MILITARY JUSTICE AND YOU

1
MILITARY JUSTICE AND YOU
2
WHY DO WE HAVE A SEPARATE MILITARY JUSTICE
SYSTEM?

• PROMOTE JUSTICE
• HELP MAINTAIN GOOD ORDER AND DISCIPLINE IN THE
  ARMED FORCES
• PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE
  MILITARY
• STRENGTHEN NATIONAL SECURITY

3
COMPARISON OF MILITARY AND CIVILIAN JUSTICE
SYSTEMS

• ARTICLE 32 HEARING v.s. GRAND JURY
• RIGHT TO COUNSEL
• JURY SYSTEM
• GUILTY PLEAS

4
LEGAL SOURCES OF MILITARY JUSTICE

• US Constitution
• Uniform Code of Military Justice
• Manual for Courts-Martial, U.S., 1984
• Local Regulations
• Court Decisions

5
KEY PERSONNEL IN THE MILITARY JUSTICE SYSTEM

• COMMANDER
• Staff Judge Advocate
• Trial Counsel
• Defense Counsel
• Military Judge
• Legal Specialist/ Court Reporter

6
UCMJ JURISDICTION

• OVER THE PERSON
• ACTIVE DUTY SOLDIERS RESERVISTS WHILE ON AD
• MILITARY ACADEMY CADETS AND MIDSHIPMAN
• NATIONAL GUARD PERSONNEL IN FEDERAL SERVICE UNDER
  TITLE 10, U.S.C.
• ENEMY PRISONERS OF WAR
• OTHERS
• OVER THE OFFENSE
• WORLDWIDE JURISDICTION
• POSSIBLE CONCURRENT JURISDICTION

7
CRIMES UNDER THE UCMJ

• COMMON LAW CRIMES
• MILITARY CRIMES

8
Preliminary Investigation

• When are Rights Warnings Required?
• Before any official questioning of an accused or
  suspect

9
WHAT IS THE SOURCE AND CONTENT OF THE WARNINGS?

• Article 31, UCMJ, component
• Nature of the suspected offense
• The Right to remain silent
• Any statement made can be used at trial
• 5th Amendment/Miranda Component
• Right to consult an attorney prior to questioning
  and have an attorney present during questioning
• 6th Amendment Component
• Right to representation at all critical stages

10
HOW TO CONDUCT A GOOD INTERVIEW

• DEVELOP A LIST OF QUESTIONS BEFORE STARTING THE
  INTERVIEW USING THE ELEMENTS OF THE OFFENSE(S) IN
  PART IV OF THE MCM.
• HAVE A THIRD PARTY SIT IN ON THE INTERVIEW IF
  POSSIBLE. THE OBSERVER TAKES NOTES. YOU ASK
  OPEN-ENDED QUESTIONS AND LISTEN.

11
HOW TO CONDUCT A GOOD INTERVIEW (cont.)

• WRITTEN RIGHTS WAIVER CERTIFICATES AND SWORN
  STATEMENTS ARE GREAT, BUT NOT REQUIRED. DO THE
  BEST WITH WHAT YOU HAVE.
• CONDUCT THE INTERVIEW IN A PLEASANT SETTING WITH
  AMPLE BREAKS TO AVOID A DUE PROCESS (COERCION)
  CHALLENGE.

12
SEARCH AND SEIZURE

• MESS IT UP AND GET YOUR NAME MEMORIALIZED IN AN
  APPELLATE COURT OPINION!

13
SEARCH AND SEIZURE

• 4TH AMENDMENT
• The right of the people to be secure... against
  unreasonable searches and seizures, shall not be
  violated, and no warrants shall be issue but upon
  probable cause...

