Aspekty prawne NATO ROE – MC 362/1 (ze szczególnym uwzględnieniem komponentu morskiego)

The multinational military operations require the harmonisation of the operational procedures, especially in respect of the use of force (Rules of Engagement). The manifestation of an above attitude is the decision of the Military Committee of the North Atlantic Alliance MC 362/1 of 2003, June 30 (so called NATO ROE). The document contains a compendium of strategic and operational ROE and NATO policy for approving and implementing these rules for all NATO/NATOled military operations. The NATO ROE provides guidance and direction on rules of engagement, use of force in self-defence, the requirements of necessity and proportionality. A particular problem is the legal meaning of ROE and its binding force on a commander and the soldiers, and accordingly an issue of using ROE for precluding their accountability. The conformity of any action with any set of ROE in force does not guarantee its lawfulness, and it remains the commander‘s responsibility to use only that force which is necessary and proportionate under the prevailing circumstances. The guidelines on the use of ROE in maritime operations (Annex D to MC 362/1) underlines the specific features of naval military activities. Some directives can be found in the operational doctrine of the Polish Navy (DD/3.1) of 2010.