MULTINATIONAL RULES OF ENGAGEMENT
D−10. When U.S. forces, under U.S. operational or tactical control, operate with a multinational force, reasonable efforts are made to effect common ROE. If such ROE cannot be established, U.S. forces operate under the SROE or operation−specific ROE provided by U.S. authorities. To avoid misunderstanding, commanders thoroughly discuss among multinational forces any differences in ROE or ROE interpretation.
They disseminate any differences in ROE to the units involved.
THE LAW OF WAR
D−11. COIN and international armed conflicts often overlap. COIN may take place before, after, or simultaneously with a war occurring between nations. U.S. forces obey the law of war. The law of war is a body of international treaties and customs, recognized by the United States as binding. It regulates the conduct of hostilities and protects noncombatants. The main law of war protections come from the Hague and Geneva 215
The U.S. Army and Marine Corps Counterinsurgency Field Manual Conventions. They apply at the tactical and operational levels and are summarized in ten rules: Soldiers and Marines fight only enemy combatants.
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Soldiers and Marines do not harm enemies who surrender. They disarm them and turn them over to their
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superiors.
Soldiers and Marines do not kill or torture enemy prisoners of war.
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Soldiers and Marines collect and care for the wounded, whether friend or foe.
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Soldiers and Marines do not attack medical personnel, facilities, or equipment.
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Soldiers and Marines destroy no more than the mission requires.
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Soldiers and Marines treat all civilians humanely.
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Soldiers and Marines do not steal. They respect private property and possessions.
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Soldiers and Marines do their best to prevent violations of the law of war.
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Soldiers and Marines report all violations of the law of war to their superior.
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D−12. When insurgency occurs during occupation, the law of war includes rules governing situations in which the military forces of one state occupy the territory of another. Occupation is not a transfer of sovereignty. It does however grant the occupying power the authority and responsibility to restore and maintain public order and safety. The occupying power must respect, as much as possible, the laws in force in the host nation. One of the four Geneva Conventions of 1949—the Geneva Convention Relative to the Protection of Civilian Persons in Time of War—becomes a prominent source of law during occupation.
INTERNAL ARMED CONFLICT
D−13. During COIN operations, commanders must be aware of Common Article 3 of the Geneva Conventions and the status of insurgents under the laws of the host nation.
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The U.S. Army and Marine Corps Counterinsurgency Field Manual GENEVA CONVENTION, COMMON ARTICLE 3
D−14. Although insurgencies can occur simultaneously with a legal state of war between two nations, they are classically conflicts internal to a single nation, between uniformed government forces and armed elements that do not wear uniforms with fixed distinctive insignia, carry arms openly, or otherwise obey the laws and customs of war. As such, the main body of the law of war does not strictly apply to these conflicts—a legal fact that can be a source of confusion to commanders and Soldiers. It bears emphasis, however, that one article contained in all four of the Geneva Conventions—Common Article 3—is specifically intended to apply to internal armed conflicts:
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed “hors de combat” by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above−mentioned persons: