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Proportional Use of Force

A US Navy helicopter crew fired on a Somali skiff engaged in piracy, apparently killing all four pirates:

The interdiction took place at 10:35 a.m. local time. The Norfolk, Va.-based Bulkeley, assigned to Joint Task Force 150, had received a mayday call from the German-owned, Panamanian-flagged crude carrier Artemis Glory, which said it was being chased and attacked by pirates.

Bulkeley responded to the mayday call, first heard by a Royal Fleet Auxiliary ship and relayed to Combined Maritime Forces, by launching an SH-60B Seahawk helicopter assigned to Helicopter Squadron Light 48, Detachment 4, to investigate. When it arrived on station — a command spokesman could not provide the distance or transit time — the crew saw four individuals in a skiff firing at Artemis Glory, using small arms.

The helicopter crew opened fire on the skiff under what command spokesman Lt. Cmdr. Sam Hearn of the Royal Navy said was the principle of “extended unit self-defense” on behalf of the crude carrier. All four pirates are believed to have been killed, Hearn said. Hearn said he did not know which weapon system was employed but noted that the SH-60B is equipped with a single M-240 machine gun.

Officials do not believe the helicopter was fired upon by the pirates, Hearn said.

Other rules of engagement may be in effect, and if so they are properly classified. But based on the JCS Special ROE of 2000, extending the concept of collective self-defense to non-US forces and foreign nationals or their property may not be delegated below the National Command Authority level. Which is perhaps why I’ve been hearing some back channel chatter that this demonstration of both determination and accuracy is not universally admired at headquarters.

But it’s hard for even highly trained and disciplined good guys to sit idly by and watch bad guys commit an overtly hostile and illegal act against innocents without executing a proportional response. The power to prevent a present evil implying the responsibility to do so. If the collective/NATO ROE governing piracy need work – and it’s quite possible that they do – then this event should document the necessity, rather than serve as cause for punishment. The optics of which, once scarcely need mention, would be terrible.

To quote from my own sidebar:

“A kind Providence has placed in our breasts a hatred of the unjust and cruel, in order that we may preserve ourselves from cruelty and injustice. They who bear cruelty, are accomplices in it. The pretended gentleness which excludes that charitable rancour, produces an indifference which is half an approbation. They never will love where they ought to love, who do not hate where they ought to hate.”–Edmund Burke

 

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39 comments to Proportional Use of Force

  • Busbob

    “Which is perhaps why I’ve been hearing some back channel chatter that this demonstration of both determination and accuracy is not universally admired at headquarters.”
    So the tangible result downstream is a Naval force that may be characterized by timidity when faced with operational decisions. I’m disappointed in headquarters, whoever they may be.

  • virgil xenophon

    Stand-by for the Art. 32 proceedings–the paperwork is probably already in the mill..

  • Sarge

    I fully expect Obama to start doing the ‘right’ thing in cases such as this, as the election gets closer.

    And then to immediately stop, should he actually win re-election.

  • J.T. Wenting

    “. But based on the JCS Special ROE of 2000, extending the concept of collective self-defense to non-US forces and foreign nationals or their property may not be delegated below the National Command Authority level.”

    What happened to the NATO charter, which is US law (under the constitution which makes any international treaty law in the US), and states that an attack on any member is an attack on all (and thus ROE would be such as when a US asset was attacked)?

  • Liz

    Everything is recorded on camera these days. Makes it a real problem. Should’ve stopped the tape. “Heh, those pirates were shooting at us!”

    Though I thought during the course of saving others lives violence is permitted anyway?

  • Jeff Weimer

    What about the principle of coming to the aid of ships in distress?

  • The Sea Wolf is smiling…no, hooting and hollaring, in any case.

  • Mike Myers

    Smoke ‘em if you (see) ‘em, as my old Drill Sergeant might have said.

    I suppose the helo could have made a low pass between the ship and the Somali skiff to “draw fire” before opening up. But that’s essentially stupid. Why let the buggers have the first shot at you?

  • Jeff Gauch

    What I want to know is the rationale behind those ROE. I could understand something like that in a confrontation with China, but are we really worried about escalating conflict with Somalia? What are they going to do, starve at us?

  • Jim Shawley

    They’re gonna be hanged from the nearest yardarm, then thrown under the bus.

    Sigh.

  • John

    The Bulkeley’s namesake must be delighted that his warrior spirit lives on!

    However, I must admonish the helo crew that their poor marksmanship while firing “warning shots” were misplaced, resulting in the regrettable injuries to the peaceful fishermen in the area.

    Seriously, the crew and skipper should be given medals, not a lawfare anal exam for doing the right thing!

  • JoMo

    I say: “If they resist, shoot the sons of bitches. We will then see a dramatic statistical drop in the number of piracy cases on the high seas. US NAVY, A FORCE FOR GOOD!”

