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

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

III. TYPES OF RULES OF ENGAGEMENT

Since armed conflicts vary and are driven by particular circumstances so will ROE. One way to categorize ROE is by the scale of the conflict. Thus, when a conflict is initiated then the SROE is in place for U.S. forces to look to as a source of guidance. If a conflict intensifies the ROE adapts to the crisis. This flexible ROE can be labeled Peacetime to Combat Operation ROE. The development of ROE in the previous categories would be applicable to all military services in the overall planning stage of a conflict. However, when the focus shifts to operational capabilities each military service normally has developed campaign ROE to fit their mission. Consequently, each type of ROE distinctively has an impact on the military actions of U.S. forces.

A. The Joint Chiefs of Staff Standing Rules of Engagement

"The Joint Chiefs of Staff Standing Rules of Engagement (SROE) have been termed 'the tether between the NCA and the soldier.'" (28) This statement has merit because the SROE are meant to be real-time guidance from our national leaders to the military member. The U.S. SROE are the basic ROE documents for all U.S. forces during military attacks on the U.S. and during all military operations, contingencies, and terrorist attacks outside the territory of the U.S. (29) On 15 January 2000, the Chairman of the Joint Chiefs of Staff (CJCS) issued an updated version of the SROE. (30) The instructions cover the continuum of conflict from peacetime to military operations other than war (MOOTW) to armed conflicts. Based on these established instructions, every military member is trained to adhere to these rules unless new ROE are promulgated from competent military authority. If the mission changes the SROE "can be easily and quickly amended or clarified to meet mission-specific requirements." (31) However, some SROE fundamental principles remain constant such as the inherent right to self-defense. (32) Therefore, SROE are the foundation for the use of force by a soldier, sailor, marine, or airman.

B. Campaign Rules of Engagement

The starting point for all ROE should be the SROE. As a crisis forms which may require military action, staffs at the strategic level evaluate and coordinate how the ROE fits into the mission. Focusing on aerospace operations,"[t]he development of air campaign ROE is a process that must begin early in the Crisis Action Phase of any potential contingency." (33) "During the Crisis Action Phase, the ROE Cell at the strategic level will coordinate and develop ROE for the mobilization phase and force-on-force phase of the air campaign." (34) Additionally, in this phase the appropriate authorities will review allies' and other components' objectives and strategies to develop applicable ROE. (35) Eventually, this upper echelon of guidance will flow down to the next level of planning. However, with all service military planners,

   [t]he challenge is to balance competing interests in the
   formation of ROE. ROE that are too constrained will prevent
   the warfighter from getting the job done. ROE that are too
   broad could allow military operations which may be
   inconsistent with national objectives or may allow room for
   fratricide. (36)