from carl
It is as if JAM wrote the rule
Probably not - although that would be a very direct form of Lawfare (by infiltration and subversion) at the operational level. I suspect that it is another example of political (perhaps some policy) considerations driving the vehicle - although someone's military concept of best practices in transition may also have much to do about it.

This ties in with the thread on Afghanistan ROE Change, where Uboat posed an intelligent question:

What I have been wondering is, is this policy really General McChrystal's? Or is something that has been quietly dictated to him by someone higher in the COC? Civilian casualties aren't just a liability to our operations in Afghanistan, they are a political liability to our elected officials. Airstrikes in particular look bad on TV. Perhaps it is my cynicism speaking but this could be an attempt to become a more effective COIN force or it could be political expediency.
I've no answer for that one, or for this one. It may be political, it may be military or it may be both - only the flies on certain walls know (not even The Shadow knows - which dates me to late 40s and early 50s radio).