Law Of War (LOW) Questions and Answers

This article will provide you with all the questions and answers to Law of War (LOW)

Which one of the answers below is not one of the three categories of Law of War treaties to which the United States is party?

-Those that define the organization of military forces

The two elements of the Principle of Proportionality are Justification in acting, and __________________?.

-May not cause unreasonably incidental harm

Of the following, which one is defined as, directives and orders that delineate the authorities and limitations under which the U.S. armed forces will initiate and/or continue the use of force against other forces?

-Rules of Engagement

According to the Child Soldier Protocol what is the minimum age for compulsory recruitment?

-18

Rules of engagement can allow actions that are prohibited by the Law of War.

-False

As a member of the US Armed Forces the Law of War helps you make the lawful decisions of war in difficult circumstances that arise in armed conflict.

-True

The United States is NOT a party to the Rome Statute. What does the Rome Statute establish?

-An international court for war crimes

To be effective, both parties to a conflict must agree to recognize the establishment of protected areas.

-True

When a state of war exists, the parties to a conflict involved must comply with ____________________.

-Customary international law

-Resolutions of the United Nations Security Council

-The Law of War obligations of their Country

Humanity is a principle of the Law of War that addresses the immunity of peaceful populations and civilian objects from attack.

-True

What activities does the Law of War address?

-The resort to armed force

-The conduct of hostilities

-The relationship between belligerent and neutral States

Which two of the following acts are prohibited acts of perfidy?

-Fighting in the enemy's uniform

What document establishes authorized procedures for interrogating detainees?

-Army Field Manual 2-22.3 Human Intelligence Collector Operations

Which two of the following persons are exempt from attack?

-Military personnel exclusively assigned to, and engaged in, medical or chaplain duties

The Law of War principle of Honor influences the conduct of activities by encouraging refrain from taking advantage of the adversary's adherence to the Law of War and to encourage combatants to act in good faith in non-hostile relations.

-True

The Law of War is formed from written law contained in treaties and customary international law.

-True

What two methods are used to identify cultural property in accordance with the 1954 Hague Cultural Property Convention?

-A distinctive emblem

-An international registry

Which of the following statements does NOT describe the purposes of the Law of War?

-Protecting the right of free expression for peoples in conflict

The Law of War may overlap, or be included within, other bodies or types of international law.

-True

Which two of the following are true about the principle of Military Necessity?

-It justifies the use of overwhelming force, but not wanton destruction

-It does not justify prohibited actions

Which Law of War principle obligates parties to a conflict to discriminate between the armed forces and those taking no active part in hostilities?

-Proportionality

What is the primary focus of the four Geneva Conventions of 1949?

-Protection of the victims of armed conflict

The principles of the Law of War are part of international laws but are not spelled out explicitly.

-True

Which two of the following special classes of persons are considered unprivileged belligerents?

-Members of non-state armed groups and civilians that directly take part in hostilities

-Spies and saboteurs

What two of the following statements combine to form the definition of a military objective?

-An object which by its nature, location, purpose, or use makes an effective contribution to the enemy's military action

-The partial or total destruction, capture, or neutralization of the object offers a definite military advantage

Which of the following rules pertain to law enforcement and security duties?

-Rules on the Use of Force

Which statement on the use of force in self-defense to a hostile act or demonstrated hostile intent is most accurate?

-The use of force may exceed hostile intent demonstrated by the enemy, as long as the force used is necessary and proportional to counter the threat

The Law of War does not permit wanton destruction. What is wanton destruction?

-Destruction without purpose

What is the purpose of the Law of War principles?

-To work as interdependent and reinforcing parts of a coherent system of rules

-To help provide an interpretation of the written Law of War

-To animate potential new rules that could be incorporated into new treaties to address new developments or novel issues that arise during warfare

-To help provide clarification and interpretation of the many conventions, treaties, and protocols that are part of the Law of War

When conducting an attack, armed forces should take feasible precautions to reduce the risk of incidental harms to civilians and civilian objects. Which of the following actions could be considered a feasible precaution?

-Effective advance warning

-Adjusting the timing of the attack

-Weapon selection

-Evacuation of the protected population

When a commander is developing actions against the enemy, the principle of military mandates that:
The commander be able to articulate a military requirement, select a measure to achieve it, and ensure neither violates LoW.

The Rendulic Rule is a judicial judgement that evaluates the legality of a commander's actions by understanding that:
A commander must assess the legality of an action based on the information available at the time and cannot be judged based on information that subsequently comes to light.

