1. Purpose and Scope
a. The purpose of these Standing Rules of Engagement (SROE) is to provide implementation guidance on the inherent right and obligation of self-defense and the application of force for mission accomplishment. The SROE establish fundamental policies and procedures governing the actions to be taken by Marines during Operation _____
b. Except as augmented by supplemental rules of engagement for specific operations, missions, or projects; the policies and procedures established herein remain in effect until rescinded.
c. Marines will always comply with the Law of Armed Conflict. However, not all situations involving the use of force are armed conflicts under international law. In those circumstances when armed conflict, under international law, does not exist - Law of Armed Conflict principles may be applied as a matter of command policy. If armed conflict occurs, the actions of Marines will be governed both by the Law of Armed Conflict and the Rules of Engagement (ROE).
2. Policy
a. These rule do not limit a commander's inherent authority and obligation to use all necessary means available and to take appropriate action in self-defense of the commander's unit and other U.S. forces in the vicinity.
b. (MOUT Homepage Note: The following ROE is for training. However, they are based on lessons learned and international law.) Our mission is to assist in the United Nations (UN) mandated operation to restore the legitimate government of _____. Inherent in our mission is the responsibility to protect our forces, and in certain circumstances; U.S. citizens and their property, U.S. commercial assets; and other designated non-U.S. forces, foreign nationals and their property from hostile attack. In the event that hostilities escalate, this SROE provides the flexibility to respond to crises with options that:
(1) Are proportional to the provocation.
(2) Are designed to limit the scope and intensity of the conflict.
(3) Will discourage further escalation of the conflict.
(4) Will not hinder achieving the United States' political and military objectives.
3. Intent
These SROE are intended to :
a. Provide general guidelines on self-defense and are applicable worldwide to all echelons of the SPMAGTF(X).
b. Provide guidance governing the use of force consistent with mission accomplishment.
c. Be used in Military Operations Other than War (MOOTW), during transition from peace to armed conflict or war, and during armed conflict in the absence of superseding guidance.
DEFINITONS:
a. Inherent Right of Self Defense: A commander has the authority and obligation to use all necessary means to take all appropriate action to defend that commander's unit and other U.S. forces in the vicinity from a hostile act or demonstrated hostile intent. Neither these rules nor the supplemental measures activated to augment these rules limit this inherent right and obligation. At all times, however, the requirements of necessity and proportionality as amplified in these SROE will be the basis for the judgement of the commander as to what constitutes an appropriate response to a particular hostile act or demonstration of hostile intent.
b. National Self-Defense: National self-defense is the act of defending the United States, U.S. forces; and in certain circumstances, U.S. citizens and their property, U.S. commercial assets, and other designated non-U.S. forces, foreign nationals and their property from a hostile act of hostile intent. Once a force or terrorist unit/group is declared hostile by appropriate authority, exercising the right and obligation of national self-defense Marines do not need to observe a hostile act or determine hostile intent before engaging that force.
NOTE: Collective self-defense, as a subset of national self-defense, is the act of defending other designated non=U.S. forces, personnel and their property from a hostile act or demonstration of hostile intent. Only the National Command Authority (NCA) may authorize U.S. forces to exercise collective self-defense.
c. Unit Self-Defense: Unit self-defense is the act of defending a particular unit of U.S. forces, including elements or personnel thereof, and other U.S. forces in the vicinity, against a hostile act or hostile intent. The need to exercise unit self-defense may arise in many situations such as localized low-level conflicts, humanitarian efforts, peace enforcement actions, terrorist response, or prolonged engagements. Individual self-defense is a subset of unit self-defense.
d. Elements of Self-Defense: The application of armed force in self-defense requires the following two elements:
(1) Necessity: A hostile act occurs or a force or terrorist unit/group exhibits hostile intent.
(2) Proportionality: The force used must be reasonable in intensity, duration and magnitude. This is based on all facts known to the commander at the time to decisively counter the hostile act or hostile intent and to ensure the continued safety of U.S. forces.
e. Hostile Act: A hostile act is an attack or other use of force by a foreign force or terrorist unit/group (organization or individual) against the United States, U.S. forces; and in certain circumstances, U.S. citizens, their property, U.S. commercial assets, and other designated non-U.S. forces, foreign nationals and their property. It is also force used directly to preclude or impede the mission and/or duties of U.S. forces, including the recovery of U.S. personnel and U.S. government property. When a hostile act is in progress, the right exists to use proportional force, including armed force, in self-defense by all necessary means available to deter or neutralize the potential attacker, or if necessary, to destroy the threat.
f. Hostile Intent: Hostile intent is the threat of imminent use of force by a foreign force or terrorist unit/group (organization or individual) against the United States, U.S. forces; and in certain circumstances, U.S. citizens, their property, U.S. commercial assets, or other designated non-U.S. forces, foreign nationals and their property. When hostile intent is present, the right exists to use proportional force, including armed force, in self-defense by all necessary means available to deter or neutralize the potential attacker, or if necessary, to destroy the threat.
g. Hostile Force: Any force or terrorist unit/group (civilian, paramilitary or military), with or without national designation, that has committed a hostile act, demonstrated hostile intent or has been declared hostile.
