MILITARY JUSTICE AND YOU
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MILITARY JUSTICE AND YOU
WHY DO WE HAVE A SEPARATE MILITARY JUSTICE SYSTEM?
PROMOTE JUSTICE
HELP MAINTAIN GOOD ORDER AND DISCIPLINE IN THE ARMED FORCES
PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE MILITARY
STRENGTHEN NATIONAL SECURITY
COMPARISON OF MILITARY AND CIVILIAN JUSTICE SYSTEMS
ARTICLE 32 HEARING v.s. GRAND JURY
RIGHT TO COUNSEL
JURY SYSTEM
GUILTY PLEAS
LEGAL SOURCES OF MILITARY JUSTICE
US Constitution
Uniform Code of Military Justice
Manual for Courts-Martial, U.S., 1984
Local Regulations
Court Decisions
KEY PERSONNEL IN THE MILITARY JUSTICE SYSTEM
COMMANDER
Staff Judge Advocate
Trial Counsel
Defense Counsel
Military Judge
Legal Specialist/ Court Reporter
UCMJ JURISDICTION
OVER THE PERSON:
ACTIVE DUTY SOLDIERS & RESERVISTS WHILE ON AD
MILITARY ACADEMY CADETS AND MIDSHIPMAN
NATIONAL GUARD PERSONNEL IN FEDERAL SERVICE UNDER TITLE 10, U.S.C.
ENEMY PRISONERS OF WAR
OTHERS
OVER THE OFFENSE:
WORLDWIDE JURISDICTION
POSSIBLE CONCURRENT JURISDICTION
CRIMES UNDER THE UCMJ
COMMON LAW CRIMES
MILITARY CRIMES
Preliminary Investigation:
WHAT IS THE SOURCE AND CONTENT OF THE WARNINGS?
Article 31, UCMJ, component
Nature of the suspected offense
The Right to remain silent
Any statement made can be used at trial
5th Amendment/Miranda Component
Right to consult an attorney prior to questioning and have an attorney present during questioning
6th Amendment Component
Right to representation at all critical stages
HOW TO CONDUCT A GOOD INTERVIEW
DEVELOP A LIST OF QUESTIONS BEFORE STARTING THE INTERVIEW USING THE ELEMENTS OF THE OFFENSE(S) IN PART IV OF THE MCM.
HAVE A THIRD PARTY SIT IN ON THE INTERVIEW IF POSSIBLE. THE OBSERVER TAKES NOTES. YOU ASK OPEN-ENDED QUESTIONS AND LISTEN.
HOW TO CONDUCT A GOOD INTERVIEW (cont.)
WRITTEN RIGHTS WAIVER CERTIFICATES AND SWORN STATEMENTS ARE GREAT, BUT NOT REQUIRED. DO THE BEST WITH WHAT YOU HAVE.
CONDUCT THE INTERVIEW IN A PLEASANT SETTING WITH AMPLE BREAKS TO AVOID A DUE PROCESS (COERCION) CHALLENGE.
SEARCH AND SEIZURE
MESS IT UP AND GET YOUR NAME MEMORIALIZED
IN AN APPELLATE COURT OPINION!
SEARCH AND SEIZURE
4TH AMENDMENT
“The right of the people to be secure… against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue but upon probable cause…”
SEARCHES NOT REQUIRING AUTHORIZATION
Consent Search
Voluntary consent (shown by clear & convincing evidence)
May be partial/limited
Good insurance, always ask for it
SEARCHES NOT REQUIRING AUTHORIZATION (cont.)
Investigative Detention/Frisks
IF DETAINING OR FRISKING, YOU GET TO SEARCH THE PERSON AND THE IMMEDIATE AREA SUBJECT TO HIS CONTROL
SEARCHES NOT REQUIRING AUTHORIZATION (cont.)
Exigent Circumstances
If delay threatens removal, destruction, or concealment of evidence
ADMINISTRATIVE INSPECTIONS
COMMANDERS HAVE THE RIGHT AND DUTY TO INSPECT TROOPS AND EQUIPMENT
PRIMARY PURPOSE: TO ENSURE SECURITY, FITNESS (e.g.. HEALTH, SAFETY), OR GOOD ORDER AND DISCIPLINE – NOT EVIDENCE OF A CRIME
HANDLING EVIDENCE
PRESERVE CONDITION OF EVIDENCE
PRESERVE CHAIN OF CUSTODY
Then What?
