Rules of Engagement: No Firing on Homes
The recent release of the new US battle rule to stop return fire on Afghan homes is intended to limit the collateral damage on the battlefield. This adds to the rules of engagement (ROE) and further restricts the military in combat actions. There are good military and political reasons for this addition to the rules of engagement but a possible consequence is the increased need for military justice.
Military ROE Training
ROE are trained and exercised by the military until every member of a unit is aware of and understands how to engage the enemy combatant. This new ROE will require on the ground training in Iraq and Afghanistan and the military is very effective at getting the information out to each and every member in the field.
Military Member Responsibility
The individual application of the rules when faced with dire combat situations is a different matter. As in all limitations on application of force, there might be an increase the incidents where military members, under duress, take action and are then held individually accountable for violations of the rules of engagement.
Violations of ROE
During Operation Iraqi Freedom and Operation Enduring Freedom, there have been several high profile media military justice cases involving military members killing civilians. Examples include the Sadr City case where an Iraqi was deliberately shot in his home and another was dispatched in a “mercy killing.” The Hamdania Case, where 8 Marines and 1 Sailor were accused of killing an Iraqi civilian instead of the suspected Al Qaeda fugitive they set out to kill. The Haditha case, where 24 Iraqi civilians died after an IED explosion killed one Marine and seriously wounded two others. The Haditha military case is still pending for 2 of the 8 originally accused.
Military Good Order and Discipline
Restrictive rules of engagement support good order and discipline on the battlefield along with ensuring safety in a dangerous environment. The military lawyers, schooled in the law of war, provide battlefield assessments of each military action for commanders. But they are not there, fighting hand-to-hand with the frontline military members who make decisions under duress. The hope is that this new ROE can be applied to the battlefield to prevent unnecessary loss of civilian lives and actions of individual military members when called upon will not violate the new ROE.
Tags: Army, Colateral Damage, Haditha, Hamadia, Marine Corps, military law, Rules of Engagement, Sadr City