14
SEARCHES NOT REQUIRING AUTHORIZATION

• Consent Search
• Voluntary consent (shown by clear convincing
  evidence)
• May be partial/limited
• Good insurance, always ask for it

15
SEARCHES NOT REQUIRING AUTHORIZATION (cont.)

• Investigative Detention/Frisks
• IF DETAINING OR FRISKING, YOU GET TO SEARCH THE
  PERSON AND THE IMMEDIATE AREA SUBJECT TO HIS
  CONTROL

16
SEARCHES NOT REQUIRING AUTHORIZATION (cont.)

• Exigent Circumstances
• If delay threatens removal, destruction, or
  concealment of evidence

17
ADMINISTRATIVE INSPECTIONS

• COMMANDERS HAVE THE RIGHT AND DUTY TO INSPECT
  TROOPS AND EQUIPMENT
• PRIMARY PURPOSE TO ENSURE SECURITY, FITNESS
  (e.g.. HEALTH, SAFETY), OR GOOD ORDER AND
  DISCIPLINE - NOT EVIDENCE OF A CRIME

18
HANDLING EVIDENCE

• PRESERVE CONDITION OF EVIDENCE
• PRESERVE CHAIN OF CUSTODY

19
Then What?

• Offenses Should Be Disposed of in a Timely
  Manner, at the Lowest Appropriate Level

20
NON-PUNITIVE MEASURES TO MODIFY BEHAVIOR/CONDUCT

• COUNSELING ORAL AND WRITTEN
• BAR TO REENLISTMENT
• ADMONITIONS REPRIMANDS

• ADMINISTRATIVE REDUCTION
• SEPARATION ACTIONS

21
Factors Considered When Choosing Your Course of
Action

• Service Record
• Nature of Offense
• Harm Done
• Punishment Available
• Cooperation
• Available Evidence

22
THE BAR TO REENLISTMENT

• THE ARMY DESIRES TO RETAIN ONLY THOSE SOLDIERS OF
  HIGH MORAL CHARACTER, COMPETENCE, AND
  DEMONSTRATED ADAPTABILITY (AR 601-280).
• INITIATION OF PROCEEDINGS REQUIRED FOR FAILURE
  TO MAKE SATISFACTORY PROGRESS IN ARMY WEIGHT
  CONTROL PROGRAM, 2 CONSECUTIVE APFT FAILURES,
  REMOVAL FOR CAUSE FROM NCOES COURSES.

23
BAR TO REENLISTMENT -- PROCEDURES

• INITIATE THE BAR
• NOTICE TO AND REBUTTAL BY SOLDIER
• APPROVAL OF BAR
• PERIODIC REVIEW BY UNIT COMMANDER

24
BAR TO REENLISTMENT -- PROCEDURES

• INITIATE THE BAR
• NOTICE TO AND REBUTTAL BY SOLDIER
• APPROVAL OF BAR
• PERIODIC REVIEW BY UNIT COMMANDER

25
THE ADMINISTRATIVE REPRIMAND

• OFFICIALLY DOCUMENTS MISCONDUCT OR POOR
  PERFORMANCE IN OFFICIAL FILES (AR 600-37)
• AFTER INITIATED, SOLDIER MAY REBUT IN WRITING
• FILING OF LETTER

26
ENLISTED ADMINISTRATIVE SEPARATIONS(AR 635-200)

• SOLDIERS ALWAYS AFFORDED NOTICE AN OPPORTUNITY
  TO RESPOND
• ENTITLED TO A BOARD IF MORE THAN 6 YEARS OF
  SERVICE, OR OTHER THAN HONORABLE DISCHARGE SOUGHT

27
PUNITIVE OPTIONS

• NONJUDICIAL PUNISHMENT (ARTICLE 15)
• SUMMARY COURT-MARTIAL
• SPECIAL COURT-MARTIAL

• BAD CONDUCT DISCHARGE (BCD) SPECIAL COURT-MARTIAL
• GENERAL COURT-MARTIAL

28
NONJUDICIAL PUNISHMENT

• ... any COMMANDING OFFICER
• may, in addition to or in lieu of
• admonition or reprimand,
• impose one or more of the
• following disciplinary
• punishments for minor offenses
• without the intervention of a court-martial...

