6.2 |
Military planning for the invasion, January to March
2003
Rules of
Engagement (ROE) are defined by the MOD as “directions for
operational
commands
that set out the circumstances and limitations under which armed
force may be
applied by
UK forces to achieve military objectives for the furtherance of UK
government
policy”.254
They are
the means by which Ministers provide political direction and
guidance
to
commanders on the application of force, within identified legal
constraints, and they
have
specific Ministerial authority.
The ROE
Compendium, Joint Service Publication 398, is divided into 21
“Rules”, each of
which
addresses a different type of action (and each has a number of
options ranging from
prohibition,
through qualified permissions, to unrestricted use of the
capability).255
The
Compendium
thus offers a menu of options from which a “ROE profile” can be
selected
(and, if
necessary, amended) and authorised by Ministers for each
operation.
An ROE
profile is issued “as a set of parameters to inform commanders of
the limits of
constraint
imposed or of freedom permitted when carrying out their assigned
tasks …
In passing
orders, subordinate commanders at any level must always act within
the ROE
received
but they are not bound to use the full extent of the permissions
granted.”
The profile
is also disseminated as appropriate to subordinate
commanders.
The ROE
profile for Operation TELIC, issued to the Joint Commander on 18
March 2003,
rehearsed
the legal basis relied upon by the UK in taking military action
against Iraq and
approved by
the Attorney General.256
It stated
that Iraq “has failed to comply with the
terms of
Resolution 1441” and was “in further material breach of its
obligations”. The UK
Government
had concluded that military action was necessary to enforce Iraqi
compliance
with UNSCRs
678, 687 and 1441, and it was “therefore necessary” to remove the
current
regime from
power “in order to create the conditions in which Iraq could be
disarmed in
accordance
with its obligations”.
All
military operations were “to be limited to what is necessary to
create those conditions”;
and all
military action was to be carried out in accordance with the Law of
Armed Conflict,
“which
requires that at all stages the principles of distinction,
proportionality, and military
necessity
are to be applied to the use of minimum force”.
709.
ROE for sites
of religious or cultural significance are addressed later in
this
Section.
710.
The content of
the CDS Directive was further disseminated through Directives
from
the CJO to
the National Contingent Commander (NCC) and to the three UK
Contingent
Commanders
for Maritime, Land and Air.257
The CJO
Directive included copies of the
ROE and
Targeting Directives. Each Commander was reminded that he was to
ensure
that UK
personnel complied with IHL and with national ROE.
254
JSP 398,
2000, ‘United Kingdom Compendium of National Rules of
Engagement’.
255
JSP 398,
2000, ‘United Kingdom Compendium of National Rules of
Engagement’.
256
Directive
CDS to CJO, 18 March 2003, ‘Chief of Defence Staff Execute
Directive to the Joint
Commander
Operation Telic, Edition 2’.
257
Directive
Reith to Burridge, 19 March 2003, ‘Joint Commander’s Directive to
the UK National
Contingent
Commander Operation TELIC’.
501