  • [...] News Securing Sea Lanes [...]

  • BeachBum

    How is this different from our Pakistani incursion, or what we are doing in Libya? Yes, I get it, Washington ordered the 1st 2, and may or may not have ordered this one, but hey, we’re talking pirates, the scourge of the seas, they should be shot on sight.

  • Taxi1

    I prize decisive action as much as the next man. That given, I can easily see where the boss might be a little concerned:

    “Hey, go take a look and report back on the activity, after which I’ll make a decision.”

    “Roger, target eliminated.”

    “Ooooo-kay…”

  • MM3 John

    I would like to think those in the NCA have the back of our warfighters overseas, specially when they actually save lives, but we are talking Obama here. He will of course have to calculate if throwing these guys under the bus will help or hurt his chances to get re-elected.

    Here is hoping he decides it will hurt…

    • Taxi1

      I would like to think those in the NCA have the back of our warfighters overseas, specially when they actually save lives, but we are talking Obama here. He will of course have to calculate if throwing these guys under the bus will help or hurt his chances to get re-elected.

      I was deeply “in” on the GWOT for a long period spanning W’s reign transitioning into O’s helm. I’ll tell you straight out that I saw nothing to suggest he was looking to micro-manage ops or lacked trust in his operators or failed to back them when things went not perfectly. So your criticism is misplaced. The transition from W to O was pretty much seamless from my POV.

  • A non-philosophical decision tree for U.S. military non-proportional force is transparently simple:

    -1. Can Bush/Cheney be blamed? If Yes, -2; if No, go to 0 (New Regime rules).
    -2. Condemn Bush/Cheney in worldwide press.
    0. Has attack been approved by a JAG Pentagon/field representative? If yes, go to 3.; if No, go to 1.
    1. How soon is the next election? If within 12 months, go to 2; if longer than a year, go to 4.
    2. Can a highly-placed lawyer (i.e. Obama) claim credit for success? If yes, go to 3; if No, go to 4.
    3. Proceed.
    4. Wait.

    QED

    • For the precise reverse engineering effort, I have forwarded your insightful comment to a larger audience.

      Now, look for black helos on top your IP address posit soon for exposing National Secrets….

  • NaCly Dog

    Perhaps the flight crew will be put in a comfy chair.

    I support their actions.. If continued, there would be less piracy. The USN fought pirates this way in 2 major campaigns (Med, Carib post 1812), and lots of small ship action in the later 1800s.

  • Tuna

    Any of the more “experienced” readers of this forum know the last time a Navy helo took out a boat? Viet Nam?

    • G-man

      I know they had an “assist” in NAG in 88. AHIPS directed to a fleeing Boghammer which was hit by 2 flechette rounds. “Chum” would be a gross exaggeration of the ensuing results.

      In those days the ship under attack had to specifically “request distress assistance” before the USN could enter the fight.

      But yeah, probably a HAL squadron was the last boat-killer.

  • Jim Collins

    It should have went something like this.

    “Nice shooting.” Give pat on the back. Look into getting a bigger gun for the helos. Maybe a rocket pod.

  • BN

    All I want to know is, do they get to stencil a dhow kill on their helo now?

  • RetRsvMike

    evidently that whole new tradition of “Muslim Burial at Sea” is quite a fad…. it really seems to be catching on!

  • Sh1fty

    Shame if they get in trouble for doing what has to happen more often out there.

  • BADLucas

    So I went and read the Navy Times article, I see some irony in the cargo details.

    The ship is transporting a cargo of crude oil from Saudi Arabia to China.

    Subtitle could have read:

    Americans defend China oil source

    For our Firefly fans, I think this one applies given the context of the narrative.

    If you can’t do something smart, do something right.

    Tangent warning (as if the other comments weren’t) Is this simply Somali Piracy or is it Muslim Piracy based out of Somalia? History repeating itself as it were. Anyone have any statitics indicating whether any Muslims have been held for ransom or have they been simply released once they identified theselves as Muslims?

  • Bill K.

    Too bad HQ can’t clarify that there were no Somalis, no way, no dhow.
    Just routine gunnery practice…

  • There is that section of the cited ROE that reads:
    (5) Piracy: US warships and aircraft have an obligation to repress piracy on or over international waters directed against any vessel, or aircraft, whether US or foreign flagged and are authorized to employ all means necessary to repress piratical acts. For ships and aircraft repressing an act of piracy, the right and obligation of self-defense extends to persons, vessels, or aircraft assisted . . .

    Appendix A, p. A-7

    Who decides what “all means necessary” means? The aircraft commander in this case? Or does he/she need to call home and await further instructions? I would argue the person on the scene has to make the call, and then, in typical Navy fashion, be second guessed by people who were not there and did not have to make a quick decision.

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