NROTC Unit, Tulane University6/9/20151 Naval Science 402 Leadership and Ethics Lesson 11 Conduct of...

NROTC Unit, Tulane University 04/18/23 1

Naval Science 402Naval Science 402Leadership and EthicsLeadership and Ethics

Lesson 11Lesson 11

Conduct of WarConduct of War

Law of Armed ConflictLaw of Armed Conflict

ROE/Code of ConductROE/Code of Conduct


ObjectivesObjectives

Complete Conduct of War Joint Complete Conduct of War Joint Targeting SimulationTargeting Simulation Understand Rules of Engagement and their Understand Rules of Engagement and their

ImpactImpact Understand the necessity for a strong Ethical Understand the necessity for a strong Ethical

foundation during Armed Conflictfoundation during Armed Conflict Comprehend the IMPACT for compliance Comprehend the IMPACT for compliance

with International Agreements Relating to with International Agreements Relating to Armed Conflict.Armed Conflict.



Know the Policy of the U.S. Government Know the Policy of the U.S. Government Regarding the Law of Armed Conflict Regarding the Law of Armed Conflict Including:Including: The Responsibilities of Superior The Responsibilities of Superior

Officers With Regard to Violations of Officers With Regard to Violations of the Law of Armed Conflictthe Law of Armed Conflict

The Measures Taken to Redress Acts in The Measures Taken to Redress Acts in Violation of the Law of Armed ConflictViolation of the Law of Armed Conflict



Understand the Relation of the Rules of Understand the Relation of the Rules of Engagement (ROE) to the Law of Armed Engagement (ROE) to the Law of Armed Conflict.Conflict.

Comprehend the Major Principles of and Comprehend the Major Principles of and Ideas Behind the Code of Conduct and Ideas Behind the Code of Conduct and Be Able to Apply Them to a Leader's Be Able to Apply Them to a Leader's Role in a Prisoner-of-War Situation.Role in a Prisoner-of-War Situation.


CINC Targeting PrioritiesCINC Targeting Priorities

JFLCC PrioritiesJFLCC Priorities22ndnd Army and Militia at Kandahar Army and Militia at Kandahar

Central Army HQ, KabulCentral Army HQ, Kabul

Naval PrioritiesNaval PrioritiesEliminate Mine Threat in Naval AO Eliminate Mine Threat in Naval AO and future Mining Capabilityand future Mining Capability

Neutralize Threat to Naval Landing Neutralize Threat to Naval Landing ForceForce

JFACC PrioritiesJFACC PrioritiesEliminate Taliban and Al Queda Eliminate Taliban and Al Queda WMD capabilityWMD capability

JSOC PrioritiesJSOC PrioritiesTarget Troops en masse along the Target Troops en masse along the Pakistani Border to prevent Counter-Pakistani Border to prevent Counter-attack withdrawal of leadershipattack withdrawal of leadership


Standing ROEStanding ROE

Concern...Concern... Inherent Right Inherent Right andand Obligation of Obligation of

Self-DefenseSelf-Defense Guidance on the application of Guidance on the application of

force for mission force for mission accomplishmentaccomplishment

““Use All Necessary Means Use All Necessary Means Available … Take All Available … Take All Appropriate Action”Appropriate Action”


Rules of EngagementRules of Engagement Delineate the Delineate the

circumstances and circumstances and limitations under which limitations under which ground, naval, and air ground, naval, and air forces will initiate and/or forces will initiate and/or continue combat with continue combat with enemy forcesenemy forces

Always consistent with the Always consistent with the Law of Armed ConflictLaw of Armed Conflict


Elements of Elements of Self DefenseSelf Defense Necessity …Necessity …

Hostile Act (Attack) Occurs or Hostile Act (Attack) Occurs or Hostile Intent (Imminent Hostile Intent (Imminent Attack) Is DemonstratedAttack) Is Demonstrated

Proportionality ...Proportionality ... Force Employed Must Be Force Employed Must Be

Reasonable in Intensity, Reasonable in Intensity, Duration, and Magnitude … Duration, and Magnitude … to Decisively Counter … and to Decisively Counter … and Ensure Safety...Ensure Safety...


Mission Specific ROEMission Specific ROE

CINCs May Produce Additional CINCs May Produce Additional STANDING ROE As Appropriate for STANDING ROE As Appropriate for Conditions in Their AORConditions in Their AOR

Combatant Commanders May Issue Combatant Commanders May Issue Additional ROE for a Specific Operation.Additional ROE for a Specific Operation.

