Transcript Document 7147316

MILITARY JUSTICE AND
YOU
WHY DO WE HAVE A SEPARATE
MILITARY JUSTICE SYSTEM?
• PROMOTE JUSTICE
• HELP MAINTAIN GOOD
ORDER AND DISCIPLINE
IN THE ARMED FORCES
• PROMOTE EFFICIENCY
AND EFFECTIVENESS IN
THE MILITARY
• STRENGTHEN
NATIONAL SECURITY
COMPARISON OF MILITARY AND
CIVILIAN JUSTICE SYSTEMS
• ARTICLE 32 HEARING v.s. GRAND JURY
• RIGHT TO COUNSEL
• JURY SYSTEM
• GUILTY PLEAS
LEGAL SOURCES OF
MILITARY JUSTICE
•
•
•
•
•
US Constitution
Uniform Code of Military Justice
Manual for Courts-Martial, U.S., 1984
Local Regulations
Court Decisions
KEY PERSONNEL IN THE
MILITARY JUSTICE
SYSTEM
• COMMANDER
•
•
•
•
•
Staff Judge Advocate
Trial Counsel
Defense Counsel
Military Judge
Legal Specialist/ Court Reporter
UCMJ JURISDICTION
•
OVER THE PERSON:
– ACTIVE DUTY SOLDIERS & RESERVISTS WHILE ON AD
– MILITARY ACADEMY CADETS AND MIDSHIPMAN
– NATIONAL GUARD PERSONNEL IN FEDERAL SERVICE UNDER
TITLE 10, U.S.C.
– ENEMY PRISONERS OF WAR
– OTHERS
•
OVER THE OFFENSE:
– WORLDWIDE JURISDICTION
– POSSIBLE CONCURRENT JURISDICTION
CRIMES UNDER THE UCMJ
• COMMON LAW CRIMES
• MILITARY CRIMES
Preliminary Investigation:
•When are Rights Warnings Required?
–Before any official questioning of an accused or
suspect
WHAT IS THE SOURCE AND
CONTENT OF THE WARNINGS?
• Article 31, UCMJ, component
– Nature of the suspected offense
– The Right to remain silent
– Any statement made can be used at trial
• 5th Amendment/Miranda Component
– Right to consult an attorney prior to
questioning and have an attorney present
during questioning
• 6th Amendment Component
– Right to representation at all critical stages
HOW TO CONDUCT A
GOOD INTERVIEW
• DEVELOP A LIST OF QUESTIONS BEFORE
STARTING THE INTERVIEW USING THE
ELEMENTS OF THE OFFENSE(S) IN PART IV OF
THE MCM.
• HAVE A THIRD PARTY SIT IN ON THE INTERVIEW
IF POSSIBLE. THE OBSERVER TAKES NOTES.
YOU ASK OPEN-ENDED QUESTIONS AND LISTEN.
HOW TO CONDUCT A
GOOD INTERVIEW (cont.)
• WRITTEN RIGHTS WAIVER
CERTIFICATES AND SWORN
STATEMENTS ARE GREAT, BUT NOT
REQUIRED. DO THE BEST WITH WHAT
YOU HAVE.
• CONDUCT THE INTERVIEW IN A
PLEASANT SETTING WITH AMPLE
BREAKS TO AVOID A DUE PROCESS
(COERCION) CHALLENGE.
SEARCH AND SEIZURE
MESS IT UP AND GET YOUR NAME MEMORIALIZED
IN AN APPELLATE COURT OPINION!
SEARCH AND SEIZURE
• 4TH AMENDMENT
• “The right of the
people to be secure...
against unreasonable
searches and seizures,
shall not be violated,
and no warrants shall
be issue but upon
probable cause...”
SEARCHES NOT REQUIRING
AUTHORIZATION
• Consent Search
– Voluntary consent
(shown by clear &
convincing evidence)
– May be partial/limited
– Good insurance, always
ask for it
SEARCHES NOT REQUIRING
AUTHORIZATION (cont.)
• Investigative Detention/Frisks
– IF DETAINING OR FRISKING, YOU GET
TO SEARCH THE PERSON AND THE
IMMEDIATE AREA SUBJECT TO HIS
CONTROL
SEARCHES NOT REQUIRING
AUTHORIZATION (cont.)