LoW specifically prohibits the use of autonomous weapons due to the lack of human input and judgement.
False

How does LoW apply to non-lethal/less-lethal weapons?
LoW does not prohibit or specifically address non-lethal weapons, so such weapons are governed by customary rules applied to traditional weapons.

How does LoW perceive the use of cyber weapons?
Cyber capabilities may be preferable to kinetic weapons because their effects may be reversible and may accomplish military goals without destructive kinetic effects.

Describe one of the ways US forces comply with LoW's principle of distinction.
By having all its personnel wear distinguishing uniforms and insignia,

When are the forces allowed to engage unprivileged belligerents during a conflict?
Once the unprivileged belligerents are collectively declared hostile by an appropriate authority.

LoW principle of proportionality explicitly prohibits civilian casualties during a conflict.
False

What term is the way for commanders to adhere to LoW by weighing risk of collateral damage against military necessity and proportionality within the framework of the military decision-making progress?

Collateral Damage Estimation Methodology (CDM)
What type of Roles of Engagement (ROE) is a document published as an attachment to the Air Tasking Order (ATO), which provides procedural and additional instructions to tactical forces?
Special Instructions (SPINS)

Which list has "properties which may not be struck under any circumstances without a commander's approval"?
No-Strike List (NSL)

The product of the Collateral Damage Estimation Methodology (CDM) is known as the __________.
Collateral Damage Estimation (CDE)

What tragic incident happened – as described in the Kunduz Afghanistan case study – that compelled US forces to re-evaluate how tactical operations are supported and conducted?
The Medicins Sans Frontieres (Doctors without Borders) trauma center was mistakenly targeted in an airstrike.

What primary piece of information was lacking that led to the attack on the medical clinic?
The clinic’s locational data was not loaded into the no-strike list database aboard the aircraft.

How did Doctors without Borders unintentionally contribute to the tragic incident?
The clinic failed to display the internationally recognized symbol for hospitals on the roof of their facility.

What tragic incident happened - as described in the Kunduz Afghanistan case study - that compelled US forces to re-evaluate how tactical operations are supported and conducted?
The Medecins Sans Frontires (Doctors Without Borders) trauma center was mistakenly targeted in an airstrike.

What primary piece of information was lacking that led to the attack on the medical clinic?
The clinic's locational data was not loaded into the no-strike list database aboard the aircraft.

How did Doctors Without Borders unintentionally contribute to the tragic incident?
The clinic failed to display the internationally recognized symbol for hospitals on the roof of their facility.

Subject: Law of War - Advanced (ADLS)

Message: When a commander is developing actions against the enemy, the principle of military necessity mandates that:
The commander be able to articulate a military requirement, select a measure to achieve it, and ensure neither violates LoW.

The Rendulic Rule is a judicial judgement that evaluates the legality of a commander's actions by understanding that:
A Commander must assess the legality of an action based on the information available at the time and cannot be judged based on information that subsequently comes to light

LoW specifically prohibits the use of autonomous weapons due to the lack of human input and judgement.
False - does not specifically prohibit the use

How does LoW apply to non-lethal/less-lethal weapons?
LoW does not prohibit or specifically address non-lethal weapons, so such weapons are governed by customary rules applied to traditional weapons.

How does LoW perceive the use of cyber weapons?
Cyber capabilities may be preferable to kinetic weapons because their effects may be reversible and may accomplish military goals without destructive kinetic effects.

Describe one of the ways US forces comply with LoW's principle of distinction.
By having all its personnel wear distinguishing uniforms and insignia.

When are forces allowed to engage unprivileged belligerents during a conflict?
Once the unprivileged belligerents are collectively declared hostile by an appropriate authority.

LoW principle of proportionality explicitly prohibits civilian casualties during a conflict.
False

What term is the way for commanders to adhere to LoW by weighing risk of collateral damage against military necessity and proportionality within the framework of the military decision-making process?
Collateral Damage Estimation Methodology (CDM)

What type of Rules of Engagement (ROE) is a document published as an attachment to the Air Tasking Order (ATO), which provides procedural and additional instructions to tactical forces?
Special Instructions (SPINS)

Regarding the types of target lists mentioned in the lesson, which list has "properties which may not be struck under any circumstances without a commander's approval"?
No-Strike List (NSL)'

The product of the Collateral Damage Estimation Methodology (CDM) is known as the
Collateral Damage Estimation (CDE)

Subject: Law of War - Basic (ADLS)

Message: Choose the best definition for LoW:
That part of international law that regulates the conduct of armed hostilities.

The Geneva Conventions specify who is a(n):
Lawful combatant and civilian.

