Rules of Engagement are established by the commander, but are developed by the commander and the JAG. They are legal restrictions on the application of violence.
Your last sentence is one that we struggled with on a daily basis. If you have a terrorist leader who is vulnerable, do you risk killing people around him who may be innocents or may be part of his group? Because the drone isn't going to tell you who is good and who is bad...it's a soda straw video feed...
The application of violence is much more discriminate in Afghanistan that it was in Vietnam; can't speak for Iraq because I was never there. Rules of engagement are pretty strict...when McChrystal was ISAF Commander, he basically constrained offensive air strikes and they could only be used in extremis.
dajafi wrote:I will admit to not having followed this super closely. But it seems to me that greater clarity and transparency around rules of engagement would both address some of these governance concerns and actually advance the, y'know, successful conduct of the war (or "war"). This all feels way too close to how we did things in Vietnam, where every killee was posthumously categorized as an enemy combatant and the result was both a hugely exaggerated sense of our success on the battlefield and a progressive loss of hearts and minds. Moral objections aside, my big concern about the drone program (and our interventions in general) is that it might be creating more enemies than its killing.