Thread by @benmckelvey

Some of Ben Robert-Smith's more coherent and intelligent supporters are taking about the ROE mess in Afghanistan, and how it may complicate any potential criminal war crimes trials. 🧵

The @MusorianDigger of YouTube/FOI fame posted this (provenance unknown) detailing the two main offensive Rules of Engagement used by ISAF: ROE 429-A and 429-B.

Here's a further clarification from a UK infantry platoon commander's pre-deployment course. ROE 421 and 422 are standing, meaning you can employ them at any time, but 429a (and b) needed to be authorised.

Here an @ICRC report in alleged Australian war crimes, noting the confusion of the ROE used by the Australia (including that the 'Taliban' were a 'designated enemy force' but most of Australia's enemies were not part of the centralised insurgency)

Of most interest however is that there was another classified ROE, used by ISAF special forces hunting JPEL targets. This note from NZ's Operations Burnham inquiry talks about it, which allows 'predetermined and offensive use of lethal force.'

The JPEL was a long (perhaps 6-10k) list of people who ISAF didn't like. As noted here, if you were a JPEL you could, for a period of time, be consistently considered 'directly participating in hostilities.' Meaning you could be killed tilling a field, in the mosque, whatever.

An assassination ROE, you say? You said it, not me. Anyway, the Australian FE primarily hunting JPELs was the SASR, and some believe some of the incidents currently being investigated may have involved the killing of JPEL targets.

Worth noting though, that even though JPEL targets could be assassinated (who said that?) if they were first captured, they couldn't be killed. All Australian ROE has to fit within IHL or LOAC, which stipulates no one can be targeted when 'hors de combat' or post combat.

No killing prisoners, no executing incapacitated wounded people. None of that. But it seems you can just stick your shoulder next to your EWO and when he finds you guy (or your guy's phone) you can shoot him cold where he stands.

Another interesting feat of this document is the assertion that NZDF, MINDEF and PM were all aware of this ROE. This is may not have been the case with the Aussies.

I spoke to a few former cabinet minsters (and a PM) who didn't know the SASR were directly targeting JPELs. I found some people within SOCOMD were aware and some weren't. It's all pretty surprising. Anyway, we'll see if that ROE ever becomes a feature in a criminal trial.