• Exigent
Circumstances
– If delay threatens
removal, destruction,
or concealment of
evidence
ADMINISTRATIVE
INSPECTIONS
• COMMANDERS HAVE THE
RIGHT AND DUTY TO
INSPECT TROOPS AND
EQUIPMENT
• PRIMARY PURPOSE: TO
ENSURE SECURITY,
FITNESS (e.g.. HEALTH,
SAFETY), OR GOOD
ORDER AND DISCIPLINE NOT EVIDENCE OF A
CRIME
HANDLING EVIDENCE
• PRESERVE CONDITION OF EVIDENCE
• PRESERVE CHAIN OF CUSTODY
Then What?
Offenses Should Be Disposed of in a Timely
Manner, at the Lowest Appropriate Level
NON-PUNITIVE MEASURES TO
MODIFY BEHAVIOR/CONDUCT
• COUNSELING:
ORAL AND
WRITTEN
• BAR TO
REENLISTMENT
• ADMONITIONS &
REPRIMANDS
•ADMINISTRATIVE
REDUCTION
•SEPARATION
ACTIONS
Factors Considered When
Choosing Your Course of Action:
•
•
•
•
Service Record
Nature of Offense
Harm Done
Punishment
Available
• Cooperation
• Available Evidence
THE BAR TO REENLISTMENT
• THE ARMY DESIRES TO RETAIN ONLY THOSE
SOLDIERS OF HIGH MORAL CHARACTER,
COMPETENCE, AND DEMONSTRATED
ADAPTABILITY (AR 601-280).
• INITIATION OF PROCEEDINGS REQUIRED FOR:
FAILURE TO MAKE SATISFACTORY PROGRESS
IN ARMY WEIGHT CONTROL PROGRAM, 2
CONSECUTIVE APFT FAILURES, REMOVAL FOR
CAUSE FROM NCOES COURSES.
BAR TO REENLISTMENT -PROCEDURES
• INITIATE THE BAR
• NOTICE TO AND REBUTTAL BY SOLDIER
• APPROVAL OF BAR
• PERIODIC REVIEW BY UNIT
COMMANDER
BAR TO REENLISTMENT -PROCEDURES
• INITIATE THE BAR
• NOTICE TO AND REBUTTAL BY SOLDIER
• APPROVAL OF BAR
• PERIODIC REVIEW BY UNIT
COMMANDER
THE ADMINISTRATIVE
REPRIMAND
• OFFICIALLY DOCUMENTS MISCONDUCT OR
POOR PERFORMANCE IN OFFICIAL FILES
(AR 600-37)
• AFTER INITIATED, SOLDIER MAY REBUT IN
WRITING
• FILING OF LETTER
ENLISTED ADMINISTRATIVE
SEPARATIONS
(AR 635-200)
• SOLDIERS ALWAYS AFFORDED NOTICE
& AN OPPORTUNITY TO RESPOND
• ENTITLED TO A BOARD IF MORE THAN 6
YEARS OF SERVICE, OR OTHER THAN
HONORABLE DISCHARGE SOUGHT
PUNITIVE OPTIONS
• NONJUDICIAL
PUNISHMENT
(ARTICLE 15)
• SUMMARY
COURTMARTIAL
• SPECIAL
COURTMARTIAL
•BAD CONDUCT
DISCHARGE
(BCD) SPECIAL
COURT-MARTIAL
•GENERAL
COURT-MARTIAL
NONJUDICIAL PUNISHMENT
“... any COMMANDING OFFICER
may, in addition to or in lieu of
admonition or reprimand,
impose one or more of the
following disciplinary
punishments for minor offenses
without the intervention of a court-martial...”
