Naval Science 402 Leadership and Ethics

1. Naval Science 402Leadership and Ethics Lesson 11 Conduct of War Law of Armed Conflict ROE/Code of Conduct

2. 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.

3. 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

4. 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.

5. CINC Targeting Priorities

6. 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”

7. Rules of Engagement • 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

8. 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...

9. 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

10. Admiral Howell’s Guidance • 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

11. 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

12. Ability to Make War with their Weapons of Mass Destruction

16. Eliminate threat to friendly forces near Kandahar

18. Troops en masse along Pakistani Border

20. Eliminate Military Command near Kabul for offensive operations

24. Eliminate Mine ThreatEliminate threat to Naval Landing Forces

25. 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

26. 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

27. 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

28. 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 • 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

29. Korean Conflict:POW Study Findings • Loss of Organizational Structure • “Every Man For Himself” • 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

30. 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

31. 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.

32. 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.

33. Code of Conduct • 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.

34. Code of Conduct • 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.

35. 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.

36. Code of ConductPossible UCMJ Violations • Article 99 Misbehavior Before the Enemy • Article 100 Subordinate Compelling Surrender • Article 104 Aiding the Enemy • Article 105 Misconduct as a Prisoner • Article 106 Spies • Article 106A Espionage • Article 134 Disloyal Statements

37. Questions ???