ROE TRUTH

THE TRUTH REGARDING THE RECENT CHANGES TO THE STANDING RULES OF ENGAGEMENT.

Kathleen Parker’s article, “For Instructions On How To Lose War, Consult Flow Chart," inaccurately describes the effect of the recent change to the standing rules of engagement.

Maj Mannle from the Office of the SJA to the Commandant of the Marine Corps (CMC) provided the following clarification in an information paper on this subject.

Key Points

a. Pertinent text of the (new) rule on the inherent right of self-defense. The rule states that, “unless otherwise directed by a unit commander, military members may exercise individual self-defense in response to a hostile act or demonstrated hostile intent. When individuals are assigned and acting as part of a unit, individual self-defense should be considered a subset of unit self defense.” (Emphasis added.) The rationale for the rule is to maximize and stress the primacy of unit self-defense for commanders- not to limit individual service members. Two points bear mention:

(1). No change regarding commanders’ authority. The rule merely quantifies what has always been ground truth: a commander, in the context of mission accomplishment, may place self-defense of the unit (i.e., all individuals) above that of one individual. Current language states that “unit commanders always retain the inherent right and obligation to exercise unit self-defense.” The previous SROE stated (with regard to individuals) that “their use of force must remain consistent with lawful orders of their superiors, the rules contained in this document, and other applicable rules of engagement promulgated for the mission or AOR.” Under both the previous and current SROE, a commander could decide he’d rather allow an enemy to advance in order to exploit the element of surprise, rather than have a Marine on an OP start shooting when that Marine decides he’s about to be attacked.

(2). Individual right of self-defense remains the default. Despite a commander’s ability to limit the right of individual self-defense, the rule is clear that individual service members have a standing right of individual self-defense. It takes express, unequivocal direction by a unit commander to subjugate this right to unit self-defense.

Both MNF-W and MNC-I received and carefully reviewed the new SROE in August. They concluded that the new SROE would not change the conduct of operations.

b. Lawful implementation of the rule. The notion that the rule cannot be “lawfully implemented” (enforced) because restricting [individual] self-defense contradicts the Code of Conduct is patently ridiculous. There is no relation whatsoever between the rule and the principle that Americans do not surrender when they have the means to resist.

5. Conclusion. CJCSI 3121.01B has changed to emphasize the primacy of unit self-defense, yet the rule in the current SROE on the inherent right of self-defense remains the same: individual service members may exercise the inherent right of self-defense- unless their unit commander directs otherwise.