4. Declaring a Force Hostile:
Once a force is declared hostile by the appropriate authority, U.S. units need not observe a hostile act or a demonstration of hostile intent before engaging that force. The responsibility for exercising the right and obligation of national self-defense and declaring a force hostile is a matter of the utmost importance demanding considerable judgement of command. All available intelligence, the status of political decision and the potential consequences for the United States must be carefully weighed. Exercising the right and obligation of national self-defense by competent authority is in addition to and does not supplant the right and obligation to exercise unit self-defense. The authority to declare a force hostile is limited to -----.
5. Authority to Exercise Self-Defense:
a. National Self-Defense: The authority to exercise national self-defense is outlined in -----.
b. Collective Self-Defense: Only the NCA may authorize the exercise of collective self- defense.
c. Unit Self-Defense: A unit commander has the authority and obligation to use all necessary means available and to take all appropriate action to defend the unit; including elements and personnel thereof, or other U.S. forces in the vicinity; against a hostile act or hostile intent. In defending against a hostile act or hostile intent under these SROE, unit commanders should use only that degree of force necessary to decisively counter the hostile act or hostile intent and to ensure the continued safety of U.S. forces.
6. Action in Self-Defense:
a. Means of Self-Defense: All necessary means available and all appropriate actions may be used in self-defense. The following guidelines apply for unit or national self-defense:
(1) Attempt to Control Without the Use of Force: The use of force is normally a measure of last resort. When time and circumstances permit, the potentially hostile force should be warned and given the opportunity to withdraw or cease threatening actions.
(2) Use Proportional Force to Control the Situation: When use of force in self-defense is necessary, the nature, duration, and scope of the engagement should not exceed that which is required to decisively counter the hostile act or hostile intent and to ensure the continued safety of U.S. forces or other protected personnel or property.
(3) Attack to Disable or Destroy: An attack to disable or destroy a hostile force is authorized when such action is the only prudent means which a hostile act or hostile intent can be prevented or terminated. When such conditions exist, engagement is authorized only until the hostile force no longer poses an imminent threat.
b. Immediate Pursuit of Hostile Foreign Forces: In self-defense, U.S. forces may pursue and engage a hostile force that has committed a hostile act or demonstrated hostile intent and that remains an imminent threat.
c. Defending U.S. Citizens, Property and Designated Foreign Nationals:
(1) Within a Foreign Nation's U.S. Recognized Territory or Territorial Airspace: A foreign nation has the principal responsibility for defending U.S. citizens and property within these areas.
(2) At Sea: Detailed guidance is contained in NTF OpOrd Appendix 8.
(3) In International Airspace: Protecting civil aircraft in international airspace is principally the responsibility of the nation of registry. Guidance for certain cases of actual or suspected highjacking of airborne U.S. or foreign civil aircraft is contained in MCM-102-92 of 24 July 1992, Highjacking of Civil Aircraft.
(4) Terrorism: Terrorist attacks are usually undertaken by civilian or paramilitary organizations, or by individuals under circumstances in which a determination of hostile intent may be difficult. The definitions of hostile act and hostile intent set forth above will be used in situations where terrorist attacks are likely. The term :hostile force" includes terrorist units when used in this document. When circumstances and intelligence dictate, supplemental ROE will be used to meet this special threat.
Hostile intent of opposing forces can be determined by unit leaders or individual Marines if their leaders are not present. Factors you may consider include:
(a) Weapons: are they present?
(b) The size of the opposing force.
(c) If weapons are present, the manner in which they are being displayed; that is, are they being armed? Are they a part of a firing position?
(d) How did the opposing force respond to U.S. forces?
(e) How does the opposing force act towards unarmed civilians?
(f) Other aggressive actions.
These terms and definitions are useful in instructing Marines in their further understanding of how to anticipate a hostile act, how to react to the threat before it occurs, and when and how to apply graduated levels of nondeadly force while reserving the use of deadly force if measures of nondeadly force fail to dissuade an antagonist. Deadly force, although not specifically defined in doctrine, is force that is reasonably likely to result in death or serious bodily harm - to a Marine or an attacker.
While ROE place limitations on the actions of Marines they also obligate Marines to take action within the ROE to protect themselves, their comrades, critical U.S. property, and the mission. Thus "ROE must guide the Marine to initiate aggressive action against those who display hostile acts or intentions toward U.S. or coalition forces.
The MOUT Homepage Hot Links:
U.S. Army FM 27-10 The Law of Land Warfare
TSP 181-A-1001 Conduct Company Level Combat Operations Consistent with The Law of War (TRADOC - Peacekeeping/Peacemaking/ROE)
TSP 181-L-1001 Conduct Small Unit Operations According to the Law of War (TRADOC)
Rules of Engagement (ROE) and Collateral Damage (CALL)
ROE Dilemma Training (CALL)
The Law of Armed Conflict: Peace Support Operations and You (ALLC)
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