Offenses Should Be Disposed of in a Timely Manner, at the Lowest Appropriate Level
NON-PUNITIVE MEASURES TO MODIFY BEHAVIOR/CONDUCT
COUNSELING: ORAL AND WRITTEN
BAR TO REENLISTMENT
ADMONITIONS & REPRIMANDS
Factors Considered When Choosing Your Course of Action:
Service Record
Nature of Offense
Harm Done
Punishment Available
Cooperation
Available Evidence
THE BAR TO REENLISTMENT
THE ARMY DESIRES TO RETAIN ONLY THOSE SOLDIERS OF HIGH MORAL CHARACTER, COMPETENCE, AND DEMONSTRATED ADAPTABILITY (AR 601-280).
INITIATION OF PROCEEDINGS REQUIRED FOR: FAILURE TO MAKE SATISFACTORY PROGRESS IN ARMY WEIGHT CONTROL PROGRAM, 2 CONSECUTIVE APFT FAILURES, REMOVAL FOR CAUSE FROM NCOES COURSES.
BAR TO REENLISTMENT — PROCEDURES
INITIATE THE BAR
NOTICE TO AND REBUTTAL BY SOLDIER
APPROVAL OF BAR
PERIODIC REVIEW BY UNIT COMMANDER
BAR TO REENLISTMENT — PROCEDURES
INITIATE THE BAR
NOTICE TO AND REBUTTAL BY SOLDIER
APPROVAL OF BAR
PERIODIC REVIEW BY UNIT COMMANDER
THE ADMINISTRATIVE REPRIMAND
OFFICIALLY DOCUMENTS MISCONDUCT OR POOR PERFORMANCE IN OFFICIAL FILES (AR 600-37)
AFTER INITIATED, SOLDIER MAY REBUT IN WRITING
FILING OF LETTER
ENLISTED ADMINISTRATIVE SEPARATIONS
(AR 635-200)
SOLDIERS ALWAYS AFFORDED NOTICE & AN OPPORTUNITY TO RESPOND
ENTITLED TO A BOARD IF MORE THAN 6 YEARS OF SERVICE, OR OTHER THAN HONORABLE DISCHARGE SOUGHT
PUNITIVE OPTIONS
NONJUDICIAL PUNISHMENT (ARTICLE 15)
SUMMARY COURT-MARTIAL
SPECIAL COURT-MARTIAL
NONJUDICIAL PUNISHMENT
“… any COMMANDING OFFICER
may, in addition to or in lieu of
admonition or reprimand,
impose one or more of the
following disciplinary
punishments for minor offenses
without the intervention of a court-martial…”
ARTICLE 15 — INITIAL RESPONSIBILITIES
OF THE COMMANDER
PRELIMINARY INVESTIGATION
Whether offense was committed
Whether soldier was involved
Character & military record of the soldier
DA FORM 2627 or 2627-1
NOTIFICATION OF SOLDIER
SOLDIERS’ RIGHTS IN ART 15’s
FORMAL AND SUMMARIZED
Remain Silent
Examine Evidence
Present a Defense
Call Witnesses
Demand Trial by Court-martial
Have an Appeal
FORMAL ART 15’s HAVE ADDITIONAL RIGHTS, SEE NEXT SLIDE
SOLDIER’S RIGHTS IN ART 15’S
Additional rights available only in Formal Article 15’s (both Company Grade and Field Grade)
Consult with counsel
Have a spokesperson
Ask for an open hearing
HOW TO: ART 15 HEARING
PURPOSE: Determine if the accused committed the offense; and if so impose punishment
COMMANDER’S ACTIONS:
Consider the evidence presented
Decide guilt or innocence
Impose appropriate punishment
Explain rights to appeal
STANDARD: CO must be certain of guilt BEYOND A REASONABLE DOUBT.
