Army Lawyer, Issue 2, 2020
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U.S. Army Judge Advocate General’s Corps Issue 2 • 2020 Interoperability 40 Breaking Quarantine 44 Back to the Future 68 Peacetime Partners 86 U.S. Army SGT Tykisha Teal, a transport operator with the 1229th Transportation Company, Maryland Army National Guard, speaks to a JAG Corps representative at the MDNG’s joint reception, staging, onward movement and integration station at the Dundalk Readiness Center in Dundalk, Maryland. (Credit: SGT Elizabeth Scott/U.S. Army National Guard) Table of Contents Editorial Board Issue 2 • 2020 Captain Nicole Ulrich Departments Editor-in-Chief, The Army Lawyer 40 A Foreign Perspective on Legal Interoperability Court Is Assembled By Lieutenant Colonel Paddy Larkin and Captain Pearl K. Sandys Mr. Jan Bartels Editor-in-Chief, Military Law Review 2 Transatlantic Partnership British Army Legal Services Major Courtney M. Cohen and the U.S. Army Judge Closing Argument Director, Professional Communications Program Advocate General’s Corps 97 Preparing the JAG Corps for By Major General Alexander Taylor Lieutenant Colonel Jess B. Roberts an Uncertain Tomorrow Vice Chair, Administrative and The Strategic Initiatives Process Civil Law Department 4 News & Notes By Colonel Peter Hayden, Lieutenant Colonel Josh Berry, and Major Justin Barnes Lieutenant Colonel Keirsten H. Kennedy Azimuth Check Chair, Administrative and Civil Law Department 7 The Power of Deliberate Mr. Fred L. Borch III Leader Presence Features Regimental Historian and Archivist By Colonel Jerrett W. Dunlap Jr. No. 1 Lieutenant Colonel Megan S. Wakefield Lore of the Corps Chief, Strategic Communications 44 Breaking Quarantine Using Article 84 to Chief Warrant Officer Two Matthew M. Casey 9 Members of the Regiment Combat COVID-19 Strategic Communications Officer Interred in Arlington By Lieutenant Colonel Alexander Douvas, National Cemetery By Fred L. Borch III Major Gregg Curley, Major Nicholas Henry, Mr. Marco Marchegiani Captain Jeffrey Amell, Captain Johnathon Art Director, Government Publishing Office Turner, First Lieutenant Garrett Adcock, Career Notes Gunnery Sergeant James Marczika, and Ms. Jaleesa L. Mitchell-Smith Staff Sergeant Johnathan Starks Technical Editor 18 Advising NATO By Lieutenant Colonel Scott McDonald and Mr. Sean P. Lyons Lieutenant Colonel Keirsten Kennedy No. 2 Editor, The Army Lawyer 58 The Past Is the Present 21 On Exchange at British What Two 19th Century Trials The Army Lawyer (ISSN 0364-1287, USPS 490-330) is Army Headquarters Can Tell Us About Court published six times a year by The Judge Advocate General’s By Lieutenant Colonel Justin M. Marchesi Legal Center and School, Charlottesville, Virginia for the Martialing Senior Leaders Today purpose of education and performance in legal responsibilities. By Captain Sean K. Price The opinions expressed by the authors in the articles do not Practice Notes necessarily reflect the view of the Department of Defense, the Department of the Army, The Judge Advocate General’s Corps 22 Part I: Why the FM-27 Update No. 3 (JAGC), The Judge Advocate General’s Legal Center and School, is Vital for Judge Advocates or any other governmental or non-governmental agency. By Lieutenant General Charles N. Pede 68 Back to the Future Masculine or feminine pronouns appearing in this pamphlet Evaluating U.S. Army Futures refer to both genders unless the context indicates another use. Command’s Modernization Efforts The Editorial Board evaluates all material submitted for 25 Part II: Combating Enemy By Lieutenant Colonel Jeffrey S. Dietz publication, the decisions of which are subject to final approval Lawfare on the Battlefield by the Dean, The Judge Advocate General’s School, U.S. Army. By Major Matthew J. Aiesi Unless expressly noted in an article, all articles are works No. 4 of the U.S. Government in which no copyright subsists. Where copyright is indicated in an article, all further rights 29 When Iran Sanctions Collided 76 A Legal Framework for DoD’s are reserved to the article’ s author. No compensation can be paid for articles. with Contingency Contracting Artificial Intelligence Push By Major Nolan Koon By Colonel Paul E. Golden The Army Lawyer may make necessary revisions or deletions without prior permission of the author. An author is responsible for the accuracy of the author’s work, including No. 5 citations and footnotes. 