What do special instructions bring to the rules of engagement? Chaos or clarity

Air Force Law Review, Spring, 2004 by Paul E. Jeter

This article will focus on ROE and SPINS in joint/combined/coalition air operations, using the Tarnak Farms incident of Operation ENDURING FREEDOM as a case study. (22) Specifically, it will focus on whether an unfortunate result was generated by directives and guidance promulgated in the ROE and SPINS. Additionally, it will explore and examine if there existed a conflict between the ROE and SPINS impacting self-defense. It will identify and examine the process of the creation of these documents. Since air operation ROE and SPINS are drafted and coordinated at a Joint Air Operations Center (JAOC) this article will also examine the JAOC's impact on these documents as well as the joint air operations process. With the CIB findings and the referral of charges, the Air Force's course of actions asserted and signaled that the pilots violated the OEF ROE. However, the pilots contend that they acted in self-defense in accordance with SROE. If plausible, then the ROE and SPINS may have been in conflict.

To set the background for the analysis, this article will first address ROE for armed conflicts, identify two types of ROE and their interaction. Secondly, it will describe the JAOC and how ROE from the strategic level is transformed into strategy, constraints and procedures for application at the tactical level. Thirdly, it will explain the existence of SPINS in an air operation. Within this framework, it will analyze how ROE and SPINS interconnect to be viewed as important documents for mission planning and execution. Finally, it will explore whether there exists a conflict between ROE and SPINS.

II. RULES OF ENGAGEMENT

In order to identify whether some hostile action allows an affirmative response one has to know the triggering mechanism. ROE provides that guidance. In a situation where the elements for potential armed conflict exist, ROE is a tool to regulate the use of force. U.S. forces receive their directions from the President through their chain of command in the form of ROE. The legal factors which serve as a foundation for ROE, that is, customary and conventional law principles regarding the right of self-defense and the laws of war, are varied and complex. (23)

Although ROE can be complex, a workable framework for understanding it can be attained by dissecting it by purposes. ROE represents the intersection of political, military, and legal purposes. (24) The purposes all work together to influence the drafting of ROE in every military operation. "Thus, many factors influence an operation's [ROE], including national command policy, mission, operational environment, commander's intent, and international law." (25) Practically, ROE are the commander's rules for the use of force, specifying the circumstances and limitations in which forces may engage the enemy. (26) The rules may reflect the will of the government and commanders, but military members must adhere to the rules in order to carry out the mission.

Forces operating in accordance with applicable ROE, conduct warfare in compliance with international laws and fight within restraints and constraints specified by superior commanders. Objectives are justified by military necessity and attained through appropriate and disciplined use of force. ROE always recognizes the inherent right of self-defense. Properly developed ROE are clear and tailored to the situation. In a nutshell, ROE delineate what can be attacked, how it can be attacked, and whose permission yoga need to attack it. (27)