Under which LoW categorization would terrorist organizations or insurgent groups fall?
Unprivileged Belligerents.

When does the full body of customary international law take effect?
At the beginning of aggressions.

Which of the five principles of LoW regulates the use of all measures necessary to defeat the enemy?
Military Necessity.

Which of the five principles of LoW forbids the infliction of suffering, injury, or destruction deemed unnecessary to accomplish a legitimate military purpose?
Humanity.

Which of the five principles of LoW warrants the evaluation of armed forces and the civilian population?
Discrimination or Distinction.

Which of the following requires an evaluation of an unreasonable or excessive use of force as it relates to the potential destruction of civilian personnel or structures?
Proportionality.

Which of the five principles of LoW demands a certain amount of fairness while conducting offensive and defensive operations?
Honor.

Which of the 10 Airmen Rules of LoW relies on the 3rd LoW principle - Discrimination or Distinction?
Rule Number 1: Fight only combatants.

Which of the 10 Airmen Rules of LoW prohibits the engagement of objects marked with a red crescent?
Rule Number 6: Do not attack protected persons or protected places.

Which of the 10 Airmen Rules of LoW prohibits destruction for destructions sake?
Rule Number 7: Destroy no more than the mission requires.

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rules of engagement

directives issued by competent military authority that delineate the circumstances and limitations under which United States forces will initiate and/or continue combat engagement with other forces encountered

"rules of force" rules of engagement

provides guidance on the inherent right of self-defense and the application of force for mission accomplishment; provides a common template for development and implementation of ROE for the full range of operations from peace to war

"rules of force" is applicable...

worldwide to all echelons of commnd

SROE

standing rules of engagement

"applicability" rules of engagement

applies to all U.S. forces responding to military attacks within the U.S., to all military operations outside the U.S.,and to domestic support operations (RUF)

when do SROE not apply to military operations outside the U.S.?

when superseded by the ROE that have been approved by the president/secdef

self-defense ROE

a commander has the authority and obligation to use all neccessary means available and to take all appropriate action to defend that commander's unit and oher US forces in the vicinity from a hostile act o a demonstration of hostile intent

three levels of self-defense

national, collective, and unit/individual

national self-defense

defending the US, US forces, and US citizens/property/commercial assets

collective self-defense

defending designated non-US forces, personnel, or designated foreign nationals/their property

unit/individual self-defense

defense of US military forces in the vicinity

If a commander decides to restrict the individual right of self-defense....

SECDEF must be notified

neccessity

when a hostile act occurs or a force exhibits hostile intent

hostile act

an attack or use of force

hostile intent

the threat of imminent use of force

when hostile intent is present...

the right exists to use appropriate force to deter, neutralize, or destroy in certain situations

de-escalate

when time and circumstances permit, warn and give opportunity to withdraw

proportionality

force used should be sufficient to RESPOND DECISIVELY to the hostile act or demonstrated hostile intent

hostile force

any civilian, paramilitary, or military force/terrorist that has been declared hostile by appropriate US authority

once an appropriate authority has declared a force hostile...

US units need not observe a hostile act or a demonstration of hostile intent before engaging that force

positive identification (PID), required or not?

required for some purposes of mission accomplishment, but not in cases of self-defense

positive identification for declared hostile forces

applies to the law of war principle of distinction wherein non-military targets must be distinguished from military targets

origin of law of war

during the late middle ages, war became a cultural event studied from both political and philisophical perspectives. leaders around the world began to realize that unlimited warfare was counterproductive to most objectives. common customary practices started to become internationally accepted acts

military necessity

justifies the use of all measures needed to defeat the enemy as quickly and efficiently as possible in order to defeat the enemy as quickly and as efficiently as possible in order to achieve victory

proportionality

requires us to weigh the anticipated concrete and direct military advantage of an attack against incidental loss of civilian life

avoid unnecessary suffering

ensuring that our decisions and actions minimize unnecessary suffering to the enemy as well as to any civilians and non-combatants involved

distinction

combatants must be distinguished from noncombatants and military objectives from protected places

marines fight only...

enemy combatants

marines do not harm enemy combatants who _____; they....

surrender; disarm them and turn them in to their superiors

marines do not _____ enemy POWs or detainees

torture or kill

whether friendly or enemy wounded....

marines collect and care for them

marines do not attack....

medical personnel/facilities/equipment or chaplains

marines destroy no more than...

the mission requires

marines treat all civilians...

humanely

combatants

those who are lawfully entitled to engage in hostilities

noncombatants

those who may accompany combatants but do not perform in that capacity

non-combatants include....

