E78: ROE and the Law of War

The Ancient Art of Modern Warfare

How do rules of engagement promote compliance with the laws of war when those fighting war seem to do so without any basic consideration of humanity? I think that to answer this question, we must revisit the laws and customs of war, sometimes called International Humanitarian Law. This includes understanding that not every act of violence in war is a war crime. Effective ROE is a control to manage the risk that the violence inherent to war does not become an excuse for war crimes.

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about law of war came from staff judge advocates telling me what I couldn’t do or how to do the things I wanted to do without going to jail. Special thanks to the memory of Col. Hays Parks, USMC Ret.

Music: Holst, G: The Planets, Mars, the Bringer of War (Internet Archive: https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709)

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

References:

• The ICRC Casebook, glossary: https://casebook.icrc.org/a_to_z/glossary/war-crimes
• 18 U.S. Code § 2441 - War crimes

• Geneva Conventions of 1949: https://ihl-databases.icrc.org/en/ihl-treaties/geneva-conventions-1949additional-protocols-and-their-commentaries

• Operational Law Handbook, The Judge Advocate General’s Legal Center and School Charlottesville, Virginia, Chapter 5 (2022)