Beruflich Dokumente
Kultur Dokumente
Riley Clifford
Abstract
This paper about the Rules of Engagement involving American soldiers discusses how the
evolution of the war zone has created a counterinsurgency warfare model in which insurgents
can gain tactical advantage by hiding within the surrounding civilian population. The Rules of
Engagement have trouble adapting and evolving with the change of the war zone and often limit
the soldiers ability to do a job in combat. The paper also explains the important role that the
media and politicians play in influencing the soldiers decisions from back in the United States.
Several real life examples are added into the paper to show how ethics and humanitarian law
constantly arise while in combat. The paper explains how the Rules of Engagement often create a
blurred line on the field of battle as to what is morally right and wrong.
Keywords: Rules of Engagement, American soldiers, ethics, war zone, blurred line
RULES OF ENGAGEMENT 3
War is a strong act of force that creates a living hell for the members involved without
discriminating any sex, race, or gender. The crime of war develops from two aspects: how
people are getting killed and who is getting killed. Depending on the manner of combat, drawing
a the line on the limit of who is getting killed and how people are getting killed becomes a blurry
decision. Essentially, if a war took place free of outside factors, no restraints would be held on
the strategies used to kill or the people that would be affected. This is called absolute war. In
reality, as a war intensifies, the closer the situation is to being absolute war. With an increase of
violence, the effect of the extrinsic moral codes decreases, and the normality of killing weakens
international law and humanitarian law that outline the general guidelines of combat. As warfare
developed throughout time, the essence of humanitarian laws became present. Humanitarian law
prisoners of war, a limit on the means of warfare, distinguishing combatants from civilians, and
respecting those not involved in the hostilities (civilians). The Rules of Engagement are a set of
adapted rules given to American soldiers while in combat, based of humanitarian law, to avoid
violating humanitarian law while taking part in combat (Gassar, 1998). Now, counterinsurgency
being the new tactic of warfare, it is difficult for the American soldier to potentially distinguish
civilians from combatants. This, among other factors, has influence on standing Rules of
Engagement (Pennekamp, 2012). Current United States Rules of Engagement increase the
vulnerability of the American soldier in foreign war zones by failing to recognize the magnitude
authority that delineate the circumstances and limitations under which United States forces will
initiate and/or continue combat engagement with other forces encountered (United States
Warfare
The American war in Vietnam served as the turning point in American warfare. Before
Vietnam, a traditional style of war operated on the war zone. All parties in play wore their
respective uniforms, civilians were, for the most part, left out of fighting, and set rules of combat
were followed. Americas involvement in war prior to Vietnam ran closely to the previous
guerilla warfare into the mainstream. Guerilla warfare focuses on concealment and camouflage.
population to scout the distinguished enemy to prepare for ambushes. In this manner, the
guerilla fighters, better known as insurgents, hold the benefits of both a soldier and a civilian
depending on the situation. This is where the rules of war and ethics are challenged. A violent
insurgent can fight by day, but if in danger, blend in with the civilian population as a safeguard
from American soldiers. This is where Rules of Engagement become important (Walzer, 1977,
p. 176-178).
Counterinsurgency
With the evolving war zone, counterinsurgency has now become the warfare of today,
especially in United States military campaigns in Iraq and Afghanistan. The identification of
RULES OF ENGAGEMENT 5
insurgents and handling insurgents warfare tactics are the two biggest problems in the
counterinsurgency battle. Because enemies in places like Iraq and Afghanistan practice guerilla
warfare as insurgents and blend into the civilian populations, the traditional Rules of
Engagement, built on the traditional warfare model, become nearly impossible to apply to the
counterinsurgency battlefields. Insurgent forces use tactics such as surprise attacks, roadside
IEDs, hit-and-run attacks and then draw back and melt into the civilian population where Rules
of Engagement often stop American soldiers from pursuing. (Pennekamp, 2012). The American
inability to, at times, fight back, creates win-win situations for the enemy insurgent forces. Rules
of Engagement and the provisions of Protocol I of the Geneva Convention allow insurgent forces
to take strategic advantage of American troops and allow the enemy to set the rules of conflict.
The insurgents position themselves so that the U.S. forces will either avoid attacking to prevent
civilian causalities, attack and cause civilian casualties, or lose soldiers. All three options are
victories in the eyes of the insurgents. Not only is the death of American soldiers detrimental to
the homeland support of the war, but also the killing of civilians becomes a means of
international conflict and a conduit of which insurgent forces can use to recruit more men on an
at the strategic disadvantage for their compliance with international and humanitarian law while
insurgent forces hold the upper hand for their noncompliance. This current system makes it
harder for democracies to follow the international law and act as an enabler for insurgent
populations to continue deliberately putting civilians at risk to gain a tactical advantage (Rosen,
2009).