32 Judge Advocates and German Attorneys in Nuremberg The Army Lawyer articles are indexed in the Index to Legal By Lieutenant Colonel Ryan Kerwin and 86 Peacetime Partnerships Periodicals, the Current Law Index, the Legal Resources Index, Mechthild C. Benkert in the Indo-Pacific and the Index to U.S. Government Periodicals. The Army By Captain Benjamin A. Asare Lawyer is also available in the Judge Advocate General’s Corps electronic reference library and can be accessed at https://tjaglcspublic.army.mil/tal. 34 The Spoof Is in the Evidence: Obtaining Electronic Articles may be cited as: [author’s name], [article title in italics], ARMY LAW., [date], at [first page of article], [pincite]. Records to Corroborate Text Message Screenshots By Lieutenant Colonel Eric A. Catto On the cover: U.S. and Republic of Korea Army Soldiers pose with each other’s unit patches during a patch exchange in Daegu, Republic of Korea, in March. The Soldiers were supporting a joint disinfecting operation in the midst of the COVID-19 outbreak. (Credit: SPC Hayden Hallman, 20th Public Affairs Detachment) LTG Charles Pede, The Judge Advocate General, and his British counterpart, Maj Gen Alexander Taylor, dine together at the Military Formal event during the WWCLE in September 2019. Court Is Assembled between the Army Legal Services (ALS) and the United States (U.S.) Army Judge Advocate General’s (JAG) Corps. It is a relationship which is incredibly precious Transatlantic Partnership to me; from a personal and professional perspective, indeed, returning to The Judge British Army Legal Services and the U.S. Army Judge Advocate General’s Legal Center and School, Advocate General’s Corps and Charlottesville, felt like coming home. It was only a few months ago, on the seventy-fifth anniversary of the start of Op- By Major General Alexander Taylor eration Market Garden that I was able to offer a few brief thoughts to the JAG Corps’s 2019 Worldwide Continuing Legal Education course on the question of interoperability. It is a tremendous honor to be asked to Army Legal Services, I am hugely grateful It is a principle as important and relevant pen this article for this edition of the for the opportunity to reflect upon the in the twenty-first century as it was to the Army Lawyer. As Director-General, British extraordinarily close relationship enjoyed Soldiers of the British 1st and U.S. 82d and 2 Army Lawyer • Court Is Assembled • Issue 2 • 2020 101st Airborne Divisions on the morning of 17 September 1944 as they left the Airfields of Ramsbury, Membury, and Cottesmore. It is perhaps axiomatic to suggest that coalition operations are the reality of the battlefields of the future across the globe. The principle is acknowledged in both the United Kingdom’s National Security Strategy through our approach of being “international by design” and by the United States National Defence Strategy with the importance of strengthening alliances and partnership, being one of only four lines of effort in the U.S. Army Strategy. Indeed, principles of interoperability are deeply embedded in national defence strategies of many states and remain the organising principle around. It is also the principles, on which the North Atlantic Treaty Organisa- tion (NATO) is founded, which themselves enjoyed a seventieth birthday very recently. Paratroopers from 1st Battalion, 508th Parachute Infantry Regiment conduct a training patrol alongside While, traditionally, our armies have British paratroopers of 2PARA, 16 Air Assault Brigade in Kenya. (Credit: Spc. John Lytle) thought about interoperability in technical terms, such as the ways in which our equip- initiated an ALS-JAG Corps Interopera- and JAG Corps officers can help unlock ment physically operates together, I believe bility Committee to coordinate and cohere the full potential of our armies’ combined that true interoperability depends on much our bilateral interoperability efforts. The efforts in barracks and on operations. In more. It must incorporate a true under- inaugural meeting held at the one-star level doing so, we must also be able to advise our standing of our international partners, their occurred in the resplendent surroundings commanders on both the legal limitations ethos, history, and culture. Perhaps the “why” behind the way they organise and operate. It is these so called “soft” interoper- ability considerations that are central to our My most strident hope is that we foster ability to stand shoulder-to-shoulder on the battlefield as trusted and predictable allies a culture amongst our legal officers that and partners. For legal officers, such understanding instinctively considers international should be forged by first-hand experience— whether through exercise or on operations. interoperability in all that we do The combat operations that marked the first decade of the twenty-first century offered an unparalleled opportunity for of the Naval and Military Club in St. James of coalition members and on the ways that allied legal advisors to work closely together Square, London, at the end of January. allied legal frameworks might mitigate our and to better understand the legal capabili- This will precipitate a pilot program that own legal constraints. ties and nuances that each coalition partner integrates ALS officers into U.S. exercises As I hope you will read through- brought to bear. As these operations have and JAG Corps officers into British Army out this issue, interoperability remains morphed into smaller commitments, our exercises. We are also working on an a “Golden Thread” running through all opportunities to achieve this understanding exciting proposition to expand the Military aspects of practical operational law. It is at scale have also diminished.