The Ancient Art of Modern Warfare
Government
The presence of Private Security Companies, or PSCs, in conditions of armed conflict continues to be an item of concern to the international community. PSCs seem to blur the distinction between combatants and civilians. They use force, but are not members of the armed forces. Rules for the Use of Force, appropriate to PSC tasks and restrictions under international and local national law, issued by a competent authority and properly enforced, can clarify this murky condition. This episode describes procedures and considerations for developing Rules for the Use of Force relevant to PSCs operating in conditions of armed conflict, post-conflict, and complex emergencies.
Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about drafting RUF came from experience doing that, the wise counsel from experts in the US Department of Justice and the DoD Office of the General Counsel, along with some memorable debates in various international negotiations. Once again, special thanks to the memory of Col. Hays Parks, USMC Ret. Thanks also to Capt. Dennis Mandsager, JAGC USN (Ret.)
Music:
Listzt, F. and the USMC Band, Les Preludes (Public Domain)
Kiilstofte, P., Mercenaries, Machinamasound (Licensed)
References:
The Montreux Document On pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict, available at https://www.eda.admin.ch/eda/en/fdfa/foreign-policy/international-law/international-humanitarian-law/private-military-security-companies/montreux-document.html
Newport Rules of Engagement Handbook, U.S. Naval War College, available at https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2998&context=ils
Sanremo Handbook on Rules of Engagement, the International Institute of Humanitarian Law, available at https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjdtL7pue-BAxUovokEHS03DrAQFnoECBAQAQ&url=https%3A%2F%2Fiihl.org%2Fsanremo-handbook-rules-engagement%2F&usg=AOvVaw2Mfr7ljzl1-c6EEgmxJCZ2&opi=89978449
DODD 5210.56 w C1, Arming and the Use of Force, available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056p.PDF?ver=PIvIb3eht0obgolnD0UCEw%3d%3d
UN Office of Drugs and Crime, Handbook on the Use of Force by Private Security Companies available at https://www.unodc.org/documents/Maritime_crime/19-02086_Private_Security_Company_Handbook_Maritime_Crime_ebook.pdf
Thucydudes and the Ancient Art of Modern Warfare
E89 Sun Who?
E88: Who is thes Clausewitz Guy?
E87: Identifying the End State
E86: Is an End State Important?
E85: Naming the Rose Part 5 -- Why don’t we take action?
E84: Naming the Rose, Part 4 -- Tools for Accountability
Naming the Rose Part 3
Naming the Rose, Part 2
E81: Naming the Rose
E79: Rules for the Use of Force
E78: ROE and the Law of War
E77: Rules of Engagement
E76: Limited War with China
Wagner Decapitated?
E74: Niger -- Military Coup as Hybrid Warfare?
E73 Triumph of the Will
E72: Warfighting Capabilities
E71: War College for Civilians
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