Civilian Casualties, Religion, and COIN Operations

[jmm99]

"Afghanistan ROE Change" (9 pages) for a discussion of the military, political and legal issues in the specific context of Astan civilian casualties - good case study.

PS: I don't see where or how religious considerations enter into our (US) developmemt of ROE/RUFs, and other military law issues.

With respect to AQ, their merger of religion and law has had an impact on their view of non-combatant casualties. See, 2008 SWJ, "The Erosion of Noncombatant Immunity within Al Qaeda" - abstract:

Since its inception, al Qaeda’s treatment of noncombatant immunity has migrated from full observance to complete disregard. In just over a decade, al Qaeda transitioned from basing entire operations on the inviolable nature of noncombatant immunity to specifically targeting noncombatants. From 1991 until 2002, al Qaeda evolved through five distinct phases in its observance of noncombatant immunity. These phases transition from Phase One’s complete respect for noncombatants to Phase Five’s intentional targeting of millions of noncombatants with weapons of mass destruction. More recently, however, al Qaeda appears to be taking stock of the harm that targeting noncombatants is having on its cause. This paper will provide a phased analysis of how al Qaeda’s provision of noncombatant immunity disintegrated over time and why it may be returning today. This progression of thought and action concerning noncombatants serves as a roadmap by which to understand how and why al Qaeda made these ideological leaps.

Good article, which I don't think I've discussed at any length.