I go along with Steve and Ken, but look at it from another vantage point. The LE-ization, SOF-ization and contradictory (or absent) TTPs and training practices, have gone a long way to replace ROEs based on the Laws of War (Laws of Armed Conflict; International Humanitarian Law) with ROEs (and TTPs) based on civilian legal rules (the "Rule of Law" and International Human Rights Law).
This is again beating the horse that Polarbear1605 and I have been beating for the past 4 years; but that horse (unfortunately) is still alive and kicking.
Its most recent resurrection was last month with release of ATTP 3-37.31, Civilian Casualty Mitigation (July 2012), whose second paragraph sets the test:
In how many "CQB" situations involving irregular forces (such as room clearing, stairwell clearing, persons at an IED scene exiting a vehicle, etc.), will there not be at least some doubt as to the status of the shootee ?1-2. During armed conflict, Army forces protect civilians through civilian casualty (CIVCAS) mitigation. CIVCAS mitigation is all measures to avoid or minimize CIVCASs and reduce the adverse impact of those that occur. In the context of CIVCAS mitigation, a civilian is any person who is not a combatant. In other words, a civilian is a person not engaged in hostilities during an armed conflict, regardless of the groups or organizations to which the person belongs. If there is any doubt, Army forces consider a person to be a civilian. In the context of CIVCAS mitigation, a CIVCAS refers to any civilian wounded or dead as a result of armed conflict.
This ATTP (3-37.31), BTW, is not a legal or ROE text as such; but rather a GPF operational text (from Preface):
civcasmitigationcycle.jpgArmy Tactics, Techniques, and Procedures (ATTP) 3-37.31 is the Army’s doctrinal publication for mitigating civilian casualties (CIVCASs). The purpose is to provide doctrinal guidance for minimizing CIVCAS incidents and managing their consequences. The focus is on guiding Army leaders conducting operations involving armed conflict.
Like John Keegan, I've never been in a battle; nor have I been close to a battle. So, to those who have, is this ATTP bullroar - or am I missing something ?
Regards
Mike
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