Rules of Engagement (ROE) for Military Space Operations Guy Phillips, C.D. B.A., LL.B., LL.M Commander (Retired) Adjunct & Sessional Assistant Professor Royal Military College of Canada

Outline u Intro to ROE u Basic ROE Structure & Issues u Military Space Operations ROE u Conclusions

Intro to ROE u ROEs are military “doctrinal” tool –not legally required –may be legal orders or merely guidance u Purposes: –Political and military command and control –Ensure the rule of law –Prevent crisis escalation –Provide direction on threat & use of force F in self-defence or offence u Structure: –Prohibitions –Restrictions –Permissions

ROE Theory u Four ROE factors: –National political direction –International policy & diplomacy –Operational factors –(National) & International law

Roach Venn Diagram ROE Politics Diplomacy Operations Law

Basic Structure & Issues u Two basic legal paradigms –Jus ad bellum F UN Security Council Resolution Chapter VII F Self-defence under criminal or international law F General international law & lex specialis –Law of the Sea –Air & Space Law –Jus in bello F Hague Stream (means & methods) F Geneva Stream (humanitarian principles)

Roach Venn Diagram ROE Politics Diplomacy Operations Law

Jus ad bellum Issues u Legal authority to use force –UNSCR –Self-defence of F Individuals F Units F State (national) –Self-defence against; F Hostile act F Hostile intent –Capability –Intent

Jus in bello Issues u Geographic & Proximity u Means & methods –Targeting F Military objectives F Dual-use –Weapons F Prohibited F Restricted –Weapons effects F Non-destructive/interference F Destructive –LOAC/IHL for ground-based assets & effects

LOAC/IHL Principles u Military necessity u Distinction u Humanity u Proportionality

Conclusions u ROE crucial analytical tool –amalgam of four ROE factors –help define F threats & responses F issues F information required F approval/authority levels –prevent hasty, ill-informed and incorrect decisions and reactions