1. correspondents
2. technical personnel
3. contractors
4. medical personnel
5. chaplains
6. other civilians

the law of war states that noncombatants....

may not be the sole subjects of an attack, and warring parties must minimize damage to any noncombatant or civilian population involved

spies

those who act under false pretenses in order to obtain information and communicate that information back to a hostile or potentially hostile party

what is the legality of spying?

NOT a violation of the law of war, NOT a protected part under the law of war. but is prosecutable under the laws of the nation in which they are captured

terrorists/insurgents/saboteurs/partisans and law of war

not protected by law of war, unless parties act in line with definition of a protected combatant

if detainees/EPWs are injured...

we provide treatment as if handling our own.

what rules dictate our handling of detainees/EPWs?

search
silence
safeguard
segregate
speed
tag

"search" detainee/EPW rule

remove all weapons and items of possible intelligence from the detainee

"silence" detainee/EPW rule

do not allow detainees to converse with one another to prevent collaboration

"safeguard" detainee/EPW rule

allow no further actions against them; ensure they receive the same protection as our Marines

"segregate" detainee/EPW rule

separate 1) males and females, 2) enlisted and officer, and 3) religions/cultures

"speed" detainee/EPW rule

ensure the proper process is conducted as quickly as possible, expediting the individual to the next stage of questioning/processing asap

"tag" detainee/EPW rule

supervise proper documentation of their capture and ensure all the information collected arrives to the proper personnel in your unit

protected places

buildings/structures that are not considered valid military targets; include
1) hospitals
2) churches
3) mosques

when may protected places be considered valid military targets?

once enemy forces utilize these structures

marines do not steal, they...

respect private property and possessions

marines do their best to prevent _____ of the law of war, and report....

violations; all violations to their superiors

9 rules of the law of armed conflict

1. marines fight only enemy combatants
2. marines do not harm enemy combatants who surrender. marines disarm them and turn them over to their superiors
3. marines do not torture or kill enemy prisoners of war or detainees. marines treat them humanely.
4. marines collect and care for the wounded, whether friends or foe.
5. marines do not attack medical personnel facilities, equipment, or chaplains
6. marines destroy no more than the mission requires
7. marines treat all civilians humanely
8. marines do not steal; they respect private property and possessions
9. marines do their best to prevent violations of the law of war, and report all violations to their superiors

what are the three principles of self-defense?

1) necessity
2) de-escalate
3) proportionaltiy

whether friendly or enemy wounded....

marines collect and care for them

marines do not harm enemy combatants who _____; they....

surrender; disarm them and turn them in to their superiors

marines do not _____ enemy POWs or detainees

marines do not harm enemy combatants who _____; they....

surrender; disarm them and turn them in to their superiors

hostile act

an attack or use of force

hostile intent

the threat of imminent use of force

hostile act

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LAW of War Exam 2

According to Joint Chiefs of Staff (JCS) Publication (Pub) 1, the law of war is defined as WHAT?

"that part of war that regulates the conduct of armed hostilities."

What is the purpose of law of war?

The purpose of the law of war is to prevent unnecessary suffering, safeguard certain fundamental human rights of those involved in a conflict, and to ultimately restore peace.

What does the principle of military necessity justify?

It justifies the employment of violence to obtain the submission of the enemy or to reach that certain military objective.

What are the four principles of the Law of War

-Military Necessity
-Proportionality
-Avoiding Unnecessary Suffering
-Distinction

Explain military necessity when dealing with the principles of the law of war.

The principle of military necessity justifies the employment of violence to obtain the submission of the enemy or to reach that certain military objective. However, the actions against the enemy or the objective must not violate the law of war. Military necessity is based upon nature, location, purpose and use. This is the guiding principle for all of our actions while operating in combat. Once military necessity dictates that we engage, we must do so but in conjunction with the following principles.

Explain proportionality when dealing with the principles of the law of war.

Proportionality states that the nature, duration, and scope of the engagement must not exceed that which is required to decisively counter the hostile act or the demonstrated hostile intent. We reply with only as much force as needed to eliminate our enemy.

Explain avoiding unnecessary suffering when dealing with the principles of the law of war.

What we must ensure is that our decisions and actions minimize unnecessary suffering to the enemy as well as to any civilians and noncombatants involved. This includes the proportionate destruction of property that is relevant to the mission.

Explain distinction when dealing with the principles of the law of war.

The concept of distinction requires that combatants be distinguished from noncombatants and that military objectives be distinguished from protected places. Parties to a conflict are required to direct their operations only against combatants and military objectives and will be discriminate in nature.

What is the definition of combatants?

