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18 November 2017

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Yeah, Right

Many thanks for your reply.

That would be an extremely tough call indeed.

mikee

Here is a link to a google translation of the TASS story. (Hope this works!)

https://translate.google.com/translate?hl=en&sl=ru&tl=en&u=http%3A%2F%2Ftass.ru%2Farmiya-i-opk%2F4699218

Green Zone Café

There are military lawyers assigned down to brigade staff who make judgments about Law of War and Rules of Engagement issues. They are the same lawyers who prepare military justice complaints.

The Rules of Engagement are theater-level orders binding to all. Right-wing media periodically amplifies complaints about ROE, see LTC Allen West, but the media and command climate is such that disobeying a field order which contravened ROE would not be prosecuted.

It would be buried, just like violations of ROE are (Haditha).

J

Colonel,
The Israeli government admitted schmoozing with Saudi:

http://www.zerohedge.com/news/2017-11-19/israel-gives-official-confirmation-covert-ties-saudi-arabia

turcopolier

GZC

So you think CENTCOM ROE prevented a coalition attack on the SAA at Deir al-Zor? pl

turcopolier

GZC

To amplify, ROE is not law. It is policy. It only looks like law when viewed from below. It is in fact policy set in DC and then implemented as ROE at theater level. The administration or theater command can change ROE any time it wants to either in general or for a particular instance. pl

Green Zone Café

ROE is "law" in the sense that it is an "order or regulation," the violation of which is prosecutable under UCMJ Articles 91 and 92. For those subject to the UCMJ, all lawful orders and regulations are "positive law."

It's one of the ways being in the military is different than being a civilian - nobody can criminally punish a civilian unless there's a statute enacted by a legislature.

I don't know what the applicable CENTCOM ROE are, nor the objective facts of that Deir al Zor airstrike. There are always arguments that these campaigns violate the Constitution and War Powers Act, in addition to international law.

turcopolier

GZC

ROE requires those subject to it to obey it as an order under UCMJ. It is not law to those who established the ROE and who can change or modify it whenever they wish. pl

Green Zone Café

Yes, ROE are subject to change by superiors. Subordinates are still bound by these arbitrary changes, like a private under a mercurial sergeant.

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