Naval Science 402
Leadership and Ethics
Lesson 11
Conduct of War
Law of Armed Conflict
ROE/Code of Conduct
NROTC Unit, Tulane University
3/24/2016
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NROTC Unit, Tulane University
3/24/2016
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Objectives

Complete Conduct of War Joint
Targeting Simulation
Understand Rules of Engagement and their
Impact
Understand the necessity for a strong
Ethical foundation during Armed Conflict
Comprehend the IMPACT for compliance
with International Agreements Relating to
Armed Conflict.
NROTC Unit, Tulane University
3/24/2016
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Objectives

Know the Policy of the U.S. Government
Regarding the Law of Armed Conflict
Including:
The Responsibilities of Superior
Officers With Regard to Violations of
the Law of Armed Conflict
The Measures Taken to Redress Acts
in Violation of the Law of Armed
Conflict
NROTC Unit, Tulane University
3/24/2016
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Objectives
Understand the Relation of the Rules of
Engagement (ROE) to the Law of Armed
Conflict.
 Comprehend the Major Principles of and
Ideas Behind the Code of Conduct and
Be Able to Apply Them to a Leader's
Role in a Prisoner-of-War Situation.

NROTC Unit, Tulane University
3/24/2016
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CINC Targeting Priorities
JFLCC Priorities
Naval Priorities
2nd Army and Militia at Kandahar
Central Army HQ, Kabul
Eliminate Mine Threat in Naval AO
and future Mining Capability
Neutralize Threat to Naval Landing
Force
JFACC Priorities
JSOC Priorities
Eliminate Taliban and Al Queda
WMD capability
Target Troops en masse along the
Pakistani Border to prevent Counterattack withdrawal of leadership
NROTC Unit, Tulane University
3/24/2016
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Standing ROE

Concern...
Inherent Right and Obligation of
Self-Defense
Guidance on the application of
force for mission accomplishment

“Use All Necessary Means
Available … Take All
Appropriate Action”
NROTC Unit, Tulane University
3/24/2016
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Rules of Engagement

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NROTC Unit, Tulane University
3/24/2016
Delineate the
circumstances and
limitations under which
ground, naval, and air
forces will initiate and/or
continue combat with
enemy forces
Always consistent with the
Law of Armed Conflict
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Elements of Self Defense

Necessity …
Hostile Act (Attack) Occurs
or Hostile Intent (Imminent
Attack) Is Demonstrated

Proportionality ...
Force Employed Must Be
Reasonable in Intensity,
Duration, and Magnitude …
to Decisively Counter … and
Ensure Safety...
NROTC Unit, Tulane University
3/24/2016
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Mission Specific ROE
CINCs May Produce Additional
STANDING ROE As Appropriate for
Conditions in Their AOR
 Combatant Commanders May Issue
Additional ROE for a Specific Operation.
 Examples:

DESERT SHIELD
DESERT STORM
NROTC Unit, Tulane University
3/24/2016
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Admiral Howell’s Guidance

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Distinguish between Military Targets and Civilians
Avert attacks that have disproportionate impact on civilians
including non-combatants held in Taliban prisons
Provide effective warning to civilian population wherever possible
Do not use weapons of indiscriminate effects in areas of civilian
population
Ensures weapons of inadequate targeting capability not be
employed in areas of civilian population
Ensure operating altitude restrictions imposed on aircraft not
effect adequate ID of targets – in order to avoid civilian collateral
damage
NROTC Unit, Tulane University
3/24/2016
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Additional CINC Guidance

Amnesty International requested
President Bush tighten Rules of
Engagement
We will comply in relation to the value of
the target
WMD/Military Threat to Forces in Country
NROTC Unit, Tulane University
3/24/2016
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Ability to Make War with their
Weapons of Mass Destruction
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Eliminate threat to friendly
forces near Kandahar
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Troops en masse along
Pakistani Border
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3/24/2016
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3/24/2016
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Eliminate Military Command
near Kabul for offensive
operations
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3/24/2016
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3/24/2016
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Eliminate Mine Threat
Eliminate threat to Naval
Landing Forces
NROTC Unit, Tulane University
3/24/2016
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
Rules of Engagement in the U.S.
NORAD authority to approve downing of
hijacked airliners in continental U.S.
Provide Combatant Commanders
(Geographic CINCs) authority to shoot
down civilian aircraft