Combatants are defined as those who are lawfully entitled to engage in hostilities.

What are the four groups that fall under the category of combatants?

-Members of the armed forces.
-Members of a regular militia or volunteer units.
-Members of guerrilla units.
-Levee en Masse (members of a non-occupied nation who take up arms against an enemy).

What are the four characteristics of a combatant?

-Wearing of a fixed and distinct uniform.
-Open carriage of arms.
-Acting under the command of a responsible leader.
-Obeying the law of war.

Are combatants protected under the law of war?

No.

What is the definition of noncombatants?

Noncombatants are those who may accompany combatants but do not perform in that capacity.

What are the six examples of noncombatants?

• Correspondents.
• Technical personnel.
• Contractors.
• Medical personnel.
• Chaplains.
• Other civilians.

What does the law of war state about noncombatants?

The law of war states that these persons may not be the sole subjects of an attack, and warring parties must minimize damage to any noncombatant or civilian population involved. Noncombatants are also protected under the law of war.

What is the definition of spies?

Spies are defined as those who act under false pretenses in order to obtain information and communicate that information back to a hostile or potentially hostile party.

What does the law of war state about spies?

Spying is not a violation of the law of war, but agents captured are prosecutable under the laws of the nation in which they are captured. Spies are not a protected party under the law of war.

Are terrorists, insurgents, saboteurs, and partisans protected under the law of war?

No.

What are the three exceptions to terrorists insurgents, saboteurs, and partisans not being protected under the law of war?

They must:
-Wear a distinguishable or distinct uniform.
-Openly carry arms.
-Act under a distinguishable leader while they themselves operate under the law of war.

Define detainees and EPW's and do they have rights under the Geneva Convention?

All persons we detain on the battlefield, regardless of their status, are treated the same. All detainees have rights under the Geneva Convention that guide us in their handling. If they are injured, we provide treatment as if one of our own Marines.

What are the six rules when dealing with detainees and EPW's?

-Search
-Silence
-Safeguard
-Segregate
-Speed
-Tag

What is the definition of protected places?

Protected places are buildings or structures that are not considered valid military targets.

What are examples of protected places?

-Hospitals.
-Churches.
-Mosques.

What are exceptions to be able to attack protected places?

Once enemy forces utilize these structures, they become valid military objectives; for example, enemy forces staging attacks from a hospital or an IED trigger-man utilizing a minaret of a mosque to conduct an attack on coalition convoys.

What are the rules of using lasers when dealing with the Law of War?

Lasers are only to be used for their intended use, such as marking targets and terminal guidance of munitions. The US prohibits the use of any laser in order to cause blindness, though collateral injury sustained in the scope of their intended duty is seen as acceptable.

What does the Marine Corps define as small arms?

The Marine Corps defines small arms ammunition as those of 40mm size and below.

What are the two most current publications regarding ammunition?

The 1868 Declaration of St. Petersburg and the Hague Conventions of 1899.

What are three types of incendiaries?

-Napalm.
-Flame-throwers.
-White phosphorus.

Is fragmentation ammunition allowed during war?

Fragmentary ammunition (such as mortars and hand grenades) is legal as long as it is not used in an illegal manner such as against a protected structure.

Explain land mines and booby traps when discussing weapons and the law of war.

Weapons in this category (such as Claymore mines) are authorized with the premise that suffering is minimized, and it is the most proportionate response to the threat.

Explain riot control agents when discussing weapons and the law of war.

Riot control agents (such as pepper spray and tear gas) are incapacitating agents with effects that may last from a few hours to several days with no permanent injury. Typical use of these weapons centers on demonstration control. Presidential approval is the only authorization that allows these weapons to be used.

Explain non-leathal weapons when discussing weapons and the law of war.

Non-lethal weapons (such as rubber bullets and bean bag rounds) are lawful. However, these weapons have the capacity to seriously injure or kill if improperly employed. Marines designated to employ these weapons require significant training.

Explain chemical and biological weapons when discussing weapons and the law of war.

Chemical and biological weapons are considered a "treacherous means of warfare" and are prohibited under the law of war. The illegality of this weapon system is based upon the fact that once the weapon is unleashed, it is impossible to control and discriminate between combatants and noncombatants.

What are four tactics according to the law of war?

-ruses
-treachery
-assassination
-reprisal

What is the definition of ruses?

A ruse is a tactic in which the actions injure the enemy as a result of legitimate deception

What are four examples of ruses?

-Planting fictitious units via false information.
-Putting up dummy installations.
-False communication transmissions.
-Using a small force to simulate a larger unit.

Are ruses accepted under the law of war?