29
ARTICLE 15 -- INITIAL RESPONSIBILITIES OF THE
COMMANDER

• PRELIMINARY INVESTIGATION
• Whether offense was committed
• Whether soldier was involved
• Character military record of the soldier
• DA FORM 2627 or 2627-1
• NOTIFICATION OF SOLDIER

30
SOLDIERS RIGHTS IN ART 15s

• FORMAL AND SUMMARIZED
• Remain Silent
• Examine Evidence
• Present a Defense
• Call Witnesses
• Demand Trial by Court-martial
• Have an Appeal
• FORMAL ART 15s HAVE ADDITIONAL RIGHTS, SEE NEXT
  SLIDE

31
SOLDIERS RIGHTS IN ART 15S

• Additional rights available only in Formal
  Article 15s (both Company Grade and Field Grade)
• Consult with counsel
• Have a spokesperson
• Ask for an open hearing

32
HOW TO ART 15 HEARING

• PURPOSE Determine if the accused committed the
  offense and if so impose punishment
• COMMANDERS ACTIONS
• Consider the evidence presented
• Decide guilt or innocence
• Impose appropriate punishment
• Explain rights to appeal
• STANDARD CO must be certain of guilt BEYOND A
  REASONABLE DOUBT.

33
ART 15 PUNISHMENTSCATEGORIES

• Admonishment/Reprimand
• Forfeiture of Pay
• Restriction
• Extra Duty
• Reduction in Rank
• Correctional Custody
• Amount of punishment depends on rank of accused
  and imposer

34
ART 15 APPEALS

• PROCEDURE
• Written appeal (some COs permit personal
  appearance)
• Submitted thru imposing CO
• APPELLATE AUTHORITY
• Next highest level commander

35
FILING OF AN ARTICLE 15

• SUMMARIZED KEPT IN UNIT (LOCAL) FILE FOR TWO
  YEARS OR TRANSFER
• FORMAL DEPENDS UPON PAYGRADE OF ACCUSED
• E-4 and below it is filed locally
• E-5 and above it is filed in the OMPF

36
COURTS-MARTIAL

• SUMMARY
• SPECIAL
• BAD CONDUCT SPECIAL
• GENERAL

37
PREFER FORWARD CHARGES
PREFER FORWARD CHARGES

• DD FORM 458 (CHARGE SHEET), AND R.C.M. 307
  PROVIDE INSTRUCTIONS
• CHARGE SPECIFICATION FORMAT
• OATH PERSONAL KNOWLEDGE or INVESTIGATION
• FORWARD TO SCMCA WITH RECOMMENDATION

38
PRETRIAL RESTRAINT IS AUTHORIZED UPON PROBABLE
CAUSE THAT

• UCMJ Offense has been committed,
• Accused committed it and
• Restraint is REQUIRED to ensure the accuseds
  presence or to prevent foreseeable serious
  criminal misconduct

39
FORMS OF PRETRIAL RESTRAINT

• Conditions on liberty
• Restriction
• (in lieu of arrest)
• Arrest
• Confinement

40
PRETRIAL CONFINEMENT

• INFORM THE SJA!

41
SPEEDY TRIAL REQUIREMENTS

• 120-Day Rule
• 90-Day Rule

42
10 COMMANDMENTS OF UNLAWFUL COMMAND INFLUENCE
1) Commander may NOT order a subordinate to
dispose of a case in a certain way. 2) Commander
must not have an inflexible policy on disposition
or punishment. 3) Commander, if the accuser, may
NOT refer the case. 4) Commander may neither
select nor remove court members in order to
obtain a particular result.
43
10 Commandments of Unlawful Command Influence

• 5) No outside pressures may be placed on the
  judge or court members to arrive at a particular
  decision.
• 6) Witnesses may NOT be intimidated or
  discouraged from testifying.
• 7) The COURT decides punishment. Accused may NOT
  be punished before trial.

44
10 Commandments of Unlawful Command Influence

• 8) Recognize that subordinates staff may
  commit command influence that will be
  attributed to the CO, irregardless of his
  knowledge or intentions.
• 9) Commander may not have an inflexible attitude
  towards clemency.
• 10) If a mistake is made, raise the issue
  immediately.

