#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 hazy and poorly-understood 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 question: Are ROE Legally-Binding “Military Orders” or Merely Guidelines?

#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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#21 Srebrenica Aftermath: Serb Guilt & Dutch Liability for the Genocide in the UNPROFOR ‘Safe Area’ in Bosnia

#21 Srebrenica Aftermath: Serb Guilt & Dutch Liability for the Genocide in the UNPROFOR ‘Safe Area’ in Bosnia   – Dr Regeena Kingsley   In the last blog I detailed the shocking and profoundly disturbing events that took place under Dutch command in the Srebrenica United Nations (UN) “Protected Area” in 1995 within the broader UN Protection Force (UNPROFOR) Operation in Bosnia-Herzegovina (see blog #20 Betrayal & Barbarism in Bosnia: The UNPROFOR Operation, National Caveats & Genocide in the Srebrenica UN “Protected Area”). These tragic real-life events have haunted Serbia, the Bosnian Serb Republic (Republika Srpska), the Federation of Bosnia

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#12 The Binding Power of Rules of Engagement: Enforcement & Punishment

#12 The Binding Power of Rules of Engagement: Enforcement & Punishment   – Dr Regeena Kingsley   Rules of Engagement (ROE) are precise instructions relating to the use of lethal force by military personnel when deployed on military operations.  In blog “#10 Rules of Engagement & National Caveats: “Self-Defence” & “Mission Accomplishment” Instructions”, the two major categories of ROE instructions – self-defence and mission accomplishment instructions – were discussed in detail, with particular reference to the three types of authorisation, limitation and prohibition rules contained in the latter most influential category with regard to effective Multinational Operations (MNOs). Following this

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#11 How are Rules of Engagement Formed for Military Operations?

#11 How are Rules of Engagement Formed for Military Operations?   – Dr Regeena Kingsley   Given the importance of the content of Rules of Engagement (ROE) for any military forces deployed on security or peace support operations (see blog “#10 Rules of Engagement & National Caveats: “Self-Defence” & “Mission Accomplishment” Instructions”), two questions immediately arise. How exactly are these ROE formulated? And who within the national government apparatus is responsible for drafting ROE for any Multinational Operation (MNO) during the pre-deployment phase?     ROE Formulation: Seven Steps There are seven steps that are typically involved in the ROE formulation

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