Effects of War
NROTC Unit, Tulane University
3/24/2016
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Code of Conduct
(Historical)

Law of the Hague
Bound to Give Only Name, Rank

Geneva Accords
Name, Rank, Date of Birth, Service Number

Korean War
“Brainwashing” (Indoctrination)
Anti-government Statements
Significant Number of POWs Refused Repatriation
NROTC Unit, Tulane University
3/24/2016
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Korean Conflict: POW Statistics
(Kinkead, Eugene. In Every War But One. Norton, 1959)

7190 Total Prisoners Taken
92% in the First Year of the War

2634 Died
38% - largest percentage since the Revolution
Most (99.6%) Died in the First Year of the War

4435 Americans Released
31 Navy, 196 Marine, 235 Air Force
3973 Army
NROTC Unit, Tulane University
3/24/2016
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Korean Conflict: Army POW Statistics
(Kinkead, Eugene. In Every War But One. Norton, 1959)

30% of All Prisoners Behaved Inappropriately
General Collaboration
Criminal Acts Against Fellow Prisoners
Failure to Lead Properly
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425 Seriously Collaborated (13%)
82 Cases Approved for Court-martial
47 Cases Passed a Four Tier Review Board
12 Collaborators Tried (Plus 2) - Guilty
21 Collaborators Remained Behind
NROTC Unit, Tulane University
3/24/2016
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Korean Conflict:
POW Study Findings

Loss of Organizational Structure
“Every Man For Himself”

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Breakdown of Discipline
Unrealistic Expectations of Captivity
Food Aversion, Sanitation, Basic First Aid

Loss of Hope
Loss of Activity, Loss of Interest

Some Units Faired Better Than Others
Turks, Marines
NROTC Unit, Tulane University
3/24/2016
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Code of Conduct
(Historical)


Executive Order Issued the Code in 1955
Vietnam Conflict
Added Torture to Emotional Distress
Minimal Defections
DOD Review Changed Article V:
 Deleted
the Word “Only”
 Changed “Bound” to “Required”

Not an ORDER, but a Guideline
NROTC Unit, Tulane University
3/24/2016
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Code of Conduct

ARTICLE I:
I am an American, fighting in the forces which
guard my country and our way of life. I am
prepared to give my life in their defense.

ARTICLE II:
I will never surrender of my own free will. If in
command, I will never surrender the members of
my command while they still have the means to
resist.
NROTC Unit, Tulane University
3/24/2016
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Code of Conduct

ARTICLE III:
If I am captured I
will continue to resist
by all means
available. I will make
every effort to escape
and to aid others to
escape. I will accept
neither parole nor
special favors from
the enemy.
NROTC Unit, Tulane University
3/24/2016
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
ARTICLE IV:
If I become a prisoner of
war, I will keep faith with
my fellow prisoners. I will
give no information nor take
part in any action which
might be harmful to my
comrades. If I am senior, I
will take command. If not, I
will obey the lawful orders
of those appointed over me
and will back them in every
way.
NROTC Unit, Tulane University
3/24/2016
Code of
Conduct
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
ARTICLE V:
When questioned, should
I become a prisoner of
war, I am required
(bound) to give (only)
name, rank, service
number, and date of birth.
I will evade answering
further questions to the
utmost of my ability. I will
make no oral or written
statements disloyal to my
country or its allies or
harmful to their cause.
NROTC Unit, Tulane University
3/24/2016
Code of
Conduct
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Code of Conduct

ARTICLE VI:
I will never forget that I am
an American, fighting for
freedom, responsible for my
actions, and dedicated to
the principles which made
my country free. I will trust
in my God and in the
United States of America.
NROTC Unit, Tulane University
3/24/2016
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Code of Conduct
Possible UCMJ Violations
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Article 99
Article 100
Article 104
Article 105
Article 106
Article 106A
Article 134
NROTC Unit, Tulane University
Misbehavior Before the Enemy
Subordinate Compelling
Surrender
Aiding the Enemy
Misconduct as a Prisoner
Spies
Espionage
Disloyal Statements
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Questions ???
NROTC Unit, Tulane University
3/24/2016
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