ARTICLE 15 -- INITIAL
RESPONSIBILITIES
OF THE COMMANDER
• PRELIMINARY INVESTIGATION
– Whether offense was committed
– Whether soldier was involved
– Character & military record of the soldier
• DA FORM 2627 or 2627-1
• NOTIFICATION OF SOLDIER
SOLDIERS’ RIGHTS IN ART 15’s
• FORMAL AND SUMMARIZED
–
–
–
–
–
–
Remain Silent
Examine Evidence
Present a Defense
Call Witnesses
Demand Trial by Court-martial
Have an Appeal
• FORMAL ART 15’s HAVE ADDITIONAL
RIGHTS, SEE NEXT SLIDE
SOLDIER’S RIGHTS IN ART 15’S
• Additional rights available only in Formal
Article 15’s (both Company Grade and
Field Grade)
– Consult with counsel
– Have a spokesperson
– Ask for an open hearing
HOW TO: ART 15 HEARING
• PURPOSE: Determine if the accused
committed the offense; and if so impose
punishment
• COMMANDER’S ACTIONS:
–
–
–
–
Consider the evidence presented
Decide guilt or innocence
Impose appropriate punishment
Explain rights to appeal
• STANDARD: CO must be certain of guilt
BEYOND A REASONABLE DOUBT.
ART 15 PUNISHMENTS
CATEGORIES
•
•
•
•
•
•
Admonishment/Reprimand
Forfeiture of Pay
Restriction
Extra Duty
Reduction in Rank
Correctional Custody
• Amount of punishment depends on rank of
accused and imposer
ART 15 APPEALS
• PROCEDURE;
– Written appeal (some CO’s permit personal
appearance)
– Submitted thru imposing CO
• APPELLATE AUTHORITY
– Next highest level commander
FILING OF AN ARTICLE 15
• SUMMARIZED: KEPT IN UNIT
(LOCAL) FILE FOR TWO
YEARS OR TRANSFER
• FORMAL: DEPENDS UPON
PAYGRADE OF ACCUSED
– E-4 and below it is filed locally
– E-5 and above it is filed in the
OMPF
COURTS-MARTIAL
SUMMARY
SPECIAL
BAD CONDUCT SPECIAL
GENERAL
PREFER & FORWARD CHARGES
PREFER & FORWARD CHARGES
• DD FORM 458 (CHARGE SHEET), AND R.C.M. 307
PROVIDE INSTRUCTIONS
– CHARGE & SPECIFICATION FORMAT
• OATH & PERSONAL KNOWLEDGE or INVESTIGATION
• FORWARD TO SCMCA WITH RECOMMENDATION
PRETRIAL RESTRAINT IS
AUTHORIZED UPON PROBABLE
CAUSE THAT:
• UCMJ Offense has been committed,
• Accused committed it; and
• Restraint is REQUIRED to ensure the
accused’s presence or to prevent
foreseeable serious criminal misconduct
FORMS OF PRETRIAL
RESTRAINT
 Conditions on liberty
 Restriction
(in lieu of arrest)
 Arrest
 Confinement
PRETRIAL CONFINEMENT
INFORM THE SJA!
SPEEDY TRIAL REQUIREMENTS
• 120-Day Rule
• 90-Day Rule
10 COMMANDMENTS OF
UNLAWFUL COMMAND
INFLUENCE
1) Commander may NOT order a subordinate to
dispose of a case in a certain way.
2) Commander must not have an inflexible policy on
disposition or punishment.
3) Commander, if the accuser, may NOT refer the
case.
4) Commander may neither select nor remove court
members in order to obtain a particular result.
10 Commandments of Unlawful
Command Influence
5) No outside pressures may be placed on the judge or
court members to arrive at a particular decision.
6) Witnesses may NOT be intimidated or discouraged
from testifying.
7) The COURT decides punishment. Accused may
NOT be punished before trial.
10 Commandments of
Unlawful Command Influence
8) Recognize that subordinates & staff may “commit”
command influence that will be attributed to the CO,
irregardless of his knowledge or intentions.
9) Commander may not have an inflexible attitude
towards clemency.
10) If a mistake is made, raise the issue immediately.