Yes

What is the definition of treachery?

Treachery is a means of injuring the enemy through his adherence to the law of war.

What is an example of treachery?

An example would be feigning, such as faking injury or truce in order to lure enemy into range to engage. Misuse of the Red Cross or any other noncombatant organization is also classified as a form of treachery.

Is treachery considered a violation of war?

Yes

What is the definition of assassination?

Assassination is the act of specifically targeting a predominant person, usually an important political figure, to kill.

What specifically legal and illegal about assassination when talking about the law of war?

Under the law of war, targeting military leadership is legal; however, assassination of purely civilian heads of state is prohibited.

What is the definition of reprisal?

A reprisal attack is a like response to an illegal attack, such as a chemical response to a chemical attack. By definition, this act is supposed to get the enemy to adhere to the law of war. This act is prohibited under the law of war.

What does the Join Pub1-02 define Rules of Engagement as?

"[d]irectives issued by competent military authority that delineate the circumstances and limitations under which United States forces will initiate and/or continue combat engagement with other forces encountered."

What is the history of the ROE?

Prior to 1954, there were not common ROE. In 1954, the Joint Chiefs of Staff made their first attempt at mandating a common set of ROE for a branch of the armed services. However, it was not until 1986 that the JCS issued Peacetime ROE for all U.S. forces. In 1994, the CJCS issued the first Standing Rules of Engagement (SROE). They were updated in 2000, and most recently in June 2005.

What are the three functions the ROE performs?

(1) Provide guidance from the President and Secretary of Defense to deployed units on the use of force for mission accomplishment and the exercise of the inherent right and obligation of unit self-defense;
(2) Act as a control mechanism for the transition from peacetime to combat operations (war);
(3) Provide a mechanism to facilitate planning and training. ROE provide a framework that encompasses national policy goals, mission requirements, and the rule of law. Simply put, ROE define the way in which we can engage the enemy.

What are the three purposes of a ROE?

-Political
-Military
-Legal

What does the ROE ensure when talking about political purposes?

ROE ensure that national policy and objectives are reflected in the action of commanders in the field, particularly under circumstances in which communication with higher authority is not possible.

What does the ROE provide when talking about military purposes?

ROE provide parameters within which the commander must operate in order to accomplish its assigned mission

What are the parameters set by the ROE for a commander?

-ROE provide a ceiling on operations and ensure that U.S. actions do not trigger an undesired response or escalation.
-ROE may regulate a commander's means and method of warfare by granting or withholding the authority to use certain weapons, weapons system, or tactics.
-ROE may also reemphasize the scope of the mission. Units deployed overseas for training exercises may be limited to use of force only in self defense, reinforcing the training rather than combat nature of the mission.

What does the ROE provide when talking about legal purposes?

ROE provide restraints on commander's actions consistent with both domestic and international law and may, under certain circumstances, impose greater restrictions on action than those required by the law.

What does US National Security Policy need?

US national security policy is guided, in part, by the need to maintain a stable international environment compatible with US national security interests.

What are the three global objectives of National Security?

-Deterring armed attack against the US across the range of military operations.
-Defeating an attack should deterrence fail.
-Preventing or neutralizing hostile efforts to intimidate or coerce the US by the threat or use of armed force or terrorist actions.

What does deterrence require when talking about ROE and National Security?

Deterrence requires clear and evident capability and resolve to fight at any level of conflict and, if necessary, to increase deterrent force capabilities and posture deliberately so that any potential aggressor will assess its own risks as unacceptable.

If deterrence shall fail what are the four criteria of options that should be adhered to when dealing with crises?

-Are proportional to the provocation.
-Are designed to limit the scope and intensity of the conflict.
-Will discourage escalation.
-Will achieve political and military objectives.

What is the publication number of the new SROE and what did it add?

CJCSI 3121.01B
Added a section on the Rules of Force (RUF) for domestic operations.

What does the CJCSI 3121.01B provide guidance on?

It provides guidance on the inherent right of self-defense and the application of force for mission accomplishment.

What is the CJCSI 3121.01B designed to provide?

It is designed to provide a common template for development and implementation of ROE for the full range of operations from peace to war.

Who does the SROE apply to?

The SROE applies to all U.S. forces responding to military attacks within the US, to all military operations outside the US (unless superseded by other ROE that have been approved by the President or Secretary of Defense), and to domestic support operations (RUF).

What classification is the SROE?

The SROE is a SECRET document and not available for public distribution. Portions of the introductory material are not classified as SECRET and may be available at your unit for training purposes.

Who do you contact in you unit for up to date training materials on ROE?