ART 15 PUNISHMENTS
CATEGORIES
Admonishment/Reprimand
Forfeiture of Pay
Restriction
Extra Duty
Reduction in Rank
Correctional Custody
Amount of punishment depends on rank of accused and imposer
ART 15 APPEALS
PROCEDURE;
Written appeal (some CO’s permit personal appearance)
Submitted thru imposing CO
APPELLATE AUTHORITY
Next highest level commander
FILING OF AN ARTICLE 15
SUMMARIZED: KEPT IN UNIT (LOCAL) FILE FOR TWO YEARS OR TRANSFER
FORMAL: DEPENDS UPON PAYGRADE OF ACCUSED
E-4 and below it is filed locally
E-5 and above it is filed in the OMPF
COURTS-MARTIAL
SUMMARY
SPECIAL
BAD CONDUCT SPECIAL
GENERAL
PREFER & FORWARD CHARGES
DD FORM 458 (CHARGE SHEET), AND R.C.M. 307 PROVIDE INSTRUCTIONS
CHARGE & SPECIFICATION FORMAT
OATH & PERSONAL KNOWLEDGE or INVESTIGATION
FORWARD TO SCMCA WITH RECOMMENDATION
PRETRIAL RESTRAINT IS AUTHORIZED UPON PROBABLE CAUSE THAT:
UCMJ Offense has been committed,
Accused committed it; and
Restraint is REQUIRED to ensure the accused’s presence or to prevent foreseeable serious criminal misconduct
FORMS OF PRETRIAL RESTRAINT
Conditions on liberty
Restriction
(in lieu of arrest)
Arrest
Confinement
PRETRIAL CONFINEMENT
INFORM THE SJA!
SPEEDY TRIAL REQUIREMENTS
120-Day Rule
90-Day Rule
10 COMMANDMENTS OF UNLAWFUL COMMAND INFLUENCE
10 Commandments of Unlawful Command Influence
5) No outside pressures may be placed on the judge or court members to arrive at a particular decision.
6) Witnesses may NOT be intimidated or discouraged from testifying.
7) The COURT decides punishment. Accused may NOT be punished before trial.
10 Commandments of
Unlawful Command Influence
8) Recognize that subordinates & staff may “commit” command influence that will be attributed to the CO, irregardless of his knowledge or intentions.
9) Commander may not have an inflexible attitude towards clemency.
10) If a mistake is made, raise the issue immediately.
RECAP OF MAIN TEACHING POINTS
Comparison of Military & Civilian Justice Systems
UCMJ Jurisdiction
Rights Warnings before official questioning
Search Authorization/ Admin. inspections
Nonpunitive Administrative Actions
Article 15, How to
Pretrial Restraint
Initiation of Court-martial Charges
Unlawful Command Influence
DoD POLICY ON
HOMOSEXUAL CONDUCT
DoD Policy on Homosexual Conduct
At the conclusion of this session, you will be able to:
State basic points of DoD Policy
Define Sexual Orientation
State Commander’s Responsibilities
Describe characteristics of credible information
List staff resources who can provide assistance
The Policy:
Suitability is based on CONDUCT
SEXUAL ORIENTATION
Is a personal/private matter
Is “an abstract sexual preference for persons of a particular sex as distinct from a propensity to engage in sexual acts”
DEFINITIONS
Propensity: Indicates a likelihood that a person engages in or will engage in homosexual acts
Homosexual: A person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts
WHAT IS HOMOSEXUAL CONDUCT? S.A.M.
STATEMENT
ACT
MARRIAGE BETWEEN THE SAME SEX
STATEMENT
Conveyed through language or behavior
Indicates a propensity or intent to engage in homosexual acts
IS REBUTTABLE
ACTS
ANY BODILY CONTACT:
Activily undertaken or passively permitted, between same sex persons for the purpose of satisfying sexual desires
That a reasonable person would understand to show a propensity or intent to engage in act described above
Behaviors which are not homosexual acts
Associating with known homosexuals
Marching in a gay rights rally in civilian clothes
Possessing or reading homosexual publications
Going to a gay bar
RECAP
Sexual Orientation is a private/personal matter
CONDUCT determines suitability for service
Homosexual Conduct (SAM) is justification for administrative discharge
DoD POLICY ON HOMOSEXUAL CONDUCT AFFECTS
Accessions
Separations
Criminal Investigations
Security Investigations
Military Training
ACCESSIONS
Sexual orientation ALONE is not a bar
Will not be asked to reveal whether they are heterosexual, homosexual, or bisexual
All will be informed of policy
SEPARATIONS
Based on CONDUCT
Three bases: S A M
Discharge for engaging in homosexual conduct will be “honorable” or “under honorable conditions”
A Court-Martial can have worse consequences.