RECAP OF MAIN TEACHING
POINTS
• Comparison of Military & Civilian Justice
Systems
• UCMJ Jurisdiction
• Rights Warnings before official questioning
• Search Authorization/ Admin. inspections
• Nonpunitive Administrative Actions
• Article 15, How to
• Pretrial Restraint
• Initiation of Court-martial Charges
• Unlawful Command Influence
DoD POLICY ON
HOMOSEXUAL
CONDUCT
DoD Policy on Homosexual Conduct
•
•
•
•
•
At the conclusion of this session, you will be
able to:
State basic points of DoD Policy
Define Sexual Orientation
State Commander’s Responsibilities
Describe characteristics of credible information
List staff resources who can provide assistance
The Policy:
Suitability is based
on CONDUCT
SEXUAL ORIENTATION
• Is a personal/private
matter
• Is “an abstract
sexual preference for
persons of a
particular sex as
distinct from a
propensity to engage
in sexual acts”
DEFINITIONS
• Propensity: Indicates a likelihood that a
person engages in or will engage in
homosexual acts
• Homosexual: A person, regardless of sex,
who engages in, attempts to engage in,
has a propensity to engage in, or intends
to engage in homosexual acts
WHAT IS HOMOSEXUAL
CONDUCT? S.A.M.
• STATEMENT
• ACT
• MARRIAGE
BETWEEN
THE SAME
SEX
STATEMENT
• Conveyed through
language or
behavior
• Indicates a
propensity or
intent to engage in
homosexual acts
• IS REBUTTABLE
ACTS
• ANY BODILY CONTACT:
• Activily undertaken or
passively permitted, between
same sex persons for the
purpose of satisfying sexual
desires
• That a reasonable person
would understand to show a
propensity or intent to engage
in act described above
Behaviors which are not
homosexual acts
• Associating with known homosexuals
• Marching in a gay rights rally in
civilian clothes
• Possessing or reading homosexual
publications
• Going to a gay bar
RECAP
• Sexual Orientation is a
private/personal matter
• CONDUCT determines
suitability for service
• Homosexual Conduct
(SAM) is justification
for administrative
discharge
DoD POLICY ON
HOMOSEXUAL CONDUCT
AFFECTS
•
•
•
•
•
Accessions
Separations
Criminal Investigations
Security Investigations
Military Training
ACCESSIONS
• Sexual orientation
ALONE is not a bar
• Will not be asked to
reveal whether they
are heterosexual,
homosexual, or
bisexual
• All will be informed of
policy
SEPARATIONS
• Based on CONDUCT
• Three bases: S A M
• Discharge for engaging in
homosexual conduct will
be “honorable” or “under
honorable conditions”
• A Court-Martial can have
worse consequences.
CRIMINAL INVESTIGATIONS
• Not done solely to determine
sexual orientation
• Sexual misconduct alone,
between consenting adults, in
private, is generally
insufficient to prompt a
criminal investigation
CRIMINAL INVESTIGATIONS
• Allegations of sexual
misconduct handled
by CO in the absence
of aggravating factors
• If CO is uncertain
what to do call JAG
PERSONNEL SECURITY
• No investigation solely to determine
sexual orientation
• No questions about sexual orientation
on Security Questionaire
• Only sexual CONDUCT can be
questioned
• No info about sexual orientation or
conduct can be used for separation
MILITARY TRAINING
• Soldiers are to be
informed of policy
• Commanders,
recruiters, and
investigators, etc.,
are to be informed
of the policy
Commander’s Responsibilities
• Ensure soldiers are briefed on DoD Policy
on homosexual conduct
• Ensure refresher and optional individual
training in Military Justice, IAW AR 2710, paragraph 19-2f
HOW SHOULD A
COMMANDER RESPOND
TO ALLEGATIONS OF
HOMOSEXUAL CONDUCT?
WHAT THE CO SHOULD DO:
• Determine if the conduct fits the DoD
definition of homosexual conduct
(SAM)
• Verify that the information is credible
• Start informal fact-finding only if
credible info exists
WHAT IS CREDIBLE INFO?
• Comes from a reliable source
• Is an observation (sight or sound) of
conduct
• Would lead reasonable person to believe
the person making the statement or act
intended to convey the fact that he/she
engages in or has propensity to engage in
homosexual conduct.
HOW SHOULD YOUR COMMANDER
CARRY OUT THE INQUIRY?
• Confine all
questions to
homosexual
conduct (NOT
orientation!)
