Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
c. Legal Purposes
ROE can authorize offensive lethal and nonlethal actions or provide restraints on a commanders actions, consistent with both domestic and international law. Under certain circumstances, ROE may impose greater restrictions than those required by the law. Accordingly, commanders must be intimately familiar with the legal basis for their mission. Commanders also may issue ROE to reinforce certain principles of LOAC, such as prohibitions on the destruction of religious or cultural property or minimization of injury to civilians and civilian property.
D. CJCS Standing Rules Of Engagement
1. Overview
The current SROE went into effect on 13 June 2005, the result of a review and revision of the previous 2000 and 1994 editions. They provide implementation guidance on the inherent right of self-defense and the application of force for mission accomplishment. They are
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designed to provide a common template for development and implementation of ROE for the full range of military operations.
2. Applicability
The SROE establish fundamental policies and procedures governing the actions to betaken by US. commanders and their forces during all military operations and contingencies outside US. territory and outside US. territorial seas. SROE also apply to air and maritime homeland defense mission conducted within US. territory and territorial seas. The Standing Rules for the Use of Force (SRUF) apply to actions taken by US. commanders and their forces during all
DoD civil support and routine Military Department functions occurring inside US. territory or territorial seas. The SRUF also apply to land-based homeland defense missions occurring within US. territory and to DoD forces, civilians and contractors performing law enforcement and security duties at all DoD installations.
3. Responsibility
The SECDEF approves the SROE and, through the CJCS, may issue theater, mission, or operation specific ROE. The J is responsible for SROE maintenance. Subordinate commanders are free to issue theater, mission, or operation ROE, but must notify the SECDEF through command channels if SECDEF-approved ROE are restricted.
4. Purpose
The purpose of the SROE is twofold (1) provide implementation guidance on the application of force for mission accomplishment, and (2) ensure the proper exercise of the inherent right of self- defense. The SROE outline the parameters of the inherent right of self-defense in Enclosure A. The rest of the document establishes rules and procedures for implementing supplemental ROE.

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