45
RECAP OF MAIN TEACHING POINTS

• Comparison of Military Civilian Justice Systems
• UCMJ Jurisdiction
• Rights Warnings before official questioning
• Search Authorization/ Admin. inspections
• Nonpunitive Administrative Actions
• Article 15, How to
• Pretrial Restraint
• Initiation of Court-martial Charges
• Unlawful Command Influence

46
DoD POLICY ON HOMOSEXUAL CONDUCT
47
DoD Policy on Homosexual Conduct

• At the conclusion of this session, you will be
  able to
• State basic points of DoD Policy
• Define Sexual Orientation
• State Commanders Responsibilities
• Describe characteristics of credible information
• List staff resources who can provide assistance

48
The Policy

• Suitability is based on CONDUCT

49
SEXUAL ORIENTATION

• Is a personal/private matter
• Is an abstract sexual preference for persons of
  a particular sex as distinct from a propensity to
  engage in sexual acts

50
DEFINITIONS

• Propensity Indicates a likelihood that a person
  engages in or will engage in homosexual acts
• Homosexual A person, regardless of sex, who
  engages in, attempts to engage in, has a
  propensity to engage in, or intends to engage in
  homosexual acts

51
WHAT IS HOMOSEXUAL CONDUCT? S.A.M.

• STATEMENT
• ACT
• MARRIAGE BETWEEN THE SAME SEX

52
STATEMENT

• Conveyed through language or behavior
• Indicates a propensity or intent to engage in
  homosexual acts
• IS REBUTTABLE

53
ACTS

• ANY BODILY CONTACT
• Activily undertaken or passively permitted,
  between same sex persons for the purpose of
  satisfying sexual desires
• That a reasonable person would understand to show
  a propensity or intent to engage in act described
  above

54
Behaviors which are not homosexual acts

• Associating with known homosexuals
• Marching in a gay rights rally in civilian
  clothes
• Possessing or reading homosexual publications
• Going to a gay bar

55
RECAP

• Sexual Orientation is a private/personal matter
• CONDUCT determines suitability for service
• Homosexual Conduct (SAM) is justification for
  administrative discharge

56
DoD POLICY ON HOMOSEXUAL CONDUCT AFFECTS

• Accessions
• Separations
• Criminal Investigations
• Security Investigations
• Military Training

57
ACCESSIONS

• Sexual orientation ALONE is not a bar
• Will not be asked to reveal whether they are
  heterosexual, homosexual, or bisexual
• All will be informed of policy

58
SEPARATIONS

• Based on CONDUCT
• Three bases S A M
• Discharge for engaging in homosexual conduct will
  be honorable or under honorable conditions
• A Court-Martial can have worse consequences.

59
CRIMINAL INVESTIGATIONS

• Not done solely to determine sexual orientation
• Sexual misconduct alone, between consenting
  adults, in private, is generally insufficient to
  prompt a criminal investigation

60
CRIMINAL INVESTIGATIONS

• Allegations of sexual misconduct handled by CO in
  the absence of aggravating factors
• If CO is uncertain what to do call JAG

61
PERSONNEL SECURITY

• No investigation solely to determine sexual
  orientation
• No questions about sexual orientation on Security
  Questionaire
• Only sexual CONDUCT can be questioned
• No info about sexual orientation or conduct can
  be used for separation

62
MILITARY TRAINING

• Soldiers are to be informed of policy
• Commanders, recruiters, and investigators, etc.,
  are to be informed of the policy

63
Commanders Responsibilities

• Ensure soldiers are briefed on DoD Policy on
  homosexual conduct
• Ensure refresher and optional individual training
  in Military Justice, IAW AR 27-10, paragraph 19-2f

64
HOW SHOULD A COMMANDER RESPOND TO ALLEGATIONS OF
HOMOSEXUAL CONDUCT?
65
WHAT THE CO SHOULD DO

• Determine if the conduct fits the DoD definition
  of homosexual conduct (SAM)
• Verify that the information is credible
• Start informal fact-finding only if credible info
  exists

66
WHAT IS CREDIBLE INFO?

• Comes from a reliable source
• Is an observation (sight or sound) of conduct
• Would lead reasonable person to believe the
  person making the statement or act intended to
  convey the fact that he/she engages in or has
  propensity to engage in homosexual conduct.