CRIMINAL INVESTIGATIONS
Not done solely to determine sexual orientation
Sexual misconduct alone, between consenting adults, in private, is generally insufficient to prompt a criminal investigation
CRIMINAL INVESTIGATIONS
Allegations of sexual misconduct handled by CO in the absence of aggravating factors
If CO is uncertain what to do call JAG
PERSONNEL SECURITY
No investigation solely to determine sexual orientation
No questions about sexual orientation on Security Questionaire
Only sexual CONDUCT can be questioned
No info about sexual orientation or conduct can be used for separation
MILITARY TRAINING
Soldiers are to be informed of policy
Commanders, recruiters, and investigators, etc., are to be informed of the policy
Commander’s Responsibilities
Ensure soldiers are briefed on DoD Policy on homosexual conduct
Ensure refresher and optional individual training in Military Justice, IAW AR 27-10, paragraph 19-2f
HOW SHOULD A COMMANDER RESPOND TO ALLEGATIONS OF HOMOSEXUAL CONDUCT?
WHAT THE CO SHOULD DO:
Determine if the conduct fits the DoD definition of homosexual conduct (SAM)
Verify that the information is credible
Start informal fact-finding only if credible info exists
WHAT IS CREDIBLE INFO?
Comes from a reliable source
Is an observation (sight or sound) of conduct
Would lead reasonable person to believe the person making the statement or act intended to convey the fact that he/she engages in or has propensity to engage in homosexual conduct.
HOW SHOULD YOUR COMMANDER CARRY OUT THE INQUIRY?
Confine all questions to homosexual conduct (NOT orientation!)
Verify that info is credible
Seek legal advice as needed
RESOURCES AVAILABLE TO SUPPORT YOU
SJA
MP
CID
REVIEW
Basic Points of DoD Policy
Definitions
CO Responsibilities
Available Assistance
Questions Concerning the DoD Policy on Homosexual Conduct
Application of the DoD Policy
(Discussion of Scenarios)
Outline of Instruction
Background
Forbidden targets, tactics, and techniques
Enemy captives and detainees
Civilians and private property
War crimes
Summary
BACKGROUND
ANCIENT/BIBLICAL
MIDDLE AGES
CHIVALRY
GROTIUS
GENERAL ORDER 100
GENEVA/HAGUE CONVENTIONS
THAT WAS THEN …
“War is an act of force to compel our enemy to do our will. … Attached to force are certain self-imposed, imperceptible limitations hardly worth mentioning, known as international law and customs, but they scarcely weaken it.”
Clausewitz, 1820
THIS IS NOW ….
SOURCES OF THE LAW OF WAR
CUSTOM
TREATIES OR CONVENTIONS
Hague Regulations
1949 Geneva Conventions
U.S. CONSTITUTION ARTICLE VI
DoD.Dir 5100.77
CJCSI 5810.01
WHY STUDY/OBEY THE LAW OF WAR?
IT’S THE LAW
ENHANCES PUBLIC SUPPORT
ENCOURAGES RECIPROCAL TREATMENT BY THE ENEMY
YOU’RE PERSONALLY LIABLE FOR YOUR VIOLATIONS
TREATIES REQUIRE WE STUDY “LAW OF WAR”
WHY STUDY/OBEY THE LAW OF WAR?
YOU MAY BE LIABLE FOR SUBORDINATE’S VIOLATIONS
VIOLATIONS OF THE “LAW OF WAR” GAIN NOTHING
OUR VIOLATIONS STRENGTHEN ENEMY RESOLVE AND WEAKEN US
THE BOTTOM LINE
RESPECT FOR THE LAW OF WAR SEPARATES UNRULY MOBS FROM PROFESSIONAL SOLDIERS.
