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NATO Rules of Engagement
On ROE, Self-Defence and the Use of Force during Armed Conflict
Series: - International Humanitarian Law Series, Volume: 57
Author:
In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment.
Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.
Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.
Camilla Guldahl Cooper, Ph.D. (Oslo, 2018), Norwegian Defence University College, is an Associate Professor of operational law. She has co-authored the Norwegian Manual of the Law of Armed Conflict, and published articles and chapters on operational law.
Acknowledgements
List of Abbreviations
1 Introduction
â1.1 Background and Purpose
â1.2
nato<\sc> Rules of Engagement
â1.3 Scope
â1.4 Sources and Methodology
â1.5 The Structure of the Book
Part 1
The Point of Departure:nato<\sc> Rules of Engagement
2 Rules of Engagement: Introduction, Development and Use
â2.1 Introduction
â2.2 Analysing
roe<\sc>: Definition, Scope and Form, and Legal Status
â2.3 The History of Mission-Specific Rules of Engagement
â2.4
roe<\sc> Development
â2.5
roe<\sc> as a Tool for Command and Control
â2.6 Conclusions
3 âUse of forceâ Categories innato roe Doctrine
â3.1 Introduction
â3.2 The Use of Force in Self-Defence
â3.3 The Use of Force in Response to an Attack or Imminent Attack by Opposing Forces
â3.4 The Use of Force to Accomplish Designated Tasks
â3.5 Attack in Response to Hostile Act and Hostile Intent as Defined by
Nato<\sc>
â3.6 Attack on Forces âdeclared hostileâ
Part 2
âOtherwise Lawful Use of Forceâ: the Law Regulating the Use of Force during Armed Conflict
4 Introduction: the Search for a Legal Basis
â4.1 The Lotus Principle, Human Rights, and the Relevance of the Relationship between the jus ad bellum and jus in bello<\i>
â4.2 The Right to Life and Prohibition on Arbitrary Deprivation of Life
â4.3 The Relationship between the jus ad bellum and the jus in bello: Related in Fact, but Not in Law
â4.4 When Does What Apply? On lex specialis<\i>
â4.5 Conclusion: Two Main Legal Bases for the Use of Force
5 The Law of Armed Conflict
â5.1 Introduction
â5.2 Who Is a Lawful Target
â5.3 What Does It Entail to Be a Lawful Target
â5.4 Identification of Lawful Targets: Precautions in Attack and the Issue of Doubt
â5.5 Carrying Out Attacks
6 Self-Defence
â6.1 Introduction
â6.2 State Self-Defence
â6.3 Personal Self-Defence
â6.4 Conclusion
Part 3
Operational âuse of forceâ Categories and their Corresponding Legal Bases: What May Legally Be Authorised?
7 Introduction to Part 3
8 The Use of Force in Self-Defence during Armed Conflict: a Legal Analysis of the Various Concepts of Self-Defence
â8.1 Overview
â8.2 The Use of Force in Personal Self-Defence by Military Forces during Armed Conflict
â8.3 Operational Concepts of Self-Defence
â8.4 Conclusions on the Relevance of Self-Defence as a Legal Basis for Use of Force during Armed Conflict Operations
9 The Use of Force bynato<\sc> Forces in Response to Attacks or Imminent Attacks by Opposing Forces
10 When May Force be Used to Accomplish Designated Tasks?
11nato<\sc> Hostile Intent and Hostile Act roe: Applicable Law and Its Consequences
â11.1 âhostile actâ and âhostile intentâ as Operationalisation of
dph<\sc>
â11.2
nato<\sc> Hostile Act and Hostile Intent roe and Customary Law
â11.3 Conclusions on the Relationship between the
nato<\sc> Hostile Act and Hostile Intent
roe<\sc> and
dph<\sc>
â11.4 âAttackâ
12 The Use of Force in an Attack on Forces âdeclared hostileâ and Applicable Law
â12.1 Forces âdeclared hostileâ
â12.2 âattackâ and The Role of Targeting Procedures
Part 4
Conclusions and Proposals
13 Conclusions and Proposals
â13.1
nato roe<\sc> and the Legal Basis for the Use of Force
â13.2 The Need for a Holistic and Uniform Approach to
roe<\sc>
â13.3 The Relationship between Self-Defence,
loac<\sc> and
roe<\sc>
Bibliography
Index
List of Abbreviations
1 Introduction
â1.1 Background and Purpose
â1.2
â1.3 Scope
â1.4 Sources and Methodology
â1.5 The Structure of the Book
Part 1
The Point of Departure:
2 Rules of Engagement: Introduction, Development and Use
â2.1 Introduction
â2.2 Analysing
â2.3 The History of Mission-Specific Rules of Engagement
â2.4
â2.5
â2.6 Conclusions
3 âUse of forceâ Categories in
â3.1 Introduction
â3.2 The Use of Force in Self-Defence
â3.3 The Use of Force in Response to an Attack or Imminent Attack by Opposing Forces
â3.4 The Use of Force to Accomplish Designated Tasks
â3.5 Attack in Response to Hostile Act and Hostile Intent as Defined by
â3.6 Attack on Forces âdeclared hostileâ
Part 2
âOtherwise Lawful Use of Forceâ: the Law Regulating the Use of Force during Armed Conflict
4 Introduction: the Search for a Legal Basis
â4.1 The Lotus Principle, Human Rights, and the Relevance of the Relationship between the jus ad bellum and jus in bello<\i>
â4.2 The Right to Life and Prohibition on Arbitrary Deprivation of Life
â4.3 The Relationship between the jus ad bellum and the jus in bello: Related in Fact, but Not in Law
â4.4 When Does What Apply? On lex specialis<\i>
â4.5 Conclusion: Two Main Legal Bases for the Use of Force
5 The Law of Armed Conflict
â5.1 Introduction
â5.2 Who Is a Lawful Target
â5.3 What Does It Entail to Be a Lawful Target
â5.4 Identification of Lawful Targets: Precautions in Attack and the Issue of Doubt
â5.5 Carrying Out Attacks
6 Self-Defence
â6.1 Introduction
â6.2 State Self-Defence
â6.3 Personal Self-Defence
â6.4 Conclusion
Part 3
Operational âuse of forceâ Categories and their Corresponding Legal Bases: What May Legally Be Authorised?
7 Introduction to Part 3
8 The Use of Force in Self-Defence during Armed Conflict: a Legal Analysis of the Various Concepts of Self-Defence
â8.1 Overview
â8.2 The Use of Force in Personal Self-Defence by Military Forces during Armed Conflict
â8.3 Operational Concepts of Self-Defence
â8.4 Conclusions on the Relevance of Self-Defence as a Legal Basis for Use of Force during Armed Conflict Operations
9 The Use of Force by
10 When May Force be Used to Accomplish Designated Tasks?
11
â11.1 âhostile actâ and âhostile intentâ as Operationalisation of
â11.2
â11.3 Conclusions on the Relationship between the
â11.4 âAttackâ
12 The Use of Force in an Attack on Forces âdeclared hostileâ and Applicable Law
â12.1 Forces âdeclared hostileâ
â12.2 âattackâ and The Role of Targeting Procedures
Part 4
Conclusions and Proposals
13 Conclusions and Proposals
â13.1
â13.2 The Need for a Holistic and Uniform Approach to
â13.3 The Relationship between Self-Defence,
Bibliography
Index
Military operators, legal advisers and political advisers working with ROE or NATO; military colleges; and civilian academics interested in NATO, the law of armed conflict, and international human rights law.