Conclusions

This study has sought to contribute to the communication between the academic analysis of the legal aspects of the use of force and the realm of pragmatic application of the rules on the use of force during the conduct of military operations, presenting the case for the need, indeed necessity, for both these realms to remain connected. This chapter presents a conceptual model of rules of engagement (ROE) on the basis of the constituent chapters of the book, drawing on the introductory discussion of the classic ROE model in Chapter 1. It re-examines the influence of political, operational, and legal considerations on ROE and describes the overall function of ROE in terms of applicable law and in the context of the international law of military operations. Drawing on the underlying conclusions from this study, the main questions discussed in the Introduction will be addressed in order to answer the central question: what is the function of ROE and derivative (or similar) rules on the use of force in the context of the legal framework governing the use of force during military operations.

Jus ad Bellum and Military Command

This chapter discusses the various legal bases for the use of force, including national self-defence and the criteria for national self-defence, examining the law governing the initiation of the use of force, jus ad bellum. It also looks at the various command and control systems applicable to both the operations and the operational planning process. Further, it discusses the role of non-State actors in the context of national self-defence as well as the use of force on the territory of third States in the context of a non-international armed conflict.

Basic Principles of Rules of Engagement

This chapter provides a general introduction to the concept of rules of engagement (ROE) and similar rules on the use of force. It discusses the basic principles and purposes of ROE in military operations and presents a classical model of ROE. In that model, the influences of operational, political, and legal aspects of the use of force are combined to produce the basis for ROE. The chapter also discusses derivative instructions, such as ‘soldier’s cards’, and special forms of ROE. Finally, the chapter discusses the operational planning process to explain the placement of ROE in the overall military operational planning procedures and concepts.

Rules of Engagement and Human Rights Law

This chapter analyses the interaction between rules of engagement (ROE) and international human rights law. To support the analysis, the chapter first discusses the extraterritorial applicability of international human rights law in the context of international military operations, drawing on the case law of several human rights law bodies. The chapter then discusses the interaction between international humanitarian law (IHL) and international human rights law, including a discussion of the differences in meaning of the concepts of necessity and proportionality in each paradigm. The role of international human rights law in the ROE is discussed, especially regarding the right to life.

Rules of Engagement and Humanitarian Law

The focus of this chapter is on the law of armed conflict and as such, analyses the influence of international humanitarian law (IHL) on the rules on the use of force, discussing the implementation of specific elements of IHL, in particular the principle of distinction in the rules of engagement (ROE) which authorize the use of force against persons and objects. Further, in discussing the principle of distinction, specific attention is given to the role of ROE as regards targeting persons and objects, including the concept of direct participation in hostilities and the difference between status-based targeting and behaviour-based targeting. This chapter will also explore other elements of the principles of IHL, such as proportionality and precautions in attack.

Rules of Engagement and Self-Defence

This chapter discusses the interaction between (the law of) self-defence and the rules of engagement (ROE), and how they play out against the military, and subsequently the political objectives of governments. It analyses the various forms of self-defence, from a national to individual perspective, including unit self-defence and force protection, and examines the legal basis and framework for each type of self-defence. The chapter goes on to analyse how these frameworks interact with, and influence, the ROE for military operations, discussing the concepts and applications of Hostile Act and Hostile Intent as followed by the North America Treaty Organization and the European Union in specific detail.

Rules of Engagement and (International) Criminal Law

This chapter discusses the role of rules of engagement (ROE) in the context of criminal law and the influence of criminal law on ROE, continuing on to examine the two principal roles ROE can play in the criminal law context: as an accusatory device and as an exculpatory device. Further, it explores the concept of ‘ROE crimes’ and analyses the concept of mens rea in the context of ROE and military operations, with special emphasis on the role of the defence of superior orders in (international) criminal law. The chapter concludes with a discussion of several criminal law cases centred on ROE.

Introduction and History of Rules of Engagement

This section provides an overall introduction to the book, explaining the methodology of studying rules of engagement in the context of (international) law. The book adopts the perspective of military and law enforcement personnel on the actual application of the use of force in military operations and in law enforcement. On these bases, the focus is principally directed at the rules on the use of force issued to such personnel in order to carry out their tasks, while their analyses and interpretations were directed at those rules themselves as the principal source of authorizations and restrictions on the use of force in the conduct of their operations. Furthermore, the chapter provides a historical overview of how rules of engagement have developed from ancient times to the present, with a particular focus on how they have been affected by the conflicts of the twentieth century onwards.