SJA

Who is responsible for the approval of the ROE for US forces and who has the authority to request changes?

The Secretary of Defense (SECDEF) approves ROE for US forces. Each geographic Combatant Commander is given the authority to request new ROE or restrict current ROE for their specific theater, but all restrictions on SECDEF approved ROE/RUF require notification to SECDEF.

What are the two purposes of the SROE?

-Provide implementation guidance on the application of force for mission accomplishment.
-Ensure the proper exercise of the inherent right of self-defense.

Who can deviate from the SROE and what does it require?

-US forces assigned to the operational control (OPCON) or tactical control (TACON) of a multinational force,
-Follow the ROE of the multinational force ONLY if authorized the SECDEF, and always retain the right to unit and individual self-defense to hostile act or hostile intent.

Define inherent right of self defense.

A commander has the authority and obligation to use all necessary means available and to take all appropriate action to defend that commander's unit and other US forces in the vicinity from a hostile act or a demonstration of hostile intent. The SROE do not limit a commander's inherent authority and obligation to use all necessary means available and to take all appropriate action in self-defense of the commander's unit and other US forces in the vicinity.

What are the three levels of self defense?

-National Self Defense
-Collective Self Defense
-Unit and Individual Self Defense

Define national self defense.

The act of defending from a hostile act or hostile intent that is committed against:
− The US.
− US forces.
− In certain circumstances, US citizens and their property, and US commercial assets.

Define collective self defense.

−The act of defending other designated non-US forces, personnel, or designated foreign nationals and their property from a hostile act or demonstration of hostile intent.
−Only the President of the US/SECDEF may authorize US forces to exercise collective self-defense. The high approval authority for collective self-defense implicitly recognizes that our allies and/or coalition partners may have different obligations under, or interpretation of, international law that creates significant differences in our respective ROE.

Define unit and individual self defense.

−Unit and individual self-defense includes defense of other U.S. military forces in the vicinity.
−The new SROE says that unit commanders can limit individual self-defense by members of their unit. If a commander decides to exercise the right to "restrict" the individual right of self-defense, SECDEF must be notified.
−When individuals assigned to a unit respond to a hostile act or demonstrated hostile intent in the exercise of self-defense, their use of force must remain consistent with lawful orders of their superiors, the rules contained in the SROE, and other applicable ROE promulgated for the mission or area of responsibility (AOR).

What are the three principles of self defense?

-Necessity
-De-escalate
-Proportionality

Define necessity when discussing the three principles of self defense.

Exists when a "hostile act" occurs or a force or terrorist(s) exhibits "hostile intent".

What are some things to consider when discussing hostile intent in relation to the three principles of self defense?

-When hostile intent is present, the right exists to use appropriate 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.
-"Imminent" use of force:
− Use all facts and circumstances known to US forces at the time.
− May be determined at any level.
− Does not necessarily mean immediate or instantaneous.

Explain de-escalate when talking about the three principles of self defense.

-When time and circumstances permit,
-Warn and give opportunity to withdraw.

Explain proportionality when talking about the three principles of self defense.

-Force used should be sufficient to respond decisively to the hostile act or demonstrated hostile intent and ensure the continued safety of US forces or other protected persons or property.
-Force used to counter a hostile act, or demonstrated hostile intent must be reasonable in nature, duration, and scope to the perceived or demonstrated threat based on all facts known to the commander at the time.
-Force used may exceed the means and intensity of the hostile act or hostile intent.
-Commanders should consider the use of non-lethal weapons when responding to volatile situations during Security and Stabilization Operations (SASO) and operations other than war.

Explain positive identification.

"Positive Identification" (PID) is required for applies for some purposes of mission accomplishment (e.g., engaging a declared hostile force), but not in cases of self-defense (e.g., force used in response to a hostile act or demonstrated hostile intent).

Explain declared hostile forces when talking about PID.

The ability to reasonably identify (PID) the target as a member of the force that has been "declared hostile" applies the LOW principle of "distinction" wherein non-military targets (e.g., civilians or non-combatants) must be distinguished from military targets (e.g., enemy combatants, to include unlawful combatants or unprivileged belligerents).

Explain self dense when talking about PID.

Self-defense arises from a hostile act (e.g., you are actually shot at) or a hostile intent (e.g., you are about to be shot at) that then creates a 100% certainty you now have a military target (i.e., the person trying to kill you). To use force in self-defense against this HA or HI threat does NOT require PID as to the identity of who is targeting you. The threat (i.e., a lawful military target), could be a bona fide uniformed enemy combatant, a terrorist, or other unlawful combatant (e.g., child-soldier).

