The Effects of Paradigm Shifts on the Rules on the Use of Force in Military Operations

This article explores the effects of paradigm shifts, that is the transition from the law enforcement paradigm to the war fighting paradigm and vice versa, on the rules on the use of force for military operations. The concept and main elements of rules of engagement are explained, followed by an analysis of applicable law and its effect on the use of force in each of the two paradigms. Particular attention is focused on the divergent meanings of necessity and proportionality in the two paradigms. Finally, the effects of paradigm shifts on military operations and on the rules on the use of force are explained. The conclusion offers some guidance on the use of rules of engagement to support such paradigm transitions.