JAG discusses rules of combat

  • Published
  • By Master Sgt. Scott Elliott
  • Air Force Print News
WASHINGTON --  When Americans go to war, they are armed with more than the best weapons and training the nation has to offer -- they are equipped with the "rule of law."

According to the Air Force's senior lawyer, the United States fights wars differently from other nations.

"The Constitution governs everything we do, including the way the military fights wars," said Maj. Gen. Thomas J. Fiscus, the judge advocate general of the Air Force. "That means a couple of things - it means we apply the overarching concept of the Law of Armed Conflict and the Geneva Conventions."

During military operations, the president and secretary of defense approve rules of engagement to govern use of force by military forces, Fiscus said. These rules are written consistent with both U.S. and international law and reinforce principles of the LOAC.

Rules of engagement may vary by conflict. They may even be altered to fit changing circumstances in a given conflict, Fiscus said.

To help troops in the field and aircrew members understand LOAC and under what circumstances they are allowed to open fire, warfighters are often given cards that spell out the rules in basic language.

"We think the law actually facilitates the conduct of war for the soldier on the ground or the airman in the air, because they have very clear guidance of what our requirements are," he said.

"We believe this information gives an asymmetric advantage."

Servicemembers always have the inherent right to self-defense, Fiscus said.

Besides helping individual soldiers and airmen understand the rules, JAGs also work side-by-side with war planners to advise commanders on selecting targets for fighters and bombers.

"JAGs are very concerned with LOAC and help commanders look at each target with that in mind," Fiscus said. "In doing that, (the JAG) looks for the rules to be applied, including what we call discrimination -- distinguishing between combatants and non-combatants and between military objectives and protected property. Usually, only combatants and military objectives may be targeted. We also try to ensure that the weapon we use would not create unnecessary collateral damage."

Collateral damage includes civilian casualties and damage or destruction to cultural, religious or historic buildings or objects.

However, Fiscus said, there are exceptions to LOAC that could make a building that is otherwise safe from attack a target of opportunity.

"Under LOAC, any normally protected entity, such as a mosque or cultural site can lose its protection if the enemy uses it in a way that makes it a military target," he said. "It would be a tough assessment, but if the commander determined it was of sufficient military necessity ... it could be targeted."

According to Fiscus, precision-guided munitions have dramatically altered the JAG's job, making their role as adviser a necessity.

"Part of it has to do with the fact that, as Americans, we hold ourselves to a higher standard," he said.

"There is nothing in LOAC, (rules of engagement), international or domestic law that says we have to use PGMs. If we wanted, we could drop 500 bombs to take out a bridge as we did in (World War II)," he said. "It's just within our psyche that we want to minimize collateral damage."

While PGMs give American commanders the ability strike targets with near-surgical precision, those tactics can also be a double-edged sword from which some leaders view JAGs as their primary defense.

"As we've become more precise in our targeting, the world has begun to demand that we be even more precise," he said. "There's nothing in the Geneva Conventions that requires us to use PGMs, but because we have the ability, we take it upon ourselves in that way."