Rules of Engagement

Rules of Engagement (NATO Photos) What are NATO Rules of Engagement? Rules of Engagement (ROE) are a means of providing political direction to military forces during a PSO. This is achieved through politically approved directives to NATO and NATO-led military forces (including individuals) that define the circumstances, degree, and manner in which force, or actions which might be construed as provocative, may or may not, be applied. Use of force (and acts that might prove provocative) applies to all manner of force and other specific activities across the spectrum of PSO, not just the use of weapons. For instance, ROE can govern the geographical areas into which military forces may deploy, the detention or seizure of individuals and property, the use of assets such as riot control agents, illumination and infra-red devices, electronic counter-measures and the way in which aspects of Information Operations may or may not be applied. With the exception of self defence, ROE provide the sole authority to NATO and NATO-led forces to use force. Awareness of ROE Awareness of ROE and their importance has spread to politicians (and not just those involved in defence and security matters), the legal profession, journalists and the general public. Moreover, NATO's comparatively new ROE publication (MC 362/1 dated July 2003), which groups and integrates Land, Maritime and Air ROE, is now much more widely releasable. While it provides a ready-made compendium of ROE permissions, limitations and prohibitions , those ROE that are subsequently selected from the compendium for a particular PSO, are likely to bear the

same overall classification as the NATO OPLAN (ROE are normally published at Annex E of the OPLAN). Exceptionally, dependent on the operational situation and in order to achieve specific effects, NATO may permit partial or total lifting of restrictions on ROE release for a particular operation. Mc 362/1, July 2003 MC 362/1 (NATO Unclassified / Releasable to PfP/EU/SFOR/KFOR/ISAF/Australia) dated 23 July 2003 (final promulgation). ROE are the authorisation for, or limits on, the use of force during military operations. Formulation of ROE is influenced by a variety of factors. ROE first must be lawful. International law defines the lawful limits for the use of force during military operations. National law may further limit the use of force by member States in certain types of military operations or in certain situations. Within this legal framework, the North Atlantic Council Defence Planning Committee (NAC/DPC) provides political direction for the conduct of military operations, including authorisations for, and limitations on, the threat or use of force or actions which might be construed as provocative. ROE do not limit the inherent right of self-defence. NATO ROE are tailored to specific PSO NATO ROE will be selected and tailored to a specific PSO and will always be governed by and applied within the letter and principles of International Law (which includes International Humanitarian Law) and National Law of the participating nations. A participating nation's law may be more restrictive than both International Law and NATO ROE, so during a NATO/NATO-led operation that particular nation's military forces may be constrained in the use of force under particular circumstances; for instance, a nation may prohibit the use of their military forces to use riot control agents, a nation may prohibit the use of lethal force to protect property. The Joint Force Commander must be aware of such national restrictions to maximize the employment capabilities of all forces under his command. It is the responsibility of nations to make any national constraints known either before, or as early as possible, in the planning process.

Rules of Engagement Strategic Commander's Request for ROE All ROE (which might include new ROE not contained in the MC 362/1 compendium) are requested by the Strategic Commander through the Military Committee. They must then be authorised , at the highest political level (the NAC/DPC) and then implemented by the chain of command. The NAC/DPC will also provide written guidance on its "political policy" to enable commanders to respond appropriately as a situation develops. This Political Policy Statement will be accompanied by NAC/DPC Political Policy Indicators which will clarify the trends or expected development of the situation. Authorisation of ROE by the NAC/DPC should be accompanied by guidance on Public Information Policy concerning the release of ROE.

Procedures The procedures for requesting, authorising and implementing ROE, as well as single-Service guidance for their use, are contained in Annex E to MC 362/1. The Joint Force Commander needs to continually review the initial ROE upon arrival in the joint operations area and should submit specific ROE requests through the NATO chain of command for approval by the NAC/DPC. Self-defence and ROE Self-defence and ROE are separate entities. Self-defence is an inalienable international legal right in response to attack against individuals or units of a NATO/NATO-led force. Under such circumstances, "Self-defence" is the use of such necessary and proportional force , including deadly force, to defend against attack or imminent attack. NATO/NATO-led forces also have the right to take appropriate measures, including the use of necessary and proportional force, to defend other NATO/NATO-led forces and personnel from attack or imminent attack (known as "Extended Self-defence" ). Just to make the distinction, NATO/NATO-led forces could also be authorised under ROE (as opposed to International Law) to defend Personnel with Designated Special Status e.g. refugees, humanitarian aid workers. Hostile Intent and Hostile Acts (Not constituting an Actual Attack) There are many instances of action by a potential aggressor which, though not rising to a level that would trigger self-defence measures, nevertheless clearly threaten NATO/NATO-led forces or Personnel under Designated Special Status (PDSS). Under designated circumstances, ROE can authorize a commander to respond to such actions. Further details of the generic ROE available may be viewed in Appendix 1 to Annex A of MC 362/1 "NATO Rules of Engagement". As we have seen, national laws may differ and there will not always be consistency between nations as to where the right to use force in self-defence begins and ends, in which case the authorisation or non-authorisation of NATO ROE will be without prejudice to national laws of self-defence.