Law of War is often referred to as the law of armed conflict (LOAC). This is what is permissively legal to do, if you are engaged in conflict.
The Rules of Engagement (ROE) are directives regarding the exact circumstances United States (US) forces will initiate and/or continue combat engagement.
Has the hostage takers used force such as firing a weapon to take the hostage? Did they fire at US forces? Did they deploy munitions of any type? Has there been an escalation of combat or have they disarmed? Is there an immediate threat to the hostage? Have they threatened to kill the hostage? Are they retreating or advancing? Are the hostages prisoners of war? Are they being provided the required treatment for POWs?
All of these and many more can determine the rules of engagement for US forces.
The ROE is separate to the rules of war and not all forces have the same methodology. In fact some nonUS forces may receive no training for LOAC or ROE.
Finally, the current interpretation post 9-11 is that those that do not follow the LOAC are not legally combatants and therefore do not have to be provided the protections that they would if they were legally combatants. So, if they engage in war in a way that does not follow the legal methods they may not hide behind the protections.
This is actually a good question.
Law of War is often referred to as the law of armed conflict (LOAC). This is what is permissively legal to do, if you are engaged in conflict.
The Rules of Engagement (ROE) are directives regarding the exact circumstances United States (US) forces will initiate and/or continue combat engagement.
Has the hostage takers used force such as firing a weapon to take the hostage? Did they fire at US forces? Did they deploy munitions of any type? Has there been an escalation of combat or have they disarmed? Is there an immediate threat to the hostage? Have they threatened to kill the hostage? Are they retreating or advancing? Are the hostages prisoners of war? Are they being provided the required treatment for POWs?
All of these and many more can determine the rules of engagement for US forces.
The ROE is separate to the rules of war and not all forces have the same methodology. In fact some nonUS forces may receive no training for LOAC or ROE.
Finally, the current interpretation post 9-11 is that those that do not follow the LOAC are not legally combatants and therefore do not have to be provided the protections that they would if they were legally combatants. So, if they engage in war in a way that does not follow the legal methods they may not hide behind the protections.