AFDP 3-60, page 13

Air Force Doctrine Publication 3-60, Targeting 10 considerations specific to a given operation. Theater-Specific ROE. The CCDR’s theater-specific ROE addresses strategic and political sensitivities of an AOR and approved by the CJCS. Theater-specific ROE may be issued in a separate message. Like the SROE, these may not provide specific targeting restrictions or considerations tailored to the circumstances of a specific operation. Operation-Specific ROE. These ROE are promulgated by the President, Secretary of Defense, CCDR, and component commanders, and are based on the specific factors underlying the operation. The ROE might be sent to the components via message from the CCDR or incorporated into operations orders (OPORDs). The ROE are usually re- stated in the joint air operations plan (JAOP) and in Section Five of the air component’s daily Special Instructions (SPINS). Legal Support. AFDP 3-84, Legal Support, provides guidance on developing ROE. Considerations include: ROE development is a collaborative effort (vertical and horizontal among organizations), should integrate all players (judge advocates, commanders, planners, and operators), should not be too specific or restrictive, and should provide simple, clear guidance to accomplish the mission. CIVILIAN HARM MITIGATION AND RESPONSE The success of air operations depends on airmen acting consistently with the fundamental principles of the LoW. Preventing, mitigating, and responding to civilian harm should be integrated into mission objectives and the targeting process. Department of Defense Instruction 3000.17, Civilian Harm Mitigation and Response, includes requirements to protect elements within the civilian environment (i.e., the personnel, organizations, resources, infrastructure, essential services, and systems on which civilian life depends). Furthermore, this policy requires operations personnel to report collateral damage to civilian harm assessment cells (CHACs).19 ROLE OF THE JUDGE ADVOCATE Judge advocates assist the commander, planners, and operators with reviewing targets for compliance with applicable LoW and ROE restrictions (including collateral damage and other CCDR restrictions) before mission execution. Judge advocates also provide legal advice to commanders and their staffs on the conduct of military operations ensuring consistency with international and domestic legal obligations and the governing ROE. Legal advice and counsel are necessary to develop, interpret, modify, and properly implement the ROE. Judge advocates and their support staff are trained, operationally oriented, and readily accessible to assist commanders, planners, and operators with legal considerations and ROE-related issues. Judge advocates should be engaged early and often in the targeting process. The complexity of legal considerations, along with ROE, requires judge advocates to be 19 For additional information on protection of civilians, see DoD Instruction (DoDI) 3000.17, Civilian Harm Mitigation and Response.