67
HOW SHOULD YOUR COMMANDER CARRY OUT THE INQUIRY?

• Confine all questions to homosexual conduct (NOT
  orientation!)
• Verify that info is credible
• Seek legal advice as needed

68
RESOURCES AVAILABLE TO SUPPORT YOU

• SJA
• MP
• CID

69
REVIEW

• Basic Points of DoD Policy
• Definitions
• CO Responsibilities
• Available Assistance

70
Questions Concerning the DoD Policy on Homosexual
Conduct
71
Application of the DoD Policy

• (Discussion of Scenarios)

72
The Law of War
73
Outline of Instruction

• Background
• Forbidden targets, tactics, and techniques
• Enemy captives and detainees
• Civilians and private property
• War crimes
• Summary

74
BACKGROUND
HISTORY OF THE LAW OF WAR

• ANCIENT/BIBLICAL
• MIDDLE AGES
• CHIVALRY
• GROTIUS
• GENERAL ORDER 100
• GENEVA/HAGUE CONVENTIONS

75
BY WARRIORS FOR WARRIORS
76
THAT WAS THEN ...

• War is an act of force to compel our enemy to do
  our will. Attached to force are certain
  self-imposed, imperceptible limitations hardly
  worth mentioning, known as international law and
  customs, but they scarcely weaken it.
• Clausewitz, 1820

77
THIS IS NOW .
The Armed Forces of the United States will
comply with the law of war during the conduct of
all military operations and related activities in
armed conflict, however such conflicts are
characterized. CJCSI 5810.01, 12 August
1996
78
SOURCES OF THE LAW OF WAR

• CUSTOM
• TREATIES OR CONVENTIONS
• Hague Regulations
• 1949 Geneva Conventions
• U.S. CONSTITUTION ARTICLE VI
• DoD.Dir 5100.77
• CJCSI 5810.01

79
WHY STUDY/OBEY THE LAW OF WAR?

• IT'S THE LAW
• ENHANCES PUBLIC SUPPORT
• ENCOURAGES RECIPROCAL TREATMENT BY THE ENEMY
• YOU'RE PERSONALLY LIABLE FOR YOUR VIOLATIONS
• TREATIES REQUIRE WE STUDY "LAW OF WAR"

80
WHY STUDY/OBEY THE LAW OF WAR?

• YOU MAY BE LIABLE FOR SUBORDINATE'S VIOLATIONS
• VIOLATIONS OF THE "LAW OF WAR" GAIN NOTHING
• OUR VIOLATIONS STRENGTHEN ENEMY RESOLVE AND
  WEAKEN US

81
THE BOTTOM LINE

• RESPECT FOR THE LAW OF WAR SEPARATES UNRULY MOBS
  FROM PROFESSIONAL SOLDIERS.

82
PURPOSES OF THE LAW OF WAR

• PREVENT UNNECESSARY SUFFERING
• SAFEGUARD FUNDAMENTAL RIGHTS
• FACILITATE RESTORATION OF PEACE

83
LEGALPRINCIPLES

• MILITARY NECESSITY
• HUMANITY
• PROPORTIONALITY
• DISCRIMINATION

84
MILITARY NECESSITY

• NOT FORBIDDEN BY INTERNATIONAL
• LAW AND INDISPENSABLE FOR COMPLETE SUBMISSION
  OF THE ENEMY AS SOON AS POSSIBLE (FM 27-10 PAR. 3)

85
HUMANITY

• UNNECESSARY SUFFERING
• INCIDENTAL INJURY
• COLLATERAL DAMAGE

86
PROPORTIONALITY

• UNNECESSARY SUFFERING MUST NOT BE EXCESSIVE IN
  RELATION TO THE CONCRETE AND DIRECT MILITARY
  ADVANTAGE

FM 27-10, para. 41, Ch 1
87
DISCRIMINATION

• PERSONS
• PLACES
• PROPERTY

88
FORBIDDEN TARGETS, TACTICS, AND TECHNIQUES

• Noncombatants
• Parachutist v. Paratrooper
• Protected symbols
• Principles revisited
• Protected property
• Weapons and Tactics

89
Noncombatants

• DIPLOMATS EMBASSY PERSONNEL
• STAFF OF RELIEF SOCIETIES
• MEDICAL PERSONNEL CHAPLAINS
• NONBELLIGERENT CIVILIANS
• SICK AND WOUNDED
• PWs