Codes of Law
RULES OF ENGAGEMENT 6
Cruel or inhuman treatment. The act of a person who commits, or conspires or attempts
to commit, an act intended to inflict severe or serious physical or mental pain or suffering
(other than pain or suffering incidental to lawful sanctions), including serious physical
abuse, upon another within his custody or control. (Section 3, U.S. Code 118-2441).
Torture, biological experiments, murder, mutilation, bodily injury, rape, sexual assault, and
taking hostages, along with inhuman treatment are all violations that are clearly defined under
U.S. law. These rules of engagement, some of which are completely necessary and
understandable, can be restricting to military goals and are easy to misinterpret in war ( U.S.
Code 118-2441). So, how can situations in the field where life or death situations take place
within seconds be judged by this high moral document that doesnt show empathy for the
realities of war (Friedman, 2011). However, while American law exists, so does international
law. The Geneva Conventions are a series of treaties on the treatment of civilians, prisoners of
war (POWs) and soldiers who are otherwise rendered hors de combat, or incapable of fighting.
These documents provide international guidelines on the ethics and morals of fighting in a war
supported by a nation (Geneva, n.d.). Protocol I, an addition made to the Geneva Convention in
1949, is a series of laws that were created to help distinguish between civilians and combatants
and help ensure the safety of civilians and the protection of life that surround the war zone.
Protocol I, followed by the United States armed forces, outlaws harming civilian populations.
This code of international law, while it is an important establishment to put humanitarian law in
place, allows insurgents to hide behind a mask as a civilian to ensure their protection. Essentially,
Protocol I limits America by following this addition to the Geneva Convention while the enemies
1949).
Rules of Engagement
RULES OF ENGAGEMENT 7
In the book, Lone Survivor, Marcus Lutrell, a former U.S. Navy SEAL tells his personal story of
his mission that went wrong, Operation Red Wing, in 2005. The mission was to kill an al-Qaeda
leader in Afghanistan. Up on a mountain, setting up a position to get a clean shot on the al-
Qaeda leader, four trained Navy SEALs rested. Then, two goat farmers making their daily
commute for work from the Kunar province ran into the group of American soldiers. At this
point, with two of the locals in the SEALs hands, a difficult and potentially life threatening
decision had to be made. Essentially, if the group of SEALs kill the two men, they could
potentially face life in prison back home. On the other hand, if the SEALs let the two men go
they could easily run down to the village to alert the Taliban forces of the American soldiers
nearby. With limited options, the leader of the group, Murphy, decided to let the men go after
long discussion. Within the hour, as the four soldiers called off the mission and began trekking
back, over 200 Taliban soldiers surrounded the four trained soldiers. That day in the Kunar
Province, three of those American Navy SEALs lost their lives. In addition, another eight SEALs
and eight Marines lost their lives coming in for back up. The story of Operation Red Wing
shows the gravity and strong sense of ethics that hides in the realities of the war zone (Lutrell,
2007). It is a struggle to figure out how to establish an objective Rules of Engagement (ROE)
that allows soldiers the ability to protect themselves and the public, yet prevent tragic occasions
where civilians may be mistaken for threats and their human rights heavily violated (Donati,
2016). Thomas Hardee, A Navy Seal for almost 20 years that lives in Virginia Beach, explained
how every day, every minute, every second Rules of Engagement were kept in the minds of the
soldiers when on tour. The SEAL explained how every morning they would sit down with a Jag
Officer to discuss the relevant Rules of Engagement as they pertained to the current war zone.
Adapting the Rules of Engagement to the war zone is a crucial step to take a document, like
RULES OF ENGAGEMENT 8
Protocol I, written in 1949, and apply it to an ever changing war zone (T. Hardee, Personal
Interview, Dec. 1, 2016). The problem with Rules of Engagement is that the overarching
guidelines must hold liberal enough to protect U.S. forces and civilians in changing war zones
where unconventional forms of attack, such as underground explosives or suicide bombers, are
common. At the same time, the Rules of Engagement must be strict enough to prevent
unnecessary events that result in the harm of innocent civilians (Friedman, 2011). What the
Rules of Engagement ensure is that a soldier has his or her right to immediate self-defense.
