IHL and Command Responsibility

Summary

In his address, Lieutenant General Jonathan Riley reflects on the complexities of military command, particularly in irregular warfare. He emphasizes the commander’s responsibility for operational decisions, stressing the importance of compliance with international law, including the principles of proportionality, targeting, and minimizing civilian casualties. Riley discusses the necessity of layered intelligence, positive identification, and the human judgment required in the decision-making process. He also touches on the challenges of issuing advanced warnings and managing collateral damage, highlighting the role of transparency and accountability in modern military operations.

Takeaways

• 😀 A field commander has ultimate responsibility for the mission, including ensuring subordinates' actions comply with the law of armed conflict.
• 😀 Commanders must consider intelligence from multiple sources to avoid deception and minimize collateral damage, particularly when identifying targets.
• 😀 Proportionality assessments are crucial before engaging targets to ensure that civilian casualties are not excessive in relation to military advantage.
• 😀 Positive identification of targets is necessary, and any uncertainty about a target's identity must lead to refraining from an attack.
• 😀 Commanders should prioritize high-value targets based on operational analysis and intelligence, considering both immediate and long-term impact.
• 😀 Military advantage must be weighed carefully, with decisions made based on a balanced judgment rather than isolated effects of an attack.
• 😀 Legal, ethical, and media considerations strongly influence targeting decisions, particularly in irregular warfare and counter-insurgency contexts.
• 😀 Collateral damage risk must be evaluated in every situation, with targeting decisions informed by scientific and intelligence data to minimize harm to civilians.
• 😀 Advanced warnings to civilians, while important, may be unfeasible in irregular warfare situations, and the commander must decide when to issue them.
• 😀 The human factor remains vital in decision-making, with commanders relying on their experience and judgment, supported by staff input, to make final strike decisions.

Q & A

What is the main responsibility of a military commander in relation to international law?

The primary responsibility of a military commander is to ensure that their actions, as well as those of their subordinates, comply with the law of armed conflict. This includes ensuring that only military targets are attacked, collateral damage is minimized, and all actions are proportional to the military advantage gained.

How does the speaker describe the relationship between responsibility, resource control, and accountability in military command?

The speaker argues that military command, much like sovereignty, cannot be compromised or shared. While parts of command can be delegated, the senior commander remains ultimately accountable for the operation and its consequences. Responsibility, resource control, and accountability are inseparable in effective command.

What role does intelligence play in a commander's decision-making process?

Intelligence is crucial in military decision-making as it helps commanders understand the environment, the enemy, and potential targets. It informs decisions about which actions are appropriate, legal, and likely to be effective. A single-source intelligence is not sufficient, and layered intelligence must be developed to ensure target identification is accurate.

Why is it important for commanders to make decisions quickly, particularly in irregular warfare?

In irregular warfare, the speed of decision-making, or 'tempo,' is vital for staying ahead of the enemy. Delays can lead to missed opportunities or give the enemy a chance to adapt. A commander must balance the need for quick decisions with the requirement to ensure those decisions are legally justified and do not cause excessive harm to civilians.

What are the key principles of the law of armed conflict that guide military commanders in targeting decisions?

The key principles include military necessity (using force only for legitimate military objectives), humanity (avoiding unnecessary suffering), distinction (only targeting military objectives), and proportionality (ensuring civilian harm does not outweigh the military advantage gained).

What is the role of a targeting group in military operations?

A targeting group assists the commander in making decisions about whether to strike a target, based on factors such as the target's military value, the potential for civilian casualties, and the proportionality of the strike. The group combines inputs from intelligence, operations, legal advisors, and other key personnel to form a comprehensive view.

How does the concept of 'positive identification' affect targeting decisions?

Positive identification involves confirming that a target is a valid military objective. In irregular warfare, achieving 100% certainty is often impossible, but commanders must strive for the highest possible level of certainty. If positive identification is lost during an operation, the target must be re-assessed before engagement.

Why is the principle of proportionality critical in the context of civilian casualties?

Proportionality ensures that civilian harm from an attack is not excessive relative to the military advantage gained. This principle is especially important in urban and irregular warfare, where civilian populations are often at risk. It guides commanders in determining whether the potential loss of civilian life is justifiable in achieving military objectives.

What challenges do commanders face in avoiding civilian casualties during irregular warfare?

Commanders face numerous challenges, such as the fluid nature of combat, the enemy's use of civilians as shields, and the limitations of available intelligence. Additionally, the use of urban environments for cover makes it difficult to identify valid military targets without risking civilian casualties.

How does General Riley describe the importance of explaining military decisions, especially regarding the media and public perception?

General Riley stresses that commanders must be able to explain their decisions to their own people, the enemy, and the broader public. This helps to maintain accountability and prevent misinformation or media manipulation, particularly regarding civilian casualties. A failure to explain actions can undermine the legitimacy of the military operation.