Who is responsible for developing and issuing the ROE.

Commanders are responsible for developing and issuing ROE

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International Laws of War Final

Which of these does NOT include provisions about spies?

1949 Geneva Convention 3

What occurs when a captured spy is released back to his army and is subsequently recaptured?

treated as a prisoner of war

How does China justify the "Re-education" camps in Xinjiang?

Deny their existence and claim that everyone in the internment camps is there voluntarily

Why is China's actions against the Uyghurs disproportionate?

Reports of systematic sexual assault, propaganda, interrogations, and cruel treatment and torture

What laws of war were violated by Francois Bozize?

Article 4 and 17 of additional protocol 2

Who was guilty of violating Article 4(2)(g) of the Additional Protocol II to the Geneva Conventions (prohibiting looting)?

Russian Mercenaries

What historical event prevented needed supplies and naval support from reaching the Battle of Bataan?

Pearl Harbor

Why was Japan's prisoner of war death rate percentage nearly 10X higher than Germany's during WWII?

Japan did not ratify or follow the Geneva conventions of 1929
The Japanese saw surrendering as the ultimate showing of weakness causing them to treat PoW's cruelly
Harsh tropical climate and excessive labor

What sparked the beginning of the Rwandan Genocide in 1994?

The president of Rwanda's plane being shot, which resulted in his death.

What was significant about Jean-Paul Akayesu?

He was the first conviction of genocide by an international court and sexual violence as an act of genocide.

Who were the two primary forces in the 2006 Israel-Lebanon Conflict?

The IDF and Hezbollah

What violation of IHL was NOT committed during the Israel-Lebanon conflict?

Use of Biological Weapons

How many attempted genocides or genocides have the Yazidis experienced since the 13th century?

74

What rule in international law specifically applies to rape and sexual violence?

Rule 93

How can we characterize this conflict in Ethiopia?

political instability

What is a limitation of Article 14 of the 1977 Additional Protocol II to the Geneva Conventions of 1949 in the context of this conflict?

Proving intent

True/False: International Law allows states to recruit minors (under 18 years) into their armed forces.

True

During the Sierra Leone Civil War, what tactic was used by rebel forces to recruit demobilized child soldiers?

They would threaten to kill the child's family, or others in the reintegration camp

What was the term used for Sierra Leonean army members who worked with rebel groups?

"SOBEL" - Soldier + Rebel

What Statute should be amended to establish collective punishment as a war crime?

Rome Statute of the ICC

Why did Japan not follow the 1929 Geneva Convention?

They did not ratify it

Which was NOT a Japanese war crime?

Improper use of white flag

Which treaty focuses on the treatment of prisoners of war?

Geneva Convention III

According to Article 14 of Geneva Convention III, what does respect for a person mean?

Respect for their physical and moral integrity

What does the Chemical Weapons Convention not consider a chemical weapon?

Fatal chemicals with lasting impacts

What chemical was deployed as a defoliant but resulted in long-term, detrimental health effects?

Agent Orange

What was the first convention to declare false surrendering illegal?

The Hague Conventions

Which of the following is NOT a reason it is important for the international community to address the misuse of the white flag?

The white flag is the official flag of the UN, and therefore improper handling of it is against the UN charter

What are the 4 principles/cuts of Myanmar's Four Cuts Doctrine?

1. food/supply
2. funding
3. recruitment/support
4. intelligence

What key IHL treaty is violated by the Four Cuts Doctrine?

Additional protocol 1 to the geneva convention

Why were al-Qaeda and Taliban members not protected under the Third Geneva Convention?

2002 US Policy- they are considered "unlawful combatants" because they have no uniform

Which was not a method the U.S. employed to detain suspected terrorists?

U.S. based contractors

Which nuclear arms treaty has the following three goals: stopping the spread of nuclear weapons, encouraging the elimination of nuclear weapons altogether, and finally to promote the peaceful use of nuclear energy?

Nuclear Non-proliferation treaty 1968 (NPT)

Which country entered into an agreement with the US to stop the nuclear program in exchange for the US lifting the heavy sanctions imposed on that country?

Iran

What event took place in 1999 in East Timor:

Referendum for independence.

Which international legal code prohibits forced displacement?

1977 Additional Protocol II Article 17

Under the Rome Statute of the ICC Rape is classified as a:

Crime Against Humanity

Which is not an act committed by Japanese Unit 731?

Cannibalism

Why were Japanese Unit 731 personnel not prosecuted?

They were granted immunity

What international law(s) of war did Francois Bozize Violate?