#35 Crucial Questions on Rules Of Engagement (ROE): (Q2/3) Do Commanders Have Discretionary Authority to Change ROE?

This blog will address the second crucial question on Rules of Engagement (ROE), relating to deployed military commanders on operations: Are deployed military commanders given discretionary authority, by their civilian masters in government, to change or alter their lethal force instructions in any way, as they see fit, based on the conditions on the ground in theatre?

ROE will first be outlined as two classes of military orders or instructions issued to national armed forces deployed at home or abroad to act on behalf of the government and the nation of the State: these are (1) ‘offensive’ military orders for Mission Accomplishment (to achieve the military objectives towards attainment of the overall political aim) & (2) ‘defensive’ military orders for Self-Defence when encountering Enemy or Hostile opposition (intent and actions) during the course of their military operations. Next, I will discuss who has the power to change ROE, and describe the three differing degrees of ‘Discretionary Authority’ that governments tend to give to their military commanders in conflict theatres today, in the modern 21st century world of warfare. Subsequently, this real-world analysis will end with a discussion of the negative consequences of overly-constrained commanders in conflict theatres – which so often leads to ludicrous, illogical and tragic security situations and outcomes for fighting military personnel (and also defenceless local civilians) on operations, providing two such examples from warzones concerning New Zealand armed forces in East Timor during 2000 and Danish armed forces in Afghanistan during 2006. Finally, I will discuss this modern phenomenon of ‘Ridiculous ROE’ as the result of the significant and ever-abiding problem of the ‘political-military disconnect’ or ‘grey area’ of incomprehension and misunderstanding, that exists between the political masters in the political sphere and military commanders in the military sphere – once alluded to centuries ago, by the famous, Prussian, realist, military commander, veteran, theorist and philosopher, Karl von Clausewitz.

#34 Crucial Questions on Rules Of Engagement (ROE): (Q1/3) Are ROE Legally-Binding “Military Orders” or Merely Guidelines?

After more than 13 years of research on ROE instructions issued by governments to national military contingents deployed to operate as part of multinational security endeavours around the world, and especially the continuing existence and consistently negative effects of national caveat limitations and bans within these ROE, I will now attempt in the following to shine more light on this classified, sensitive, hazy, poorly-understood but critically important subject.

In particular, I will try to assist general understanding on this vital issue in military operations by answering, to the best of my knowledge, three basic and crucial questions as to the normative status and practices of nations with regard to ROE. This blog addresses the first crucial question: Are ROE legally-binding ‘military orders’ or are they merely ‘guidelines’ to military personnel?

#25 Laws of War Brief (Part 2): The Protections, Rights & Obligations of Civilian Non-Combatants & Military Combatants under the LOAC

#25 Laws of War Brief (Part 2): The Protections, Rights & Obligations of  Civilian Non-Combatants & Military Combatants under the LOAC   – Dr Regeena Kingsley   ‘How the malice of the wicked was reinforced by the weakness of the virtuous.’[1] – Winston S. Churchill   In a series of previous blogs I have presented case-studies of Multinational Operations (MNOs) in Rwanda, Bosnia and Kosovo, in which participating national forces – bound by government-imposed national caveat constraints – failed to use lethal force at the critical and necessary moments in order to fully uphold or pursue the primary security objectives

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#24 Laws of War Brief (Part 1): What is the Law of Armed Conflict & Customary International Law?

#24 Laws of War Brief (Part 1): What is the Law of Armed Conflict & Customary International Law?   – Dr Regeena Kingsley   ‘How the malice of the wicked was reinforced by the weakness of the virtuous.’[1] – Winston S. Churchill   In previous blogs I have presented case-studies of Multinational Operations (MNOs) in Rwanda, Bosnia and Kosovo, in which participating national forces – bound by government-imposed national caveat constraints – failed to use lethal force at the critical and necessary moments in order to fully uphold or pursue the primary security objectives of their security mission mandates. In

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