• Verify that info is
credible
• Seek legal advice
as needed
RESOURCES AVAILABLE TO
SUPPORT YOU
• SJA
• MP
• CID
REVIEW
• Basic Points of
DoD Policy
• Definitions
• CO
Responsibilities
• Available
Assistance
Questions Concerning the DoD Policy
on Homosexual Conduct
Application of the DoD
Policy
(Discussion of Scenarios)
The Law of War
Outline of Instruction
 Background
 Forbidden targets, tactics, and
techniques
 Enemy captives and detainees
 Civilians and private property
 War crimes
 Summary
BACKGROUND
HISTORY OF THE LAW OF WAR
ANCIENT/BIBLICAL
MIDDLE AGES
CHIVALRY
GROTIUS
GENERAL ORDER 100
GENEVA/HAGUE CONVENTIONS
BY WARRIORS
FOR WARRIORS
THAT WAS THEN ...
“War is an act of force to compel our
enemy to do our will. … Attached to
force are certain self-imposed,
imperceptible limitations hardly worth
mentioning, known as international
law and customs, but they scarcely
weaken it.”
Clausewitz, 1820
THIS IS NOW ….
“The Armed Forces of the United States
will comply with the law of war during
the conduct of all military operations
and related activities in armed conflict,
however such conflicts are
characterized.”
CJCSI 5810.01,
12 August 1996
SOURCES OF THE LAW OF
WAR
CUSTOM
TREATIES OR CONVENTIONS
Hague Regulations
1949 Geneva Conventions
U.S. CONSTITUTION ARTICLE VI
DoD.Dir 5100.77
CJCSI 5810.01
WHY STUDY/OBEY THE LAW
OF WAR?
IT'S THE LAW
ENHANCES PUBLIC SUPPORT
ENCOURAGES RECIPROCAL
TREATMENT BY THE ENEMY
YOU'RE PERSONALLY LIABLE FOR
YOUR VIOLATIONS
TREATIES REQUIRE WE STUDY "LAW
OF WAR"
WHY STUDY/OBEY THE LAW
OF WAR?
 YOU MAY BE LIABLE FOR
SUBORDINATE'S VIOLATIONS
 VIOLATIONS OF THE "LAW OF WAR"
GAIN NOTHING
 OUR VIOLATIONS STRENGTHEN ENEMY
RESOLVE AND WEAKEN US
THE BOTTOM LINE
RESPECT FOR THE LAW OF WAR
SEPARATES UNRULY MOBS FROM
PROFESSIONAL SOLDIERS.
PURPOSES OF THE LAW OF
WAR
PREVENT UNNECESSARY
SUFFERING
SAFEGUARD FUNDAMENTAL
RIGHTS
FACILITATE RESTORATION
OF PEACE
LEGAL
PRINCIPLES
 MILITARY NECESSITY
 HUMANITY
 PROPORTIONALITY

DISCRIMINATION
MILITARY NECESSITY
NOT FORBIDDEN BY INTERNATIONAL
LAW AND INDISPENSABLE FOR
COMPLETE SUBMISSION OF THE
ENEMY AS SOON AS POSSIBLE (FM 2710 PAR. 3)
HUMANITY
 UNNECESSARY SUFFERING

INCIDENTAL INJURY
 COLLATERAL DAMAGE
PROPORTIONALITY
UNNECESSARY SUFFERING
MUST NOT BE EXCESSIVE
IN RELATION TO THE
CONCRETE AND DIRECT
MILITARY ADVANTAGE
FM 27-10, para. 41, Ch 1
DISCRIMINATION
 PERSONS

PLACES

PROPERTY
FORBIDDEN TARGETS,
TACTICS, AND
TECHNIQUES
Noncombatants
Parachutist v. Paratrooper
Protected symbols
Principles revisited
Protected property
Weapons and Tactics
Noncombatants
DIPLOMATS & EMBASSY
PERSONNEL
STAFF OF RELIEF SOCIETIES
MEDICAL PERSONNEL&
CHAPLAINS
NONBELLIGERENT CIVILIANS
