The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Tuesday, June 22, 2010

Tom Smith


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Tom Smith


"You sit and ask yourself: What are we doing here?"

Spot on. I understand why we invaded. I don't see any valid reason to hang around.

Posted by: dearieme | Jun 22, 2010 10:52:23 PM

"Patrol only in areas [in which] you are reasonable certain you will not have to defend your self with deadly force." There's an order any officer would be delighted to give. Not much chance of that one being diregarded. "Couldn't check out that sector, sir; might be enemy in there."

This really silly rule lays out its own irrelevance. ROE's are orders; they are not a substitute of the Law of War, and they do not negate self-defense as a principle of justification. An order not to shoot back, effectively an order to commit suicide, is propably not a lawful order. In any case, it is practically unenforcable, and in my opinion, unenforcable as a matter of military law.

This is why that farcical ROE is written as it is. It doesn't say, "Dont defend yourself with deadly force," because it couldn't, so it says, "don't get in a situation where you might have to defend yourself. "Sir, Yes sir!"

Posted by: Lou Gots | Jun 23, 2010 1:29:04 PM