AFDD 2-1.9, page 105
Targeting
Air Force Doctrine Document: Targeting
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called “ROE” that may contain ROE changes until a new version or regular changes to
the OPORD can be published. This section will also contain any amplification the
CFACC deems necessary for complex ROE provisions.
Fragmentary Orders (FRAGO). In some past operations, restrictions from the
combatant commander impacting targeting were also published in FRAGOs.
Fire Support Annex. The fire support annex to an OPORD may also contain
additional guidance or information concerning targeting.
Coalition Concerns. Coalition forces may have their own set of ROE that may not
be similar to US ROE. That may impact whether coalition forces have the authority to
strike certain sensitive targets such as leadership, WMD, etc. or the type of support they
are able to provide to US forces striking those targets. US forces operating from
coalition bases (e.g., Diego Garcia) may also have restrictions placed on them—and on
the targeting they execute—by coalition ROE as well. Close coordination is required
with coalition partners during targeting to facilitate the understanding of their ROE and
the limits it may impose on them.
ROLE OF THE JUDGE ADVOCATE
So what does the JA have to do with targeting? The JA assists the planners and
operators with reviewing targets for compliance with applicable LOAC/ROE restrictions
(including collateral damage and other combatant commander restrictions) prior to
mission execution. Legal advice and counsel is necessary to the development,
interpretation, modification, and proper implementation of the ROE. JAs and their
support staff should be trained, operationally oriented, and readily accessible to assist
planners and operators with international legal considerations and ROE or related
issues. JAs have an affirmative duty to provide legal advice to commanders and their
staffs that is consistent with the international and domestic legal obligations and the
governing ROE. The complexity of international legal considerations along with the
ROE requires JAs to be available at all stages in the tasking cycle. JAs are usually
available 24/7 to the strategy, plans and operations divisions within an CAOC.
Additionally, JAs are usually available at the expeditionary wing and group level to
assist commanders, aircrew, and planners at the tactical level with targeting-related
issues at that level. It should be emphasized, however, that inputs and counsel
provided by the JA and staff are advisory rather than authoritative. Legal considerations
must be weighed against military necessity, imminent threat, and/or operational gain by
the CFACC and CFC.