDIERS UNDERSTAND IT ENEMY IS KILLED CIVILIANS/FRIENDLIES ARE NOT KILLED

CONSIDERATIONS FOR TARGETING

LAWFUL VS. PROTECTED COMBATANTS V. NONCOMBATANTS /CIVILIANS MILITARY OBJECTIVES PROTECTED PLACES OR PROPERTY

TARGETING CONSIDERATIONS SUMMARY

VERIFY THE TARGET MINIMIZE UNNECESSARY SUFFERING AND COLLATERAL DAMAGE

PROPORTIONALITY

FIGHT AND WIN BY THE RULES IT’S THE AMERICAN WAY OF WAR