Where the ethics and law comes into play is the important interpretation as to what classifies as
an imminent threat of death or serious bodily harm. The law lacks to discern on how to classify
an imminent threat. More so, with the war zone always evolving, it is impossible to create
guidelines to the infinite numbers of situations that could occur on the battlefield. In the case of
the lone survivor, a unique situation, one could easily say the correct choice would have been to
kill the goat farmers. This shows how hindsight bias factors into decisions on what is considered
self-defense (Front Line, 2008). For example, in March of 2005, a car that held an Italian
journalist and an Italian intelligence officer were racing to the Baghdad airport and put in a call
to the American authorities to prompt their passage through an American checkpoint. As the car
approached the checkpoint with speed, the American authorities running the check point
motioned the car to slow down. Flares and gunshots were shot off as warning, yet the car
continued to charge towards the checkpoint. Out of self-defense the soldiers opened fire on
the car, killing the Italian intelligence officer. However, because the Rules of Engagement
allowed them to act out of self-defense, after several warnings were motioned, the Americans
were not charged. They were innocent because of the imminent threat. Anyone could have
been in that car (Paul, 2005). The Rules of Engagement often changed based on the situation and
RULES OF ENGAGEMENT 9
the realities of the war zone. If the conflict is a full-out war, it is often safer because the enemy
can be distinguished. It is the policing efforts done by American soldiers that bring the most
danger, American causalities, and civilian casualties. Thomas Hardee, a former SEAL, explained
how in the early stages of the war on terror in Afghanistan, the Rules of Engagement allowed
him to kill any person pointing a cell phone in their direction or even digging a hole on the side
of the road. The flexibility of such Rules of Engagement occur due to the intensity of the war at
the time and the possible danger planting a bomb in the ground or recording American soldiers
for intelligence can hold to the soldiers lives. On the other hand, if not at war or policing, the
Rules of Engagement are much stricter. Hardee recalls a time where he was riding in his
Humvee full of soldiers in Iraq in 2005, and there would be men riding on motorcycles directly
alongside of the American Humvees while relaying information to another source on their flip
phones. The Rules of Engagement at the time didnt allow the American soldiers to kill the
motorcyclist because they posed no immediate threat, and therefor, the soldiers didnt have a
reason to take action. While the threat was not immediate, the intelligence relayed by the
motorcyclist was used to set up direct attacks on the Humvees. The Rules of Engagement not
allowing the soldiers to take immediate action in this situation poses a stronger threat to the
soldiers (T. Hardee, Professional Interview, Dec. 1, 2016). Truthfully, America has the money,
power, and ability to conquer the majority of situations that occur in the field. New technology
has allowed more power with less American casualties. The problem is that The Rules of
Engagement are too strict to allow Americas Armed Forces to go full force due to the parameters
Furthermore, the Rules of Engagement often allow combatants to blend in to the population and
tactically hold an advantage in their attack. In order to prevent death, the new steps need to be
RULES OF ENGAGEMENT 10
taken. A soldier doesnt have time to vacillate between taking a shot that could save a life and
holding back just because in the back of his mind the soldier has to be able to justify the killing
of the enemy in a court of law (Kyle, 2012). In war, and this has been true ever since the
establishment of war when mankind was born, there lies an extremely blurred line as to where a
soldiers occupation and protection meets the humanitarian rights of civilians that reside within
combatant territory. Where the U.S. soldier crosses or does not cross that line is the question
(Donati, 2016).
Media Bias
Why now? Why are rules of engagement now starting to pop up in the past twenty years?
Ethical issues regarding civilians natural humanitarian rights occurred throughout history up
until present day. The First Amendment to the U.S. Constitution gives citizens the right to
freedom of press. The media works to make a story. In America and war, there are two sides: the
courageous American Soldier, and the American soldier who is abusing his power to treat
innocent civilians inhumanely (Lutrell, 2007). There is no such thing as an objective writer or
reporter because information is spiked in the regards to what caught the readers attention most.
So, minor details are elaborated and ethical problems, such as Rules of Engagement, are isolated
to the inhumane men of the United States creating chaos in the world. Truthfully, the moral
standards of war are not new, and yet they are forever changing. The introduction of media in
America's Press and the forever changing opinions of the people of America, essentially, is what
has brought the ethical issue of laws of engagement into clear sight and importance (Media bias,
gale). In a court case, Sharratt v. Murtha, the appellant, Sharratt brought suit against
Congressman John Murtha for statements Murtha made to the media about the Haditha incident.
