NATO Rules of Engagement

Camilla Guldahl Cooper, Ph.D. (Oslo, 2018), Norwegian Defence University College, is an Associate Professor of operational law. She has co-authored the Norwegian Manual of the Law of Armed Conflict, and published articles and chapters on operational law.

• Acknowledgements List of Abbreviations 1 Introduction 1.1 Background and Purpose 1.2 nato<\sc> Rules of Engagement 1.3 Scope 1.4 Sources and Methodology 1.5 The Structure of the Book Part 1The Point of Departure: nato<\sc> Rules of Engagement2 Rules of Engagement: Introduction, Development and Use 2.1 Introduction 2.2 Analysing roe<\sc>: Definition, Scope and Form, and Legal Status 2.3 The History of Mission-Specific Rules of Engagement 2.4 roe<\sc> Development 2.5 roe<\sc> as a Tool for Command and Control 2.6 Conclusions 3 ‘Use of force’ Categories in nato roe Doctrine 3.1 Introduction 3.2 The Use of Force in Self-Defence 3.3 The Use of Force in Response to an Attack or Imminent Attack by Opposing Forces 3.4 The Use of Force to Accomplish Designated Tasks 3.5 Attack in Response to Hostile Act and Hostile Intent as Defined by Nato<\sc> 3.6 Attack on Forces ‘declared hostile’ Part 2“Otherwise Lawful Use of Force”: the Law Regulating the Use of Force during Armed Conflict4 Introduction: the Search for a Legal Basis4.1 The Lotus Principle, Human Rights, and the Relevance of the Relationship between the jus ad bellum and jus in bello<\i> 4.2 The Right to Life and Prohibition on Arbitrary Deprivation of Life4.3 The Relationship between the jus ad bellum and the jus in bello: Related in Fact, but Not in Law 4.4 When Does What Apply? On lex specialis<\i>4.5 Conclusion: Two Main Legal Bases for the Use of Force 5 The Law of Armed Conflict 5.1 Introduction 5.2 Who Is a Lawful Target 5.3 What Does It Entail to Be a Lawful Target 5.4 Identification of Lawful Targets: Precautions in Attack and the Issue of Doubt 5.5 Carrying Out Attacks 6 Self-Defence 6.1 Introduction 6.2 State Self-Defence 6.3 Personal Self-Defence 6.4 Conclusion Part 3Operational ‘use of force’ Categories and their Corresponding Legal Bases: What May Legally Be Authorised?7 Introduction to Part 3 8 The Use of Force in Self-Defence during Armed Conflict: a Legal Analysis of the Various Concepts of Self-Defence 8.1 Overview 8.2 The Use of Force in Personal Self-Defence by Military Forces during Armed Conflict 8.3 Operational Concepts of Self-Defence8.4 Conclusions on the Relevance of Self-Defence as a Legal Basis for Use of Force during Armed Conflict Operations9 The Use of Force by nato<\sc> Forces in Response to Attacks or Imminent Attacks by Opposing Forces 10 When May Force be Used to Accomplish Designated Tasks? 11 nato<\sc> Hostile Intent and Hostile Act roe: Applicable Law and Its Consequences11.1 ‘hostile act’ and ‘hostile intent’ as Operationalisation of dph<\sc> 11.2 nato<\sc> Hostile Act and Hostile Intent roe and Customary Law 11.3 Conclusions on the Relationship between the nato<\sc> Hostile Act and Hostile Intent roe<\sc> and dph<\sc> 11.4 ‘Attack’ 12 The Use of Force in an Attack on Forces ‘declared hostile’ and Applicable Law12.1 Forces ‘declared hostile’12.2 ‘attack’ and The Role of Targeting Procedures Part 4Conclusions and Proposals13 Conclusions and Proposals 13.1 nato roe<\sc> and the Legal Basis for the Use of Force 13.2 The Need for a Holistic and Uniform Approach to roe<\sc> 13.3 The Relationship between Self-Defence, loac<\sc> and roe<\sc> Bibliography Index