Examples:Examples: DESERT SHIELDDESERT SHIELD DESERT STORMDESERT STORM


Admiral Howell’s GuidanceAdmiral Howell’s Guidance

Distinguish between Military Targets and CiviliansDistinguish between Military Targets and Civilians Avert attacks that have disproportionate impact on civilians Avert attacks that have disproportionate impact on civilians

including non-combatants held in Taliban prisonsincluding non-combatants held in Taliban prisons Provide effective warning to civilian population wherever possibleProvide effective warning to civilian population wherever possible Do not use weapons of indiscriminate effects in areas of civilian Do not use weapons of indiscriminate effects in areas of civilian

populationpopulation Ensures weapons of inadequate targeting capability not be Ensures weapons of inadequate targeting capability not be

employed in areas of civilian populationemployed in areas of civilian population Ensure operating altitude restrictions imposed on aircraft not Ensure operating altitude restrictions imposed on aircraft not

effect adequate ID of targets – in order to avoid civilian collateral effect adequate ID of targets – in order to avoid civilian collateral damagedamage


Additional CINC GuidanceAdditional CINC Guidance

Amnesty International requested Amnesty International requested President Bush tighten Rules of President Bush tighten Rules of EngagementEngagement We will comply in relation to the value of the We will comply in relation to the value of the

targettarget WMD/Military Threat to Forces in CountryWMD/Military Threat to Forces in Country


Ability to Make War with their Ability to Make War with their Weapons of Mass DestructionWeapons of Mass Destruction


Eliminate threat to friendly Eliminate threat to friendly forces near Kandaharforces near Kandahar


Troops en masse along Troops en masse along Pakistani BorderPakistani Border


Eliminate Military Command Eliminate Military Command near Kabul for offensive near Kabul for offensive

operationsoperations


Eliminate Mine ThreatEliminate Mine ThreatEliminate threat to Naval Eliminate threat to Naval

Landing ForcesLanding Forces


Rules of Engagement in the U.S.Rules of Engagement in the U.S. NORAD authority to approve downing of NORAD authority to approve downing of

hijacked airliners in continental U.S.hijacked airliners in continental U.S.

Provide Combatant Commanders Provide Combatant Commanders (Geographic CINCs) authority to shoot (Geographic CINCs) authority to shoot down civilian aircraftdown civilian aircraft

Effects of WarEffects of War


Code of ConductCode of Conduct(Historical)(Historical)

Law of the HagueLaw of the Hague Bound to Give Only Name, RankBound to Give Only Name, Rank

Geneva AccordsGeneva Accords Name, Rank, Date of Birth, Service NumberName, Rank, Date of Birth, Service Number

Korean WarKorean War ““Brainwashing” (Indoctrination)Brainwashing” (Indoctrination) Anti-government StatementsAnti-government Statements Significant Number of POWs Refused RepatriationSignificant Number of POWs Refused Repatriation


Korean Conflict: POW StatisticsKorean Conflict: POW Statistics(Kinkead, Eugene. (Kinkead, Eugene. In Every War But OneIn Every War But One. Norton, 1959). Norton, 1959)

7190 Total Prisoners Taken7190 Total Prisoners Taken 92% in the First Year of the War 92% in the First Year of the War

2634 Died 2634 Died 38% - largest percentage since the Revolution38% - largest percentage since the Revolution

Most (99.6%) Died in the First Year of the WarMost (99.6%) Died in the First Year of the War

4435 Americans Released4435 Americans Released 31 Navy, 196 Marine, 235 Air Force31 Navy, 196 Marine, 235 Air Force

3973 Army3973 Army


Korean Conflict: Korean Conflict: ArmyArmy POW Statistics POW Statistics(Kinkead, Eugene. (Kinkead, Eugene. In Every War But OneIn Every War But One. Norton, 1959). Norton, 1959)

30% of All Prisoners Behaved Inappropriately30% of All Prisoners Behaved Inappropriately General CollaborationGeneral Collaboration Criminal Acts Against Fellow PrisonersCriminal Acts Against Fellow Prisoners Failure to Lead ProperlyFailure to Lead Properly

