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EN
International law provides authority for self-defense of warships against illegal attacks on the high seas (including the foreign contiguous zone and exclusive economic zone) and for taking all means used for self-protection as far as they are necessary and proportionate. The situation is far more complex when a warship is located in sea areas in which another state enjoys sovereignty, thus in foreign national waters (internal waters, territorial sea, archipelagic waters). Any kind of use of weapons or force within these waters might first be considered as a violation of sovereignty and thus is unlawful. Therefore use of military force at sea in peace is governed by two categories of rules: Standing Rules of Engagement (SROE) outside the territory of home state and Standing Rules for the Use of Force (SRUF) within the territory of home state. Both regulations as essential for the Navy, establish fundamental policies and procedures governing the actions to be taken by warship commanders during military operations, contingencies, and routine military functions including Anti-Terrorism/Force Protection.
EN
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.
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