90
COMMON ARTICLE 3 PROHIBITIONS(also applicable
to OOTW)

• VIOLENCE TO LIFE AND PERSON, IN PARTICULAR,
  MURDER, MUTILATION, CRUEL TREATMENT, AND TORTURE
• TAKING OF HOSTAGES
• OUTRAGES UPON PERSONAL DIGNITY, IN PARTICULAR,
  HUMILIATING AND DEGRADING TREATMENT
• THE PASSING AND EXECUTION OF SENTENCES WITHOUT
  ANNOUNCEMENT OF A JUDGMENT IN A REGULARLY
  CONSTITUTED COURT WHICH AFFORDS THE ACCUSED THE
  BASIC TENANTS OF DUE PROCESS OF LAW RECOGNIZED AS
  INDISPENSABLE BY THE CIVILIZED PEOPLE OF THE WORLD

91
Parachutist v. Paratrooper

• Parachutists jumping from disabled aircraft are
  considered noncombatants
• Paratroopers jumping as a means to get to the
  fight are combatants

92
Protected Symbols

• Red Cross
• Red Crescent
• Red Star of David

93
Protected property

• Churches
• Schools
• Museums
• Hospitals
• Cultural

94
PROTECTED PERSONS AND PROPERTY

• NO PROTECTION IS ABSOLUTE - MISUSE OR ABUSE
  RESULTS IN LOSS OF PROTECTION
• WHAT DO WE DO IF A PROTECTED PLACE OR PERSON IS
  HIT BY ACCIDENT?
• REPORT IT.
• INVESTIGATE AND DOCUMENT IT.
• MITIGATE IT (CARE FOR VICTIMS/COMPENSATE)
• TRY TO AVOID THE PROBLEM. FOR EXAMPLE, IF A
  HOSPITAL IS BEING MISUSED BY THE ENEMY, WE
  ATTEMPT TO WARN BEFORE STRIKING, UNLESS
  OPERATIONAL REQUIREMENTS DICTATE OTHERWISE.

95
Weapons and Tactics

• Legal weapons
• Chemical weapons
• Biological weapons
• Stratagems and Ruses
• Treachery and Perfidy
• Reprisals

96
Legal weapons
1. All weapon systems in the U.S.
inventory are legal 2. Military advantage v.
suffering caused 3. Legal weapons can be used
illegally 4. Prohibited weapons
97
WEAPONS

• SMALL ARMS
• Prohibition on exploding or expanding ammunition.
• FRAGMENTATION
• INCENDIARIES
• LASERS

98
MINES AND BOOBY TRAPS

• USE IS PERMITTED UNDER THE LAW OF WAR SUBJECT TO
  THE FOLLOWING
• LIMITATIONS
• INDISCRIMINATE USE PROHIBITED (MUST TARGET
  MILITARY)
• CAN NOT BE USE IN A MANNER TO TAKE ADVANTAGE OF
  THE ENEMYS COMPLIANCE WITH THE LAW OF WAR (CAN
  NOT BOOBY TRAP CORPSES
• WITH MINES, THERE MUST BE SIGNS, A PLAN FOR
  RECOVERY, OR A MAP TO PERMIT RECOVERY (W.W.I
  MINES ARE STILL KILLING CIVILIANS

99
Chemical weapons
1. No second use anymore 2. Riot Control
Agents (RCA) probably no use anymore
100
Biological weapons
1. The U.S. has renounced all use of
biological weapons 2. The U.S. will use
herbicides only for domestic or defensive
purposes 3. The U.S. will not use herbicides
first in armed conflict
101
Stratagems and Ruses

• Permitted activities
• Ambushes
• Bribes
• Psyops
• Use of enemy equipment/clothing

102
Treachery and Perfidy
Prohibited activities include - misuse of
symbols - feigning surrender - killing EPWs -
misuse of protected places - human shields
103
Reprisals

• Authorized only if
• Timely
• Responsive to enemy act
• Lesser response ineffective
• Proportional
• Not against protected persons
• Ordered by NCA

