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Law of War/Law of Armed Conflict Discussion

HeyJoe

Fly Navy! ...or USMC
None
Super Moderator
Contributor
I think the Fog (of War) is settling in...so an AC-130 dealing with "squirters" would be likely inappropriate? It's almost like a JAG has to be embedded everywhere. Sorry, I just think bad guys with hostile intent need to go away pronto, period. If you can bag them, great. I'm sure they're laughing their asses off at our collective hang-wringing while they try to fashion the biggest bang they can. Do you think they try to judge appropriateness of weapon used...quite the opposite! I like what the ATO used to say in Desert Storm: Best Weapon
 

FLYTPAY

Pro-Rec Fighter Pilot
pilot
None
I think the Fog (of War) is settling in...so an AC-130 dealing with "squirters" would be likely inappropriate? It's almost like a JAG has to be embedded everywhere. Sorry, I just think bad guys with hostile intent need to go away pronto, period. If you can bag them, great. I'm sure theyre laughing their asses off at our collective hang-wringing. Do you think they try to judge appropriateness of weapon used...quite the opposite! I like what the ATO used to say in Desert Storm: Best Weapon
There is a strong movement towards adding to the LOAC so as to address alot of the concerns/problems unique to the GWOT. Until then, shoot'em if you got'em
 

skidkid

CAS Czar
pilot
Super Moderator
Contributor
It seems we are crossing the streams a bit. Proportionality is a nice to have and a byproduct of the current conflicts we find ourselves in and the touchy feely direction our society has taken.

There is nothing in the Laws of Armed conflict that precludes dropping 155mm artilery, a MK82, a fechette rocket etc etc etc on one guy with an AK if that is what it takes to accomplish your mission. Proportionality is mentioned if the enemy is using cultral, religous or historic sites. Overkill is not out of the box, sometimes it is tactically not the right answer but it is legal.
If the ROE permits, never send a Marine somewhere you can send a bullet first.
 

Lawman

Well-Known Member
None
There is nothing in the Laws of Armed conflict that precludes dropping 155mm artilery, a MK82, a fechette rocket etc etc etc on one guy with an AK if that is what it takes to accomplish your mission. Proportionality is mentioned if the enemy is using cultral, religous or historic sites. Overkill is not out of the box, sometimes it is tactically not the right answer but it is legal.
If the ROE permits, never send a Marine somewhere you can send a bullet first.

Read lessons we forgot since the battle for Hue City.

Hell look at WWII. Every town my grandfathers unit rolled into the first thing they did was blow the sh!t out of the church bell tower. Pissed the locals off something fierce but they stopped needlessly loosing men to sniper fire.
 

Harrier Dude

Living the dream
I think the Fog (of War) is settling in...so an AC-130 dealing with "squirters" would be likely inappropriate? It's almost like a JAG has to be embedded everywhere. Sorry, I just think bad guys with hostile intent need to go away pronto, period. If you can bag them, great. I'm sure theyre laughing their asses off at our collective hang-wringing. Do you think they try to judge appropriateness of weapon used...quite the opposite! I like what the ATO used to say in Desert Storm: Best Weapon

I completely agree. My only reference to the LOAC above was with respect for deliberate and egregious use of force that was disproportionate, when lesser force was clearly easily available.

My point is that if you have to kill somebody, then by all means do it. Use whatever you have. It's completely legal. However, if you deliberately use waaaaaayyyyyyy more force than was necessary, just for kicks, somebody may try to make a charge under LOAC.

It'll almost certainly hit the media and get your ass in a serious crack with the higher-ups in the command structure, but that's a separate issue.

Also a separate issue is wasting ordnance/ammo. That's one of the reasons why the ATO says BEST. In addition to providing flexibility, we're supposed to strive for a proper weapon to target match when able. It doesn't stop you from dropping a GBU-16 on a single dude sitting in the desert. If that's all you have left, then you go with what you got.
 

insanebikerboy

Internet killed the television star
pilot
None
Contributor
It seems we are crossing the streams a bit. Proportionality is a nice to have and a byproduct of the current conflicts we find ourselves in and the touchy feely direction our society has taken.

There is nothing in the Laws of Armed conflict that precludes dropping 155mm artilery, a MK82, a fechette rocket etc etc etc on one guy with an AK if that is what it takes to accomplish your mission. Proportionality is mentioned if the enemy is using cultral, religous or historic sites. Overkill is not out of the box, sometimes it is tactically not the right answer but it is legal.
If the ROE permits, never send a Marine somewhere you can send a bullet first.



That's what I took away from the law classes I had. If it was just me and some dude trying to shoot me, it wouldn't matter how I killed him, as long as he was dead. Hell, I could drive a tank over him squishing him if I wanted to and that's what I felt was needed. The proportionality response comes in when you have that 13 year old in a mosque shooting at you. Then, it's a matter of is the 2000# bomb warranted, thereby destroying the whole building and the five buildings surrounding him, or could we maybe take him out with a well placed mortar or TOW shot, and only damage the building he's in? Direct engagement and proportionality aren't the same.
 

phrogdriver

More humble than you would understand
pilot
Super Moderator
There was a story from Panama about a guy who hit a dude on a bike with a TOW. He was an enemy combatant, was armed, and had somehow got himself engaged with some US forces. They could have just shot him, but basically just thought "When am I going to get another chance to schwack sombody with a TOW again? This will be cool". That was inappropriate, not in accordance with the LOAC, and just a stupid waste of a TOW. .


Wasn't that Grenada? Or have two poor bicyclists been whacked by Cobras with TOW missiles?

I'm actually kind of surprised a human body, or bicycle, sets off the warhead.
 

Harrier Dude

Living the dream
Wasn't that Grenada? Or have two poor bicyclists been whacked by Cobras with TOW missiles?

I'm actually kind of surprised a human body, or bicycle, sets off the warhead.

I heard it was Panama, and I also heard it was a ground based TOW. That was part of the problem, in that he could have just shot him with his rifle/organic small arms.

I'm not even sure it ever actually happenned. Part of me thinks it was probably myth and/or urban legend. I was usuing it to demonstrate a point, so it doesn't really matter.
 

phrogdriver

More humble than you would understand
pilot
Super Moderator
I have read of a Marine Cobra shooting at a bicyclist in Grenada. Granted, you can't believe everything you read, but it was in a real book. With pages and everything. It's been a while, so I'll try to find the reference or another source.
 

Harrier Dude

Living the dream
My Battalion had a negligent discharge with a TOW in Iraq. Just wanted to say that, and yes - it's true...

Lemme guess.........

Some poor LCpl to Battalion CO: "Sir, the FAC said he just wanted to look through the sights for a minute and the next thing we know......WWWWHHHHHOOOOOOOOOOOOOSSSSSSSSSSSSSSHHHHHHHHHH!!!!"

Is that about how it happenned?:D
 

phrogpilot73

Well-Known Member
Lemme guess.........

Some poor LCpl to Battalion CO: "Sir, the FAC said he just wanted to look through the sights for a minute and the next thing we know......WWWWHHHHHOOOOOOOOOOOOOSSSSSSSSSSSSSSHHHHHHHHHH!!!!"

Is that about how it happenned?:D
That would have made for a better story. One of the "TOW Gurus" from Weapons Company was giving a hip pocket class to some of the Marines and next thing you know... One guy had to be casevac'd because of the back blast.

Luckily, everyone was OK.
 

jt71582

How do you fly a Clipper?
pilot
Contributor
Oh, forgive me for reading you wrong. It has been a long week. Glad everyone turned out okay.
 
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