Two weeks ago, I took apart Marcus Luttrell's Lone Survivor for claiming that insurgents don’t have rules of engagement (ROE). Insurgents have rules of engagement; they just don’t follow the Geneva Conventions. What Luttrell--and other critics of the ROE--really mean is that insurgents don’t have our rules of engagement, a statement that should shock no one.
Why don't insurgents have our ROE? A few reasons...
First, an insurgent leader can't control his fighters like an industrial military, and thus can't enforce their ROE with the discipline of the West. While a US Soldier could face court martial for disobeying ROE, an insurgent leader must use influence, intimidation and violence to control his men. Insurgent ROE reflects the reality of their situation, and is much more flexible.
Insurgent leaders don't write down their rules of engagement because they don't have the ability to distribute it. It's not like insurgents have the vast bureaucracies the Western armies maintain do. They have to use shuras or messengers, or even video tapes made in the hills of Pakistan. The point is they can't distribute an email or memo through a super-bureaucracy like the US. This is why their ROE will never be as strict or as documented as ours.
Second, insurgents also have a fundamentally different viewpoint of counter-insurgency/insurgency warfare than the Western armies. An insurgent is never on safe ground. He lives off the people, so for him the population is an active participant in the war. They also have drastically better intelligence, so they know who is really fighting in the insurgency and who isn't. Oh, and we wear uniforms.
But one reason above all explains why insurgent ROE doesn't look like American or Western ROE: an insurgent army doesn’t have the capabilities or firepower of a Western military.
Take this exchange from Ben M’Hidi in Battle for Algiers. When asked, “Isn’t it cowardly to use your women’s baskets to carry bombs, which have taken so many innocent lives?” Ben M’hidi responds, “Isn’t it even more cowardly to attack defenseless villages with napalm bombs that kill many thousands of times more? Obviously, planes would make things easier for us. Give us your bombers, sir, and you can have our baskets.”
I’m not advocating for insurgents. Just War Theory, on which rules of engagement are based, is the reason I joined the military. It explains why good Armies need to exist. I hate the insurgent's rules of engagement because it doesn't limit civilian casualties.
But none of this shocks me. Their tactics and weapons don’t look familiar either, so why would their ROE?