because I'm headed out to one of the provinces shortly.

First, I'll be candid and admit that I'm not completely sure we can bring the rul e of law (at least in the western sense) to Afghanistan. The desire for it just doesn't seem to be there. The feeling is more one of "Let me get what I can because the Americans are leaving in 2014." That being said, the mission is the mission and we do what we can to accomplish it. The COIN mission dictates that LoW and RoL apply simultaneously in that, as I've previously indicated, LoW in a subset of RoL. In other words, complying with LoW demonstrates some aspect of RoL.

I think I'm beginning to understand where PolarBear is coming from; although I still disagree with his conclusion. I think he is disturbed by the over-legalization of the battlefield to the extent that it places lives in danger. For example, what would have happened if our sentry had withheld his fire in the Italian case and it was a bad guy. We learned that lesson in Beirut.

If this is the foundation of your argument, I agree to an extent. However, that over-legalization emanates from overly restrictive ROE, not RoL. ROE is a political call, not a legal one. It becomes legal in the sense that it is an order subject to the UCMJ. In other words, to the extent that ROE jeopardizes American lives, blame politicians and commanders not lawyers. We don't make ROE. Also, I do agree (assuming that really is the basis for your position) that ROE is overly restrictive and could place our guys in dangers. That is why I emphasize the self-defense portion of ROE.

In my own case, I always ask "can I articulate a rational reason for fearing for my safety?" If so, I'm good to go. I also support the position that any "close call" shooting should immediately require a defense attorney for the shooter and a 24 hour cooling off period before the shooter can be questioned. This eliminates adrenaline outbursts from the shooter that may or may not reflect reality. I think I may be in the minority on this though.

If I'm completely off target here, I can reengage when I get back from down south.