PURPOSES OF THE LAW OF WAR
PREVENT UNNECESSARY SUFFERING
SAFEGUARD FUNDAMENTAL RIGHTS
FACILITATE RESTORATION OF PEACE
LEGAL
PRINCIPLES
MILITARY NECESSITY
HUMANITY
PROPORTIONALITY
DISCRIMINATION
MILITARY NECESSITY
NOT FORBIDDEN BY INTERNATIONAL
LAW AND INDISPENSABLE FOR COMPLETE SUBMISSION OF THE ENEMY AS SOON AS POSSIBLE (FM 27-10 PAR. 3)
HUMANITY
UNNECESSARY SUFFERING
INCIDENTAL INJURY
COLLATERAL DAMAGE
PROPORTIONALITY
UNNECESSARY SUFFERING MUST NOT BE EXCESSIVE IN RELATION TO THE CONCRETE AND DIRECT MILITARY ADVANTAGE
DISCRIMINATION
PERSONS
PLACES
PROPERTY
FORBIDDEN TARGETS, TACTICS, AND TECHNIQUES
Noncombatants
Parachutist v. Paratrooper
Protected symbols
Principles revisited
Protected property
Weapons and Tactics
Noncombatants
DIPLOMATS & EMBASSY PERSONNEL
STAFF OF RELIEF SOCIETIES
MEDICAL PERSONNEL& CHAPLAINS
NONBELLIGERENT CIVILIANS
SICK AND WOUNDED
PWs
COMMON ARTICLE 3
PROHIBITIONS
(also applicable to OOTW)
VIOLENCE TO LIFE AND PERSON, IN PARTICULAR, MURDER, MUTILATION, CRUEL TREATMENT, AND TORTURE
TAKING OF HOSTAGES
OUTRAGES UPON PERSONAL DIGNITY, IN PARTICULAR, HUMILIATING AND DEGRADING TREATMENT
THE PASSING AND EXECUTION OF SENTENCES WITHOUT ANNOUNCEMENT OF A JUDGMENT IN A REGULARLY CONSTITUTED COURT WHICH AFFORDS THE ACCUSED THE BASIC TENANTS OF DUE PROCESS OF LAW RECOGNIZED AS INDISPENSABLE BY THE CIVILIZED PEOPLE OF THE WORLD
Parachutist v. Paratrooper
Parachutists jumping from disabled aircraft are considered noncombatants
Paratroopers jumping as a means to get to the fight are combatants
Protected Symbols
Red Cross
Red Crescent
Red Star of David
Protected property
Churches
Schools
Museums
Hospitals
Cultural
PROTECTED PERSONS AND PROPERTY
NO PROTECTION IS ABSOLUTE – MISUSE OR ABUSE RESULTS IN LOSS OF PROTECTION
WHAT DO WE DO IF A PROTECTED PLACE OR PERSON IS HIT BY ACCIDENT?
REPORT IT.
INVESTIGATE AND DOCUMENT IT.
MITIGATE IT (CARE FOR VICTIMS/COMPENSATE)
TRY TO AVOID THE PROBLEM. FOR EXAMPLE, IF A HOSPITAL IS BEING MISUSED BY THE ENEMY, WE ATTEMPT TO WARN BEFORE STRIKING, UNLESS OPERATIONAL REQUIREMENTS DICTATE OTHERWISE.
Weapons and Tactics
“Legal” weapons
Chemical weapons
Biological weapons
Stratagems and Ruses
Treachery and Perfidy
Reprisals
“Legal” weapons
WEAPONS
SMALL ARMS
Prohibition on exploding or expanding ammunition.
