The Ancient Art of Modern Warfare

E79: Rules for the Use of Force

The mission of the US Army is to fight and win our nation’s wars. That, however, is not the only task we ask the Army to perform in potentially hostile environments. Missions such as military support to civil authority, humanitarian assistance missions, and disaster relief are not governed by the law of war, but by human rights law. In this context, military use of force is regulated by Rules for the Use of Force (RUF), rather than the combat-oriented Rules of Engagement (ROE). This episode describes the difference between ROE and RUF, the challenges in drafting RUF that can accomplish peacetime missions and protect our troops, while complying with applicable civilian law regarding use of force and firearms.

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about drafting RUF came from experience doing that, the wise counsel from experts in the US Department of Justice and the DoD Office of the General Counsel, along with some memorable debates in various international negotiations. Once again, special thanks to the memory of Col. Hays Parks, USMC Ret. Thanks also to Capt. Dennis Mandsager, JAGC USN (Ret.)

Music:

Bagley, E. and The US Army Ceremonial Band, National Emblem, Public Domain

Kiilstofte, P., Mercenaries, Machinamasound (Licensed)

References:

Newport Rules of Engagement Handbook, U.S. Naval War College https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2998&context=ils

Sanremo Handbook on Rules of Engagement, the International Institute of Humanitarian Law https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjdtL7pue-BAxUovokEHS03DrAQFnoECBAQAQ&url=https%3A%2F%2Fiihl.org%2Fsanremo-handbook-rules-engagement%2F&usg=AOvVaw2Mfr7ljzl1-c6EEgmxJCZ2&opi=89978449

CJCSI 33121.01B Standing Rules of Engagement/Standing Rules for the Use of Force, declassified version available at: https://www.esd.whs.mil/Portals/54/Documents/FOID/Reading%20Room/Joint_Staff/20-F-1436_FINAL_RELEASE.pdf

DODD 5210.56 w C1, Arming and the Use of Force, available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056p.PDF?ver=PIvIb3eht0obgolnD0UCEw%3d%3d

E78: ROE and the Law of War

How do rules of engagement promote compliance with the laws of war when those fighting war seem to do so without any basic consideration of humanity? I think that to answer this question, we must revisit the laws and customs of war, sometimes called International Humanitarian Law. This includes understanding that not every act of violence in war is a war crime. Effective ROE is a control to manage the risk that the violence inherent to war does not become an excuse for war crimes.

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about law of war came from staff judge advocates telling me what I couldn’t do or how to do the things I wanted to do without going to jail. Special thanks to the memory of Col. Hays Parks, USMC Ret.

Music: Holst, G: The Planets, Mars, the Bringer of War (Internet Archive: https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709)

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

References:

• The ICRC Casebook, glossary: https://casebook.icrc.org/a_to_z/glossary/war-crimes
• 18 U.S. Code § 2441 - War crimes

• Geneva Conventions of 1949: https://ihl-databases.icrc.org/en/ihl-treaties/geneva-conventions-1949additional-protocols-and-their-commentaries

• Operational Law Handbook, The Judge Advocate General’s Legal Center and School Charlottesville, Virginia, Chapter 5 (2022)

E77: Rules of Engagement

Rules of engagement, or ROE, often get a bad reputation. But what are rules of engagement and why do we need them?  If well constructed, ROE focus military action, manage risk of unintended consequences, such as escalation of the conflict and violations of the law of war, and as an economy of force, by minimizing unproductive action. On the other hand, poorly constructed, complex, or difficult to understand ROE, can result in the death of persons who pose no military threat or can surrender tactical advantages leading to unnecessary loss of friendly lives and mission failure. This episode describes what Rules of Engagement are, how they are constructed, and the important role they serve in modern armed conflict.

 

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with.

Music: Holst, G: The Planets, Mars, the Bringer of War (Internet Archive: https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709)

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

References: Newport Rules of Engagement Handbook, U.S. Naval War College https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2998&context=ils

Sanremo Handbook on Rules of Engagement, the International Institute of Humanitarian Law https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjdtL7pue-BAxUovokEHS03DrAQFnoECBAQAQ&url=https%3A%2F%2Fiihl.org%2Fsanremo-handbook-rules-engagement%2F&usg=AOvVaw2Mfr7ljzl1-c6EEgmxJCZ2&opi=89978449

E76: Limited War with China

It is probable that Russia’s lack of success in Ukraine gives the People’s Republic of China cause for reconsidering any existing plans for an invasion of the Republic of China on Taiwan. Perhaps, using the PRC’s unrestricted war model, they might instead resort to pursuing limited aims that will set conditions for later strategic victory. In other words, limited war. But what is limited war and is limited war even possible in the 21^st Century?