In Haditha, Iraq in 2005 a group of U.S. Marines allegedly killed 24 unarmed civilians as what
RULES OF ENGAGEMENT 11
was said to be an act of revenge for a previous explosive attack on the Marines. The case ended
up being dismissed due to a lack of evidence. Sharratt was one of the soldiers involved in the
Haitha incident. Sharratt brought suit because Murthas statements entered the national media
where he released information that he said was from the highest level of the Marine Corps and
that the Marines killed innocent civilians in cold blood. The information, which was never
confirmed, was broadcasted on national television and aired on CNN and NPR. The United
States dismissed Sharratts compliant pursuant because the Department of Justice concluded that
Murtha was acting within the scope of his federal employment when making the comments
giving rise to Sharratts common-law causes of action. Agreeing with the outcome of the court
case, the public has the right to speak and speak it will (Sharratt v. Murtha) Thomas Hardee, on
the other hand, takes a liberal stand point and believes that the media should have access to all
information, and a soldier should be punished if a mistake is made (T. Hardee, Professional
Interview, Dec. 1, 2016) Unlike Hardee, some soldiers believe media and the politicians dont
have the right to send soldiers into battle and into positions the rest of America would be terrified
to take part in and then interfere with their progress. Marcus Lutrell saw the repercussions of
allowing media and politicians take control in his story about Operation Redwing. This is how
Lutrell feels:
Well, the view of most Navy SEALs, the public does not have that right to know, not if it
means placing our lives in unnecessary peril because someone in Washington is driving
himself mad worrying about the human rights of some cold-hearted terrorist fanatic who
would kill us as soon as look at us, as well as any other American at whom he could point
that wonky old AK of his. (Lutrell, 22)
People in the armed forces hold different views about the role the media plays in war, but it is
certain that the restrictions upheld by the media and politicians often put American soldiers in
vulnerable situations where the split second decisions can prove costly (Lutrell, 2007).
RULES OF ENGAGEMENT 12
The line is not crossed as long as the decision made can be justified within the soldiers
head. When a soldier believes that their actions are taken in a response to a direct threat or a fear
of their life then, most likely, the situation has not crossed the line. The fear of prosecution is not
something a soldier is afraid of because it disables the soldier from being aggressive. It is
difficult to prosecute a soldier who is fighting for their country for reacting to a threat or
defending his or herself. Crossing the line often occurs when anger, revenge, or a reaction that is
not immediate is involved. When the response or action taken is premeditated or not self-
defense then, often, the soldier crosses that blurred line of humanitarian law outline in the Rules
of Engagement (T. Hardee, Professional Interview, Dec. 1, 2016). For example, while on a
patrol in Iraq an army group under sergeant Hatley passed a lone Iraqi in the streets, and he
proceeded to run into shelter. Naturally, although there was no evidence on this guy, the team of
U.S. soldiers followed him up the building and then detained five male citizens with no evidence
but a possession of a rifle against him. Long story short: the sergeant in control had the detainees
driven to a canal in the dark where they proceeded to execute the blindfolded detainees and
dump them into the river with no real evidence or defense for their work. Hatley made it clear to
the soldiers that the way he decided to handle situations were in the best interest of American
lives and that the soldiers would follow his own set of rules. This sergeant was charged with 20
years in an American prison. So, when the line is truly crossed, America does, and has, taken its
part in prosecuting the man who strips civilians of their rights and takes a matter across the
blurred line (Langewiesche, n.d.). The diversity of situations that can unfold on a battlefield and
the ethics involved in combat leave a blurred line in what violates humanitarian law. However,
war is reality. Obvious action can be seen when a soldier crosses the line on purpose rather than
RULES OF ENGAGEMENT 13
making a simple split second mistake in an attempt to protect his or her brothers at war. When
the line is truly crossed, American soldiers cannot use defending their country as a scapegoat to
justifying their inhumane actions (Lutrell, 2007). It is important to introduce the conscious of
killing. Killing another person is not an easy thing to do for most soldiers, yet it is a necessity in
combat. Chris Kyle, a former U.S. marine and one of the most lethal snipers in U.S. military
history, understands the conscious behind pulling the trigger. Not only does he recognize that an
unjustified shot will land a sniper in prison, but he understood the conscious behind targeting
insurgents and the fog of uncertainty insurgents create. Chris Kyle explained how his first and
most difficult kill as a sniper was a mother drawing a grenade from her clothing. He also
explained the thought process of morally not being able to pull the trigger on a young child
attempting to operate an RPG. Most importantly, Chris Kyle demonstrated the point that there is
a strong conscious to killing. Unless by self-defense, it is not always easy to gun down another
human being, and if the line is crossed, a soldier will consciously know if his or her personal
Counter
In opposition, from the point of view of terrorist organizations or insurgent enemies, the U.S. has
natural hatred towards terrorist groups and their style of combat and are using this hatred, which
has accumulated to an easy excuse or scapegoat to legitimize the killing of a combatant, whether
it is just or not. No matter the violence the insurgent may display, the American has the ability to
use the defense of his country as an easy way out. This scape goat method and the tendency of
the U.S. soldiers to be exhibiting "good violence" has led the United States to profile enemies
related to terrorist organizations as "others" and leads to their inhuman treatment without
punishment (Duvvuru, 2013). Yes, there is sense to the enemys side, but its not entirely true and
RULES OF ENGAGEMENT 14
one important thing to remember: war is a reality. Obvious action can be seen when a soldier
crosses the line on purpose rather than making a simple split second mistake in an attempt to
protect his brothers. When the line is truly crossed, the scapegoat is not always effective.