FRAGMENTATION
INCENDIARIES
LASERS
MINES AND BOOBY TRAPS
USE IS PERMITTED UNDER THE LAW OF WAR SUBJECT TO THE FOLLOWING
LIMITATIONS:
INDISCRIMINATE USE PROHIBITED (MUST TARGET MILITARY)
CAN NOT BE USE IN A MANNER TO TAKE ADVANTAGE OF THE ENEMY’S COMPLIANCE WITH THE LAW OF WAR (CAN NOT BOOBY TRAP CORPSES
WITH MINES, THERE MUST BE SIGNS, A PLAN FOR RECOVERY, OR A MAP TO PERMIT RECOVERY (W.W.I MINES ARE STILL KILLING CIVILIANS
Chemical weapons
Biological weapons
Stratagems and Ruses
Permitted activities
Ambushes
Bribes
Psyops
Use of enemy equipment/clothing
Treachery and Perfidy
Reprisals
Authorized only if:
Timely
Responsive to enemy act
Lesser response ineffective
Proportional
Not against protected persons
Ordered by NCA
ENEMY CAPTIVES AND DETAINEES
Allow surrender
Humane treatment
No coercion
ENEMY CAPTIVES AND DETAINEES
Provide medical care
Safeguard captives
Don’t take personal property
TREAT EPWs HUMANELY
MUST RECEIVE HUMANE TREATMENT
PROPER MEDICAL CARE, FOOD, CLOTHING, AND SHELTER
RESPECT FOR THEIR PERSONS AND PROPERTY
PROMPT EVACUATION FROM COMBAT ZONE
MAY NOT BE COMPELLED TO PERFORM DANGEROUS, HUMILIATING, OR WAR-RELATED LABOR
FREE TO PRACTICE RELIGION
NO TORTURE, CANNOT USE COERCION TO OBTAIN INFORMATION
MAY NOT KILL BECAUSE PRESENCE RETARDS A MILITARY OPERATION
RIGHTS OF PRISONERS OF WAR
RIGHT TO SANITARY, PROTECTIVE HOUSING AND CLOTHING
RIGHT TO SUFFICIENT FOOD TO MAINTAIN GOOD HEALTH
RIGHT TO ADEQUATE MEDICAL CARE AND NECESSARY FACILITIES TO ENSURE PROPER HYGIENE
RIGHT TO RETAIN MOST PERSONAL PROPERTY EXCEPT ARMS, MILITARY EQUIPMENT AND DOCUMENTS
RIGHT TO SEND AND RECEIVE MAIL AND RECEIVE PACKAGES CONTAINING FOODSTUFFS, CLOTHING, AND OR RELIGIOUS, EDUCATIONAL, OR RECREATIONAL MATERIAL
RIGHT TO HAVE A PRISONERS’ REPRESENTATIVE
CIVILIANS AND PRIVATE PROPERTY
Don’t violate civilians’ rights in war zones
Ensure the safety of civilians
Don’t burn or steal civilian property
WAR CRIMES
Do your best to prevent crimes
Don’t violate the laws of war
Report crimes immediately through your chain of command
RULES OF ENGAGEMENT
LAW OF WAR
MILITARY PLANS
POLITICAL POLICY
PUBLIC OPINION
RAMP
A TRAINING SYSTEM FOR RULES OF ENGAGEMENT
RETURN FIRE
ANTICIPATE ATTACK.
MEASURE THE AMOUNT OF FORCE USED.
PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.
ROE – WHY?
NUCLEAR ESCALATION FEARS DURING COLD WAR
“YOU ARE THERE” COMMO
“YOU ARE THERE” NEWS MEDIA
ROE – THE CHALLENGES
NOT REALLY PART OF OUR CULTURE (ADD-ON, NUISANCE)
NO REAL ARMY DOCTRINE (ALL SITUATIONAL)
PLENTY OF “HELP”(LAWYERS, MEDIA, ALLIES, POLITICAL LEADERS, SENIOR OFFICERS)
TRADITIONAL ROE
EXAMPLE 1
UNITAF, SOMALIA:
“YOU ARE AUTHORIZED TO USE DEADLY FORCE IN SELF-DEFENSE IF THERE IS A CLEAR DEMONSTRATION OF HOSTILE INTENT IN YOUR PRESENCE.”
WHAT IS A “CLEAR DEMONSTRATION OF HOSTILE INTENT”?
TRADITIONAL ROE
EXAMPLE 2
JTF CORTINA: “FOR EACH MISSION, PILOTS MUST BE BRIEFED ON THE LOCATIONS OF CIVILIANS AND FRIENDLY FORCES.”