 

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the US Army War College, the Department of Defense, or any other organization I am or have been affiliated with.

Music: List: Les Preludes; Abergavenny Symphony Orchestra (Public Domain)

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

 

Wagner Decapitated?

Wagner is dead, or apparently so. At least the senior leadership of PMC Wagner, along with Wagner himself, Dmitri Utkin. What does this mean? Anyone who says they know is either deluding you or deluding themselves. Although the specifics may be in doubt, I believe that Wagner will continue in some form if not in that name. Prigozhin’s statement from Mali last week is correct. The services Wagner type operations provide to Russian strategic interests are too valuable to set aside.

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the US Army War College, the Department of Defense, or any other organization I am or have been affiliated with.

Music:

Wagner, R. and USMC Band, Siegfried’s Funeral March, Public Domain.

Kiilstofte, P., Mercenaries, Machinimasound (Licensed)

E74: Niger -- Military Coup as Hybrid Warfare?

Does the recent coup in Niger affect US security interests, or is it just one more coup on a coup plagued continent? Or is it something more than that? Could it be the next campaign in a Hybrid War? If so, who are the contestants?

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the US Army War College, the Department of Defense, or any other organization I am or have been affiliated with

Music:

Liszt, F. and the USMC Band, Les Preludes, Public Domain

Kiilstofte, J., Mercenaries, Machinimasound (Licensed)

E73 Triumph of the Will

Clausewitz wrote that war is an act of violence to force the enemy to do our will. But what is that “will?” A 2019 Rand Study found that there is no official or agreed definition of “will” in the context of warfighting. In this episode, I tackle the question of what will means, why it is important, and the dangers going to war without a national will for victory.

 

(Note: I am full aware of the title. It just sounded more catchy than "The Will to Fight.")

 

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the US Army War College, the Department of Defense, or any other organization I am or have been affiliated with

 

Music:

Holst, G. The Planets: Mars, Bringer of War, Internet Archives, https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

 

E72: Warfighting Capabilities

Strategy is the application of ways and means to achieve an end. But what are means? This podcast describes the need to look beyond the weapons and other warfighting platforms to, instead, identify the capabilities needed to fight wars. Weapons systems and other elements of national power are resources to enable those capabilities.

 

Disclaimer: The information in these podcasts is my own opinion and does not represent that of the US Army War College, the Department of Defense, or any other organization I am or have been affiliated with

Music:

Liszt, F. and the USMC Band, Les Preludes (Public Domian)

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

E71: War College for Civilians

What if I told you that civilians can attend the US Army War College? Not US Government employees, but civilians from all walks of life and professions? Two times each year, the Army War College offers that opportunity through its National Security Seminar and Commandant's National Security Program. In this podcast, I describe that program and interview faculty and guests during  Battlefield Staff Ride.

 

Disclaimer: The information in this podcast is purely my own and does not represent the official position of the US Army War College or the Department of Defense. In keeping with the non-attribution policy of the War College (Chatham House Rules) the names of persons interviewed are withheld.

For official information about these programs, visit: https://ssl.armywarcollege.edu/dde/cnsp/index.cfm

https://usawc.org/commandants-national-security-program-cnsp/

https://www.csl.army.mil/nss/

https://usawc.org/national-security-seminar-nss/

 

Music:

Copland, A. & United States Marine Band. (2000) Fanfare for the Common Man. unpublished, Washington, DC. [Audio] Retrieved from the Library of Congress, (Fair use for educational purposes.)

Sousa, J.P., & The US Amy Ceremonial Band. National Emblem (Public Domain)

 

E70: Why We Shouldn’t Help Ukraine

The decision whether to help Ukraine is not as black and white as it may appear. Episode 69 described reasons the United States and other nations should help Ukraine. In this episode, I address the other side, reasons why helping Ukraine is either wrong or dangerous. Choosing the right path forward requires us to understand both sides of the argument.

As is the case with all of these podcasts, the views expressed are solely my own and do not represent the Department of Defense, the US Army War College, or any other organization I am associated with.

Music: Wagner, Siegfried Funeral March, recorded by the USMC Band (Public Domain.)