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Sample text

S. forces will operate under national ROE. Such arrangements are likely to lead to tensions and frustrations on all sides. S. ”34 Ideally, all coalition partners will understand all ROE employed in the theater. In Operation Enduring Freedom, unfortunately, there were several difficulties in sharing United States ROE with coalition partners. First, the short period of time between the attacks on 11 September 2001 and the commencement of combat operations on 7 October 2001 did not permit coalition partner involvement in the planning or development of the ROE.

19 Coalition targeting procedures in Operation Iraqi Freedom, though probably as complex as in Kosovo, appear to have operated more smoothly and efficiently. Both the United Kingdom and Australia assessed assigned targets International law and coalition operations 13 according to their national legal obligations. While some targeting authority was delegated to commanders in theater, such as time-sensitive targets based on rapidly developing intelligence, other categories were subject to Ministeriallevel approval before they could be engaged.

Such concepts as “proportionality” and “necessity” defy strict definition and lend themselves to interpretations that may be grounded as much in political concerns as in legal requirements. The situation becomes more complex, however, when coalition members have different legal obligations based on their adherence to different treaties. 9 Since then, the situation has become more complex. During Kosovo, all members of NATO except France, the United States, and Turkey were parties to Additional Protocol I.

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