Reconnaissance as Legal Due Diligence: Lessons from Land to Sea( continued from page 21)
II. Do Not Keep Reconnaissance Assets in Reserve Reconnaissance assets are never kept in reserve. When committed, reconnaissance assets use all of their resources to accomplish the mission. Commanders are taught to analyze every decision and assign assets accordingly through the lens of mission, enemy, terrain, troops available, time, and civilian considerations(“ METT-TC”).
Continuous and focused information collection efforts require an efficient mix and redundancy of reconnaissance assets; however, this does not mean employing all assets and capabilities simultaneously. Similarly, in maritime operations, failing to deploy available technology( engine health systems, collision avoidance tools, redundancy checks) invites legal scrutiny.
While all vessel owners will understand the importance of developing and deploying systems and procedures aimed at keeping track of assets and personnel, one challenge faced in that development and deployment is constrained assets. HSSE policies are not created in a vacuum, but must be developed within the operational and budgetary confines of the maritime business in which they are to operate. It is therefore imperative that owners consider the extent to which they are able to consistently devote assets and funds to not only developing and deploying these procedures, but in maintaining, monitoring, and improving the systems over time. Lax policies and a lack of enforcement of those policies— or leaving those assets in reserve— can often result in additional scrutiny and potential liability exposure than would exist simply by failing to plan. Of course, this is no excuse to fail to plan, rather, emphasis must be placed on properly scoping and deploying well-designed policies and procedures.
III. Orient on the Reconnaissance Objective This fundamental is a tool that allows a Commander to effectively communicate over time and space, in a potentially kinetic environment. The decision maker uses the reconnaissance objective to focus reconnaissance efforts.
A significant trap for the well-meaning vessel owner is failure to review and revise policies and procedures as circumstances require over time. Owners must routinely and consistently capture information on the effectiveness, advantages, and disadvantages of a particular system and ensure those systems continue to achieve their operational objectives. This is especially relevant in the fast-changing technological and legal environment in which modern shipping finds itself. What were once well-designed policies may quickly fall out of relevance and may even promote negative outcomes as technology and laws change.
IV. Report All Information Rapidly and Accurately Timely reporting is a cornerstone in both Army reconnaissance and maritime regulation. Reconnaissance assets acquire and report accurate and timely information on the enemy, terrain, and civil considerations of the area over which operations are conducted. Operational planning and command decisions rely heavily on this information. For this reason, Commanders depend on the prompt and reliable transmission of relevant information in order to determine how and when to employ available forces. Sitting on information delays and restricts those tasked with analyzing the information and providing recommendations. To maintain focus and timeliness, Commanders link specific information requirements to decision points and establish a latest time information is of value(“ LTIOV”) deadline. Notably, reconnaissance units report exactly what they see and, if appropriate, what they do not see. Seemingly unimportant information may be extremely important when combined with other information. Reports of no enemy activity are as important as reports of enemy activity. Failing to report tells the Commander nothing.
As in the military context, a vessel owner’ s ability to make informed and timely decisions depends largely on the quality of information received from the reporting personnel. It is therefore an owner’ s responsibility to ensure systems are in place to promote timely and accurate reporting. While vessels were historically disconnected from land and their owners once they set sail, modern communications and tracking technology make the exchange of information faster and easier than ever. But this speed does not always beget reliability. While a system alarm may be easily relayed to shore-side personnel, it is rarely the shore-side staff that is in the best position to triage a potential situation. Rather, therefore, than rely solely on automated notifications in monitoring vessels, owners should ensure crew are trained to report accurate and timely information that will facilitate shoreside personnel’ s understanding of an evolving situation.
V. Retain Freedom of Maneuver Reconnaissance assets must retain battlefield mobility to successfully complete their missions. If these assets are decisively engaged, reconnaissance stops. Reconnaissance assets must have clear engagement criteria that support the Commander’ s intent. They must employ proper movement and reconnaissance techniques, use overwatching fires, and follow standard operating procedures(“ SOPs”). Initiative and knowledge of both the terrain and the enemy reduce the likelihood of decisive engagement and help maintain freedom of
( continued on page 23)
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