SICK AND WOUNDED
PWs
COMMON ARTICLE 3
PROHIBITIONS
(also applicable to OOTW)
 VIOLENCE TO LIFE AND PERSON, IN PARTICULAR, MURDER,



MUTILATION, CRUEL TREATMENT, AND TORTURE
TAKING OF HOSTAGES
OUTRAGES UPON PERSONAL DIGNITY, IN PARTICULAR,
HUMILIATING AND DEGRADING TREATMENT
THE PASSING AND EXECUTION OF SENTENCES WITHOUT
ANNOUNCEMENT OF A JUDGMENT IN A REGULARLY
CONSTITUTED COURT WHICH AFFORDS THE ACCUSED THE
BASIC TENANTS OF DUE PROCESS OF LAW RECOGNIZED AS
INDISPENSABLE BY THE CIVILIZED PEOPLE OF THE WORLD
Parachutist v. Paratrooper
Parachutists jumping from disabled aircraft
are considered noncombatants
Paratroopers jumping as a means to get to
the fight are combatants
Protected Symbols
Red Cross
Red Crescent
Red Star of David
Protected property
Churches
Schools
Museums
Hospitals
Cultural
PROTECTED PERSONS AND PROPERTY
 NO PROTECTION IS ABSOLUTE - MISUSE OR ABUSE RESULTS


IN LOSS OF PROTECTION
WHAT DO WE DO IF A PROTECTED PLACE OR PERSON IS HIT
BY ACCIDENT?
 REPORT IT.
 INVESTIGATE AND DOCUMENT IT.
 MITIGATE IT (CARE FOR VICTIMS/COMPENSATE)
TRY TO AVOID THE PROBLEM. FOR EXAMPLE, IF A
HOSPITAL IS BEING MISUSED BY THE ENEMY, WE ATTEMPT
TO WARN BEFORE STRIKING, UNLESS OPERATIONAL
REQUIREMENTS DICTATE OTHERWISE.
Weapons and Tactics
“Legal” weapons
Chemical weapons
Biological weapons
Stratagems and Ruses
Treachery and Perfidy
Reprisals
“Legal” weapons
1. All weapon systems in the
U.S. inventory are legal
2. Military advantage v. suffering caused
3. “Legal” weapons can be used illegally
4. Prohibited weapons
WEAPONS
 SMALL ARMS
• Prohibition on exploding or
expanding ammunition.



FRAGMENTATION
INCENDIARIES
LASERS
MINES AND BOOBY TRAPS
 USE IS PERMITTED UNDER THE LAW OF WAR
SUBJECT TO THE FOLLOWING
 LIMITATIONS:
INDISCRIMINATE USE PROHIBITED (MUST
TARGET MILITARY)
CAN NOT BE USE IN A MANNER TO TAKE
ADVANTAGE OF THE ENEMY’S COMPLIANCE
WITH THE LAW OF WAR (CAN NOT BOOBY
TRAP CORPSES
WITH MINES, THERE MUST BE SIGNS, A PLAN
FOR RECOVERY, OR A MAP TO PERMIT
RECOVERY (W.W.I MINES ARE STILL KILLING
CIVILIANS
Chemical weapons
1. No “second use” anymore
2. Riot Control Agents (RCA):
probably no use anymore
Biological weapons
1. The U.S. has renounced all use
of biological weapons
2. The U.S. will use herbicides only
for domestic or defensive purposes
3. The U.S. will not use herbicides
first in armed conflict
Stratagems and Ruses
Permitted activities
Ambushes
Bribes
Psyops
Use of enemy equipment/clothing
Treachery and Perfidy
Prohibited activities include:
- misuse of symbols
- feigning surrender
- killing EPWs
- misuse of protected places
- human shields
Reprisals
Authorized only if:
Timely
Responsive to enemy act
