CHIEFS OF STAFF STANDING
RULES OF ENGAGEMENT (cont)
NOTE: Collective Self-Defense, as a subset of national self-defense, is the act of defending other designated non-U.S. forces, personnel and their property from a hostile act or demonstration of hostile intent. Only the NCA may authorize U.S. forces to exercise collective self-defense.
(1) Necessity. A hostile act occurs or a force or terrorist unit exhibits hostile intent.
(2) Proportionality. The force used must be reasonable in intensity, duration, and magnitude, based on all facts known to the commander at the time, to decisively counter the hostile act or hostile intent and to ensure the continued safety of U.S. forces.
6. Declaring Force Hostile. Once a force is declared hostile by appropriate authority, U.S. units need not observe a hostile act or a demonstration of hostile intent before engaging that force. The responsibility for exercising the right and obligation of national self-defense and declaring a force hostile is a matter of the utmost importance demanding considerable judgement of command. All available intelligence, the status of political decision, and the potential consequences for the United States must be carefully weighed. Exercising the right and obligation of national self-defense by competent authority is in addition to and does not supplant the right and obligation to exercise unit self-defense. The authority to declare a force hostile is limited as amplified in Appendix A to Enclosure A.
7. Authority to Exercise Self-Defense.
8. Action in Self-Defense.
(1) Attempt to Control Without the Use of Force. The use of force is normally a measure of last resort. When time and circumstances permit, the potentially hostile force should be warned and given the opportunity to withdraw or cease threatening actions. (See Appendix A to Enclosure A for amplification.)
(2) Use Proportional Force to Control the Situation. When the use of force in self-defense is necessary, the nature, duration, and scope of the engagement should not exceed that which is required to decisively counter the hostile act or hostile intent and to ensure the continued safety of U.S. forces or other protected personnel or property.
(3) Attack to Disable or Destroy. An attack to disable or destroy a hostile force is authorized when such action is the only prudent means which a hostile act or hostile intent can be prevented or terminated. When such conditions exist, engagement is authorized only until the hostile force no longer poses an imminent threat.
(1) Within a Foreign Nation's U.S. Recognized Territory or Territorial Airspace. A foreign nation has the principal responsibility for defending U.S. citizens and property within these areas. (See Appendix A to Enclosure A for amplification.)
(2) At Sea. Detailed guidance is contained in Annex A to Appendix B of this enclosure.
(3) In International Airspace. Protecting civil aircraft in international airspace is principally the responsibility of the nation of registry. Guidance for certain cases of actual or suspected hijacking of airborne U.S. or foreign civil aircraft is contained in MCM-102-92, 24 July 1992, Hijacking of Civil Aircraft.
(4) Terrorism. Terrorist attacks are usually undertaken by civilian or paramilitary organizations, or by individuals under circumstances in which a determination of hostile intent may be difficult. The definitions of hostile act and hostile intent set forth above will be used in situations where terrorist attacks are likely. The term "hostile force" includes terrorist units when used in this document. When circumstances and intelligence dictate, supplemental ROE will be used to meet this special threat.
(5) Piracy. Piracy is defined as an illegal act of violence, depredation (i.e., plundering, robbing, or pillaging), or detention in or over international waters committed for private ends by the crew or passengers of a private ship or aircraft against another ship or aircraft or against persons or property on board such ship or aircraft. U.S. warships and aircraft have an obligation to repress piracy on or over international waters directed against the vessel or aircraft fleeing from pursuit proceeds into the territorial sea, archipelagic waters, or superjacent airspace of another country every effort should be made to obtain the consent of nation sovereignty to continue pursuit. Where circumstances permit, commanders will seek guidance from higher authority before using armed force to repress an act of piracy.
(1) U.S. forces should not enter, or remain in, a zone in which hostilities (not involving the United States) are imminent or occurring between foreign forces unless directed by proper authority.
(2) If a force commits a hostile act or demonstrates hostile intent against U.S. forces in a hostile fire or combat zone, the commander is obligated to act in unit self-defense in accordance with SROE guidelines.
(1) Ships, or under certain circumstances aircraft, have the right to enter a foreign territorial sea or archipelagic waters and corresponding airspace without the permission of the coastal or island state to engage in legitimate efforts to render emergency assistance to those in danger or distress from perils of the sea.
(2) Right of assistance extends only to rescues where the location of those in danger is reasonably well known. It does not extend to entering the territorial sea, archipelagic waters, or national airspace to conduct a search.
(3) For ships and aircraft rendering assistance on scene, the right and obligation of self-defense extends to and includes persons, vessels, or aircraft being assisted. The right of self-defense in such circumstances does not include interference with legitimate law enforcement actions of a coastal nation. However, once received on board the assisting ship or aircraft, persons assisted will not be surrendered to foreign authority unless directed by the NCA.
(4) Further guidance for the exercise of the right of assistance entry is contained in CJCS Instruction 2410.01, 20 July 1993, Guidance for the Exercise of Right of Assistance Entry.
Appendix A, Part 1
Appendix B: A Soldier's Task: Use Force Appropriately
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