104
ENEMY CAPTIVES AND DETAINEES

• Allow surrender
• Humane treatment
• No coercion

105
ENEMY CAPTIVES AND DETAINEES

• Provide medical care
• Safeguard captives
• Dont take personal property

106
TREAT EPWs HUMANELY

• MUST RECEIVE HUMANE TREATMENT
• PROPER MEDICAL CARE, FOOD, CLOTHING, AND SHELTER
• RESPECT FOR THEIR PERSONS AND PROPERTY
• PROMPT EVACUATION FROM COMBAT ZONE
• MAY NOT BE COMPELLED TO PERFORM DANGEROUS,
  HUMILIATING, OR WAR-RELATED LABOR
• FREE TO PRACTICE RELIGION
• NO TORTURE, CANNOT USE COERCION TO OBTAIN
  INFORMATION
• MAY NOT KILL BECAUSE PRESENCE RETARDS A MILITARY
  OPERATION

107
RIGHTS OF PRISONERS OF WAR

• RIGHT TO SANITARY, PROTECTIVE HOUSING AND
  CLOTHING
• RIGHT TO SUFFICIENT FOOD TO MAINTAIN GOOD HEALTH
• RIGHT TO ADEQUATE MEDICAL CARE AND NECESSARY
  FACILITIES TO ENSURE PROPER HYGIENE
• RIGHT TO RETAIN MOST PERSONAL PROPERTY EXCEPT
  ARMS, MILITARY EQUIPMENT AND DOCUMENTS
• RIGHT TO SEND AND RECEIVE MAIL AND RECEIVE
  PACKAGES CONTAINING FOODSTUFFS, CLOTHING, AND OR
  RELIGIOUS, EDUCATIONAL, OR RECREATIONAL MATERIAL
• RIGHT TO HAVE A PRISONERS' REPRESENTATIVE

108
CIVILIANS AND PRIVATE PROPERTY

• Dont violate civilians rights in war zones
• Ensure the safety of civilians
• Dont burn or steal civilian property

109
WAR CRIMES

• Do your best to prevent crimes
• Dont violate the laws of war
• Report crimes immediately through your chain of
  command

110
RULES OF ENGAGEMENT

• LAW OF WAR
• MILITARY PLANS
• POLITICAL POLICY
• PUBLIC OPINION

111
RAMPA TRAINING SYSTEM FOR RULES OF ENGAGEMENT
RETURN FIRE ANTICIPATE ATTACK.MEASURE THE
AMOUNT OF FORCE USED.PROTECT WITH DEADLY FORCE
ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR
COMMANDER.
112
RULES OF ENGAGEMENT
OPERATORS AND TRAINERS, NOT LAWYERS
113
RULES OF ENGAGEMENT

• HISTORICAL MODEL
• CURRENT XVIII AIRBORNE CORPS MODEL
• RAMP

114
ROE - WHY?

• NUCLEAR ESCALATION FEARS DURING COLD WAR
• YOU ARE THERE COMMO
• YOU ARE THERE NEWS MEDIA

ROE INFLUENCE OF POLITICAL FACTORS ON
BATTLEFIELD SITUATIONS
115
ROE - THE CHALLENGES

• NOT REALLY PART OF OUR CULTURE (ADD-ON, NUISANCE)
• NO REAL ARMY DOCTRINE (ALL
  SITUATIONAL)
• PLENTY OF HELP(LAWYERS, MEDIA, ALLIES,
  POLITICAL LEADERS, SENIOR OFFICERS)

GETTING IT WRONG MAY CAUSE MISSION FAILURE
116
TRADITIONAL ROEEXAMPLE 1

• UNITAF, SOMALIA
• YOU ARE AUTHORIZED TO USE DEADLY FORCE IN
  SELF-DEFENSE IF THERE IS A CLEAR DEMONSTRATION OF
  HOSTILE INTENT IN YOUR PRESENCE.
• WHAT IS A CLEAR DEMONSTRATION OF HOSTILE INTENT?

117
TRADITIONAL ROEEXAMPLE 2

• JTF CORTINA FOR EACH MISSION, PILOTS MUST BE
  BRIEFED ON THE LOCATIONS OF CIVILIANS AND
  FRIENDLY FORCES.
• HOW DO WE KNOW WHERE CIVILIANS CAN BE FOUND?
• IF WE DONT KNOW, CAN WE STILL FLY AND SHOOT?