Lesser response ineffective
Proportional
Not against protected persons
Ordered by NCA
ENEMY CAPTIVES AND DETAINEES
Allow surrender
Humane treatment
No coercion
ENEMY CAPTIVES AND DETAINEES
Provide medical care
Safeguard captives
Don’t take personal property
TREAT EPWs HUMANELY
 MUST RECEIVE HUMANE TREATMENT
 PROPER MEDICAL CARE, FOOD, CLOTHING, AND SHELTER
 RESPECT FOR THEIR PERSONS AND PROPERTY
 PROMPT EVACUATION FROM COMBAT ZONE
 MAY NOT BE COMPELLED TO PERFORM DANGEROUS,



HUMILIATING, OR WAR-RELATED LABOR
FREE TO PRACTICE RELIGION
NO TORTURE, CANNOT USE COERCION TO OBTAIN
INFORMATION
MAY NOT KILL BECAUSE PRESENCE RETARDS A MILITARY
OPERATION
RIGHTS OF PRISONERS OF WAR
 RIGHT TO SANITARY, PROTECTIVE HOUSING AND CLOTHING
 RIGHT TO SUFFICIENT FOOD TO MAINTAIN GOOD HEALTH
 RIGHT TO ADEQUATE MEDICAL CARE AND NECESSARY



FACILITIES TO ENSURE PROPER HYGIENE
RIGHT TO RETAIN MOST PERSONAL PROPERTY EXCEPT
ARMS, MILITARY EQUIPMENT AND DOCUMENTS
RIGHT TO SEND AND RECEIVE MAIL AND RECEIVE
PACKAGES CONTAINING FOODSTUFFS, CLOTHING, AND OR
RELIGIOUS, EDUCATIONAL, OR RECREATIONAL MATERIAL
RIGHT TO HAVE A PRISONERS' REPRESENTATIVE
CIVILIANS AND PRIVATE PROPERTY
Don’t violate civilians’ rights in war zones
Ensure the safety of civilians
Don’t burn or steal civilian property
WAR CRIMES
Do your best to prevent crimes
Don’t violate the laws of war
Report crimes immediately through your
chain of command
RULES OF
ENGAGEMENT
 LAW OF WAR
 MILITARY PLANS
 POLITICAL POLICY
 PUBLIC OPINION
RAMP
A TRAINING SYSTEM FOR
RULES OF ENGAGEMENT
RETURN FIRE
ANTICIPATE ATTACK.
MEASURE THE AMOUNT OF FORCE USED.
PROTECT WITH DEADLY FORCE ONLY
HUMAN LIFE AND PROPERTY DESIGNATED
BY YOUR COMMANDER.
RULES OF
ENGAGEMENT
OPERATORS AND TRAINERS,
NOT LAWYERS
RULES OF
ENGAGEMENT
• HISTORICAL MODEL
• CURRENT XVIII AIRBORNE
CORPS MODEL
– RAMP
ROE - WHY?
NUCLEAR ESCALATION FEARS
DURING COLD WAR
“YOU ARE THERE” COMMO
“YOU ARE THERE” NEWS MEDIA
ROE = INFLUENCE OF POLITICAL FACTORS
ON BATTLEFIELD SITUATIONS
ROE - THE CHALLENGES
NOT REALLY PART OF OUR CULTURE
(ADD-ON, NUISANCE)
NO REAL ARMY DOCTRINE
(ALL SITUATIONAL)
PLENTY OF “HELP”(LAWYERS, MEDIA,
ALLIES, POLITICAL LEADERS, SENIOR
OFFICERS)
GETTING IT WRONG MAY CAUSE
MISSION FAILURE
TRADITIONAL ROE
EXAMPLE 1
UNITAF, SOMALIA:
“YOU ARE AUTHORIZED TO USE
DEADLY FORCE IN SELF-DEFENSE IF
THERE IS A CLEAR DEMONSTRATION
OF HOSTILE INTENT IN YOUR
PRESENCE.”
WHAT IS A “CLEAR DEMONSTRATION OF
HOSTILE INTENT”?
TRADITIONAL ROE
EXAMPLE 2
JTF CORTINA: “FOR EACH MISSION,
PILOTS MUST BE BRIEFED ON THE
LOCATIONS OF CIVILIANS AND
FRIENDLY FORCES.”
HOW DO WE KNOW WHERE CIVILIANS
CAN BE FOUND?
IF WE DON’T KNOW, CAN WE STILL FLY
AND SHOOT?