425 Seriously Collaborated (13%)425 Seriously Collaborated (13%) 82 Cases Approved for Court-martial82 Cases Approved for Court-martial 47 Cases Passed a Four Tier Review Board47 Cases Passed a Four Tier Review Board 12 Collaborators Tried (Plus 2) - Guilty12 Collaborators Tried (Plus 2) - Guilty 21 Collaborators Remained Behind21 Collaborators Remained Behind


Korean Conflict:Korean Conflict:POW Study FindingsPOW Study Findings

Loss of Organizational StructureLoss of Organizational Structure ““Every Man For Himself”Every Man For Himself”

Breakdown of DisciplineBreakdown of Discipline Unrealistic Expectations of CaptivityUnrealistic Expectations of Captivity

Food Aversion, Sanitation, Basic First AidFood Aversion, Sanitation, Basic First Aid Loss of HopeLoss of Hope

Loss of Activity, Loss of InterestLoss of Activity, Loss of Interest Some Units Faired Better Than OthersSome Units Faired Better Than Others

Turks, MarinesTurks, Marines


Code of ConductCode of Conduct(Historical)(Historical)

Executive Order Issued the Code in 1955Executive Order Issued the Code in 1955 Vietnam ConflictVietnam Conflict

Added Torture to Emotional DistressAdded Torture to Emotional Distress Minimal DefectionsMinimal Defections DOD Review Changed Article V:DOD Review Changed Article V:

Deleted the Word “Only”Deleted the Word “Only” Changed “Bound” to “Required”Changed “Bound” to “Required”

Not an ORDER, but a GuidelineNot an ORDER, but a Guideline


Code of Conduct Code of Conduct

ARTICLE I:ARTICLE I: I am an American, fighting in the forces which I am an American, fighting in the forces which

guard my country and our way of life. I am guard my country and our way of life. I am prepared to give my life in their defense. prepared to give my life in their defense.

ARTICLE II:ARTICLE II: I will never surrender of my own free will. If in I will never surrender of my own free will. If in

command, I will never surrender the members of command, I will never surrender the members of my command while they still have the means to my command while they still have the means to resist. resist.


Code of ConductCode of Conduct ARTICLE III:ARTICLE III:

If I am captured I will If I am captured I will continue to resist by continue to resist by all means available. I all means available. I will make every effort will make every effort to escape and to aid to escape and to aid others to escape. I will others to escape. I will accept neither parole accept neither parole nor special favors nor special favors from the enemy. from the enemy.


Code of Code of ConductConduct

ARTICLE IV:ARTICLE IV: If I become a prisoner of If I become a prisoner of

war, I will keep faith with war, I will keep faith with my fellow prisoners. I will my fellow prisoners. I will give no information nor take give no information nor take part in any action which part in any action which might be harmful to my might be harmful to my comrades. If I am senior, I comrades. If I am senior, I will take command. If not, I will take command. If not, I will obey the lawful orders of will obey the lawful orders of those appointed over me and those appointed over me and will back them in every way. will back them in every way.


Code of Code of ConductConduct

ARTICLE V:ARTICLE V: When questioned, should I When questioned, should I

become a prisoner of war, become a prisoner of war, I am I am requiredrequired (bound) to (bound) to give (only) name, rank, give (only) name, rank, service number, and date service number, and date of birth. I will evade of birth. I will evade answering further answering further questions to the utmost of questions to the utmost of my ability. I will make no my ability. I will make no oral or written statements oral or written statements disloyal to my country or disloyal to my country or its allies or harmful to its allies or harmful to their cause. their cause.


Code of ConductCode of Conduct

ARTICLE VI:ARTICLE VI: I will never forget that I am I will never forget that I am

an American, fighting for an American, fighting for freedom, responsible for freedom, responsible for my actions, and dedicated my actions, and dedicated to the principles which to the principles which made my country free. I made my country free. I will trust in my God and in will trust in my God and in the United States of the United States of America.America.


Code of ConductCode of ConductPossible UCMJ ViolationsPossible UCMJ Violations

Article 99 Article 99 Misbehavior Before the EnemyMisbehavior Before the Enemy Article 100 Article 100 Subordinate Compelling Subordinate Compelling

SurrenderSurrender Article 104 Article 104 Aiding the EnemyAiding the Enemy Article 105 Article 105 Misconduct as a PrisonerMisconduct as a Prisoner Article 106 Article 106 SpiesSpies Article 106A Article 106A EspionageEspionage Article 134 Article 134 Disloyal StatementsDisloyal Statements


Questions ???Questions ???

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