HOW DO WE KNOW WHERE CIVILIANS CAN BE FOUND?
IF WE DON’T KNOW, CAN WE STILL FLY AND SHOOT?
TRADITIONAL ROE
EXAMPLE 3
JTF-B, HONDURAS: MILITARY PERSONNEL RECEIVING HOSTILE FIRE ARE AUTHORIZED TO RETURN FIRE, IF THIS IS NECESSARY IN SELF-DEFENSE.
CAN WE SHOOT OR NOT?
WHAT’S WRONG WITH
THIS PICTURE?
ROE FOR/BY LAWYERS – SOPHISTICATED TERMS
NEED AN INTENT/CONCEPT, NOT SPECIFIC “LAUNDRY LIST”
ROE USUALLY COME LATE IN THE GAME – DICTATED RATHER THAN TRAINED
RAMP- ALTERNATIVE APPROACH
TASK/CONDITION/STANDARD
“RAMP” MEMORY KEY-WORD(LIKE SPORTS, METT-T, OCOKA, SALUTE, 5 S’s)
STX ITERATIONS
RAMP
RETURN FIRE WITH AIMED FIRE.
ANTICIPATE ATTACK.
MEASURE THE AMOUNT OF FORCE YOU USE.
PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.
RETURN FIRE
WITH AIMED FIRE
YOU ALWAYS CAN SHOOT BACK (RIGHT OF SELF-DEFENSE)
AIMED FIRE IS KEY; IT KILLS BAD GUYS AND PROTECTS THE INNOCENT
ANTICIPATE ATTACK
YOU DON’T HAVE TO TAKE THE FIRST HIT.
“HAND SALUTE” IF UNSURE
HAND – WHAT IS HE HOLDING?
S (ize) – HOW MANY?
A (ctivity) – WHAT IS HE DOING?
L (ocation) – HOW CLOSE? HOW NEAR OTHERS?
U (niform) – IS HE IN UNIFORM/ORGANIZED?
T (ime) – HOW SOON UNTIL HE’S ON YOU?
E (quipment) – WHAT WEAPONS?
DESIGNATED HOSTILES CAN ALWAYS BE ENGAGED (UNIFORM, EQUIPMENT, ACTIVITY)
MEASURE THE AMOUNT
OF FORCE YOU USE
MEASURE IF YOU HAVE TIME TO DO SO.
USE FORCE APPROPRIATE TO THE TARGET/SITUATION.
VEWPRIK CONCEPT:
V – VERBAL WARNING IN LOCAL LANGUAGE;
E – EXHIBIT WEAPON
W – WARNING SHOT
P – PEPPER SPRAY
R – RIOT STICK
I – INJURE WITH FIRE
K – KILL WITH FIRE
PROTECT WITH DEADLY FORCE HUMAN LIFE
PROTECT OTHER SOLDIERS, ALLIES, CIVILIANS, PRISONERS
PROTECT PROPERTY DESIGNATED BY YOUR COMMANDER (EMBASSY, AIRCRAFT, AMMO STORAGE, AID STATION)
DOES RAMP WORK?
101st ABN (AASLT) DIV TESTED RAMP TRAINING
TF 1-327 IN NEO (JRTC 94-10)
TF 2-502 IN NEO (CORPS EDRE)
TF 1-327 IN NGO SECURITY (JRTC 95-07)
BOTTOM LINE:
SOLDIERS UNDERSTAND IT
ENEMY IS KILLED
CIVILIANS/FRIENDLIES ARE NOT KILLED
CONSIDERATIONS FOR TARGETING
LAWFUL VS. PROTECTED
COMBATANTS V. NONCOMBATANTS /CIVILIANS
MILITARY OBJECTIVES
PROTECTED PLACES OR PROPERTY
TARGETING CONSIDERATIONS SUMMARY
VERIFY THE TARGET
MINIMIZE UNNECESSARY SUFFERING AND COLLATERAL DAMAGE
PROPORTIONALITY
FIGHT AND WIN
BY THE
RULES
IT’S THE AMERICAN WAY OF WAR