TRADITIONAL ROE
EXAMPLE 3
JTF-B, HONDURAS: MILITARY
PERSONNEL RECEIVING HOSTILE
FIRE ARE AUTHORIZED TO
RETURN FIRE, IF THIS IS
NECESSARY IN SELF-DEFENSE.
CAN WE SHOOT OR NOT?
WHAT’S WRONG WITH
THIS PICTURE?
ROE FOR/BY LAWYERS SOPHISTICATED TERMS
NEED AN INTENT/CONCEPT, NOT
SPECIFIC “LAUNDRY LIST”
ROE USUALLY COME LATE IN THE
GAME - DICTATED RATHER THAN
TRAINED
TOO MUCH LEGALISM, NOT ENOUGH TRAINING FOCUS
RAMP- ALTERNATIVE
APPROACH
 TASK/CONDITION/STANDARD
 “RAMP” MEMORY KEY-WORD(LIKE
SPORTS, METT-T, OCOKA, SALUTE,
5 S’s)
 STX ITERATIONS
USING ROE = A TASK LIKE ANY OTHER
RAMP
RETURN FIRE WITH AIMED FIRE.
ANTICIPATE ATTACK.
MEASURE THE AMOUNT OF FORCE YOU
USE.
PROTECT WITH DEADLY FORCE ONLY
HUMAN LIFE AND PROPERTY
DESIGNATED BY YOUR COMMANDER.
RETURN FIRE
WITH AIMED FIRE
YOU ALWAYS CAN SHOOT BACK (RIGHT
OF SELF-DEFENSE)
AIMED FIRE IS KEY; IT KILLS BAD GUYS
AND PROTECTS THE INNOCENT
ANTICIPATE ATTACK
YOU DON’T HAVE TO TAKE THE FIRST HIT.
“HAND SALUTE” IF UNSURE
HAND - WHAT IS HE HOLDING?
S (ize) - HOW MANY?
A (ctivity) - WHAT IS HE DOING?
L (ocation) - HOW CLOSE? HOW NEAR OTHERS?
U (niform) - IS HE IN UNIFORM/ORGANIZED?
T (ime) - HOW SOON UNTIL HE’S ON YOU?
E (quipment) - WHAT WEAPONS?
DESIGNATED HOSTILES CAN ALWAYS BE
ENGAGED (UNIFORM, EQUIPMENT,
ACTIVITY)
MEASURE THE AMOUNT
OF FORCE YOU USE



MEASURE IF YOU HAVE TIME TO DO SO.
USE FORCE APPROPRIATE TO THE
TARGET/SITUATION.
VEWPRIK CONCEPT:
V - VERBAL WARNING IN LOCAL LANGUAGE;
E - EXHIBIT WEAPON
W - WARNING SHOT
P - PEPPER SPRAY
R - RIOT STICK
I - INJURE WITH FIRE
K - KILL WITH FIRE
PROTECT WITH
DEADLY FORCE
HUMAN LIFE
PROTECT OTHER SOLDIERS,
ALLIES, CIVILIANS, PRISONERS
PROTECT PROPERTY DESIGNATED
BY YOUR COMMANDER
(EMBASSY, AIRCRAFT, AMMO
STORAGE, AID STATION)
DOES RAMP WORK?
101st ABN (AASLT) DIV TESTED RAMP
TRAINING
 TF 1-327 IN NEO (JRTC 94-10)
 TF 2-502 IN NEO (CORPS EDRE)
 TF 1-327 IN NGO SECURITY (JRTC 95-07)
BOTTOM LINE:
SOLDIERS UNDERSTAND IT
ENEMY IS KILLED
CIVILIANS/FRIENDLIES ARE NOT KILLED
CONSIDERATIONS FOR TARGETING
LAWFUL VS. PROTECTED
COMBATANTS V.
NONCOMBATANTS
/CIVILIANS
MILITARY OBJECTIVES
PROTECTED PLACES OR
PROPERTY
TARGETING CONSIDERATIONS SUMMARY
VERIFY THE TARGET
MINIMIZE UNNECESSARY SUFFERING AND
COLLATERAL DAMAGE
PROPORTIONALITY
FIGHT AND WIN
BY THE
RULES
IT’S THE AMERICAN WAY OF WAR