다국적 군사작전 시 교전규칙의 상호운용성 확보를 위한 법·정책적 검토

Abstract

The very nature of “multinational operations”, i.e., their multi-nationality, presents significant legal challenges to their organization and operation. Every member state of a multinational force has its own international and domestic legal obligations and policies, which will inevitably differ from the laws or policies of other members. Without a means for multinational forces to reconcile their differing positions, the diversity of laws and policies in a multinational force is likely to prevent the establishment of basic operational frameworks for multinational military operations, such as a common operational plan or rules of engagement. Rules of engagement, in particular, are an important means of command and control as they are the mechanism by which forces apply force, and therefore interoperability of rules of engagement is essential to ensure unified behavior of multinational forces to drive mission success. To ensure interoperability of rules of engagement, first, establish a mechanism to share national caveats among member states from the beginning of the multinational force and track and manage them at the multinational command level; second, separate self-defence rules of engagement and mission accomplishment rules of engagement to tailor multinational military operations according to mission and task, third, institutionalizing procedures for disclosing portions of the rules of engagement or exchanging essential information; and fourth, separating member states geographically or by the mission, taking into account their respective rules of engagement, and enhancing training and exercises on the application of the rules of engagement. These discussions can provide a theoretical basis for ensuring the interoperability of rules of engagement in the event of conflicts between the rules of engagement of the ROK-US Combined Forces Command (CFC) and the rules of engagement of the ROK in the U.S.-ROK joint defense system.