(Lutrell, 2007) In fact, it is not the soldiers that are the insurgents or civilians concern. It is
often the U.S. military weapons that have imperfect targeting methods that often kill or injure
large numbers of civilians. The soldiers conscious mind allows them to analyze the situation of
the counterinsurgency warfare from the ground (Kahl, 2006). Also, for example, when a Muslim
enemy, such as the Taliban, argue that killing for war is a scapegoat, the enemy forgets to
mention the advantage they hold. When a bomb or shooting erupts that originated from an
American weapon kills civilians, or even insurgents who are acting like civilians, the enemy
grows. Insurgent warfare will market civilians deaths at the hands of U.S. forces to recruit more
soldiers for groups like the Taliban to make stronger armies to fight with a stronger passion of
anti-Americanism.
Solutions
Thomas Hardee mentioned how the Rules of Engagement have improved throughout
time with counterinsurgency warfare. The Rules of Engagement are more lenient yet more
precise and descriptive to help soldiers ensure their safety while still fighting the enemy (T.
Hardee, Professional Interview, Dec. 1, 2016). While the Rules of Engagement continue to
improve to match new war zones, the ethics involved in combat, especially with insurgents, will
always create a blurred line, just as it has throughout the history of war. Now, the solution
involves a change. The American forces need to make a big shift from their kill-capture
insurgents to kill or capture them, the force should be focused on promoting local government
RULES OF ENGAGEMENT 15
and economic programs to help develop and win over the civilian populations where insurgent
forces reside. This strategy will prove extremely difficult from a Rules of Engagement stand
point, however, using the force to ensure the cooperation of the local community so that the
civilians detach from the local insurgent power. Currently, the insurgents continue to feed the
anti-Americanism mindset and the idea that Americans are cold-blooded killers into the mind of
the locals to keep the civilians loyalty. Breaking the bond between the civilians and insurgents
will weaken the insurgent forces and potentially cause fewer situations to occur where a blurred
line is created due to the ethics and humanitarian law that appears in a war zone situation
(Pennekamp, 2012). Avoiding potential massacres or incidents from occurring is the first
step in gaining the trust of the noncombatant population and weakening the anti-Americanism
hate in insurgent war zones. Making this change is a potential solution for counterinsurgency
warfare, but also, ensuring that U.S. forces comply with noncombatant immunity is not just the
right thing to do for the civilians; it is also the right thing to do for Americans (Kahl, 2006).
In the present war zone, current United States Rules of Engagement are increasing
vulnerability of the American Soldier in foreign war zones by failing to recognize the magnitude
of war and allowing enemies an advantage by over-emphasizing humanitarian law. The realities
and diversity of the war zone often create a blurred line on whether an American soldiers actions
are unethical or violating humanitarian laws. The new and developed style of warfare,
counterinsurgency, makes is easy for the enemy to blend into the civilian population, allowing
insurgents to capitalize on strategic advantages that occur because of their noncompliance with
humanitarian and international laws. It is important to understand the possible situations soldiers
enter in war and understand the conscious of killing when dealing with the Rules of Engagement
and counterinsurgency warfare. There is a large moral decision involved in taking the life of
RULES OF ENGAGEMENT 16
another human and one thing American soldiers dont need to hinder their responsibilities on the
battle field is to wonder whether they can justify a shot made on an insurgent, who is most likely
working to kill Americans, to a lawyer back in the United States. In a time of battle, where
tensions flare and risk is high, out of date Rules of Engagement and men in America who have
zero understanding of the battlefield interrupt a soldiers ability to do their job, turning an
already dangerous battlefield into an increased chance of possible American fatalities. Save
Americas troops.
RULES OF ENGAGEMENT 17
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