118
TRADITIONAL ROEEXAMPLE 3

• JTF-B, HONDURAS MILITARY PERSONNEL RECEIVING
  HOSTILE FIRE ARE AUTHORIZED TO RETURN FIRE, IF
  THIS IS NECESSARY IN SELF-DEFENSE.
• CAN WE SHOOT OR NOT?

119
WHATS WRONG WITH THIS PICTURE?

• ROE FOR/BY LAWYERS - SOPHISTICATED TERMS
• NEED AN INTENT/CONCEPT, NOT SPECIFIC LAUNDRY
  LIST
• ROE USUALLY COME LATE IN THE GAME - DICTATED
  RATHER THAN TRAINED

TOO MUCH LEGALISM, NOT ENOUGH TRAINING FOCUS
120
RAMP- ALTERNATIVE APPROACH

• TASK/CONDITION/STANDARD
• RAMP MEMORY KEY-WORD(LIKE SPORTS, METT-T,
  OCOKA, SALUTE, 5 Ss)
• STX ITERATIONS

USING ROE A TASK LIKE ANY OTHER
121
RAMP

• RETURN FIRE WITH AIMED FIRE.
• ANTICIPATE ATTACK.
• MEASURE THE AMOUNT OF FORCE YOU USE.
• PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND
  PROPERTY DESIGNATED BY YOUR COMMANDER.

122
RETURN FIREWITH AIMED FIRE

• YOU ALWAYS CAN SHOOT BACK (RIGHT OF SELF-DEFENSE)
• AIMED FIRE IS KEY IT KILLS BAD GUYS AND PROTECTS
  THE INNOCENT

123
ANTICIPATE ATTACK

• YOU DONT HAVE TO TAKE THE FIRST HIT.
• HAND SALUTE IF UNSURE
• HAND - WHAT IS HE HOLDING?
• S (ize) - HOW MANY?
• A (ctivity) - WHAT IS HE DOING?
• L (ocation) - HOW CLOSE? HOW NEAR OTHERS?
• U (niform) - IS HE IN UNIFORM/ORGANIZED?
• T (ime) - HOW SOON UNTIL HES ON YOU?
• E (quipment) - WHAT WEAPONS?
• DESIGNATED HOSTILES CAN ALWAYS BE ENGAGED
  (UNIFORM, EQUIPMENT, ACTIVITY)

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MEASURE THE AMOUNTOF FORCE YOU USE

• MEASURE IF YOU HAVE TIME TO DO SO.
• USE FORCE APPROPRIATE TO THE TARGET/SITUATION.
• VEWPRIK CONCEPT
• V - VERBAL WARNING IN LOCAL LANGUAGE
• E - EXHIBIT WEAPON
• W - WARNING SHOT
• P - PEPPER SPRAY
• R - RIOT STICK
• I - INJURE WITH FIRE
• K - KILL WITH FIRE

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PROTECT WITH DEADLY FORCE HUMAN LIFE

• PROTECT OTHER SOLDIERS, ALLIES, CIVILIANS,
  PRISONERS
• PROTECT PROPERTY DESIGNATED BY YOUR
  COMMANDER (EMBASSY, AIRCRAFT, AMMO STORAGE, AID
  STATION)

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DOES RAMP WORK?

• 101st ABN (AASLT) DIV TESTED RAMP TRAINING
• TF 1-327 IN NEO (JRTC 94-10)
• TF 2-502 IN NEO (CORPS EDRE)
• TF 1-327 IN NGO SECURITY (JRTC 95-07)
• BOTTOM LINE
• SOLDIERS UNDERSTAND IT
• ENEMY IS KILLED
• CIVILIANS/FRIENDLIES ARE NOT KILLED

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CONSIDERATIONS FOR TARGETING

• LAWFUL VS. PROTECTED
• COMBATANTS V. NONCOMBATANTS /CIVILIANS
• MILITARY OBJECTIVES
• PROTECTED PLACES OR PROPERTY

128
TARGETING CONSIDERATIONS SUMMARY

• VERIFY THE TARGET
• MINIMIZE UNNECESSARY SUFFERING AND COLLATERAL
  DAMAGE
• PROPORTIONALITY

129

• FIGHT AND WIN
• BY THE
• RULES
• ITS THE AMERICAN WAY OF WAR