Analysis: Rules of engagement in Iraq

WASHINGTON – On the morning of Nov. 19, 2005, after a roadside bomb killed a young US marine driving a Humvee through Haditha, Iraq, marines in his unit killed as many as 24 civilians.

It's not clear why. The marines say they were fired upon. Iraqi witnesses say the marines went on a rampage. Now, as the marines await possible charges, a key question is: Were they following their rules of combat? These "rules of engagement" are under increasing scrutiny as American and civilian losses mount in Iraq.

The Haditha incident and other alleged atrocities by US troops in Iraq posed "some questions about leadership, about whether the military has done all that it can do to make it clear to troops on the ground what they're entitled to do," says John Sifton, a lawyer with Human Rights Watch, based in New York.

If charges are brought against the marines, the key to their defense will be that they were following the rules of engagement, defense lawyers say. "It's clear that that is the direction one must take," says attorney Gary Myers, if it's proved his client killed a civilian. He declined to identify which marine he represents in the Haditha controversy to protect the young man's reputation.

Whether such a defense can prevail depends both on the facts of what happened in Haditha and on whether those who did the killing acted "reasonably," even if they killed civilians, military law experts say.

"No soldier or marine is going to be tried for an honest mistake," says Gary Solis, a former Marine Corps lawyer who teaches the law of war at Georgetown University in Washington.

But if the marines knowingly gunned down innocent civilians, no rules of engagement would condone such behavior, experts say. Lt. Gen. James Mattis, commander of the 1st Marine Expeditionary Force at Camp Pendleton, Calif., is expected to decide in coming weeks whether to bring charges against any of the marines.

Vary from war zone to war zone

Rules of engagement tell troops when they can apply force. They can vary from war zone to war zone, operation to operation, and even mission to mission. They're usually set by "combatant commanders" - those in charge of an entire region, such as Gen. John Abizaid, head of US forces in the Middle East. But some rules must be approved by the secretary of Defense or even the president.

In conflicts like the one in Iraq, applying the rules can be difficult, especially when troops must make split-second decisions. Sometimes, the rules even allow troops to shoot at civilians, if they can't be distinguished as such and appear to pose a threat.

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