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Peacetime Espionage, International Law and the Existence of Customary Exceptions I˜Naki Navarrete† & Russell Buchan‡
\\jciprod01\productn\C\CIN\51-4\CIN403.txt unknown Seq: 1 8-APR-19 15:07 Out of the Legal Wilderness: Peacetime Espionage, International Law and the Existence of Customary Exceptions I˜naki Navarrete† & Russell Buchan‡ This Article demonstrates that peacetime espionage does not benefit from permissive customary international law exceptions. The mainstream view contends that, though peacetime espionage may contravene interna- tional law, developments in customary international law (CIL) nevertheless undercut State responsibility for such conduct. The gist of this view is that acts of espionage benefit from permissive CIL exceptions because its prac- tice is widespread and accepted within the international society. However, the mainstream literature has rarely— if ever— meaningfully engaged with the practice of espionage in an effort to tease out the objective and subjec- tive elements supportive of customary espionage exceptions. This Article closes this gap and debunks the mainstream view. We show that, although widespread, most acts of espionage are committed in secret and, as such, they cannot qualify as State practice for the purpose of CIL formation. We further demonstrate that States have failed to issue expressions of the sub- jective element in support of customary espionage exceptions. We con- clude by suggesting that, while States are entitled to develop customary espionage exceptions in the future, for now they have yet to come out of the legal wilderness. Introduction ..................................................... 898 R I. International Law and Peacetime Espionage............... 901 R A. Principle of Territorial Sovereignty ..................... 905 R B. Law of the Sea ........................................ 909 R C. Diplomatic and Consular Law ......................... 910 R II. Customary Exceptions and Peacetime Espionage ......... -
The Army Counterintelligence Program
Army Regulation 381–20 Military Intelligence The Army Counterintelligence Program Distribution Restriction Statement. This regulation contains operational information for official Government use only. Distribution is limited to U.S. Government agencies. Requests from outside the U.S. Government for release of this regulation under the Freedom of Information Act or Foreign Military Sales Program must be made to HQDA (DAMI–CIC), Washington, DC 20310–1054. Destruction Notice. Destroy by any method that will prevent disclosure of contents or reconstruction of the document. Headquarters Department of the Army Washington, DC 15 November 1993 UNCLASSIFIED SUMMARY of CHANGE AR 381–20 The Army Counterintelligence Program This revision-- o Expands investigative responsibilities to all Army counterintelligence units (CI), and specifies investigative jurisdictions (chap 2). o Establishes the CI control office system (chap 3). o Clarifies collection authority (chap 6). o Requires CI analysis and production at all levels with staff capability (chap 7). o Permanently issues badges and credentials to CI personnel serving in designated assignments (para 9-4). o Provides authority for conducting intelligence polygraphs (para 10-2). Headquarters *Army Regulation 381–20 Department of the Army Washington, DC 15 November 1993 Effective 15 December 1993 Military Intelligence The Army Counterintelligence Program regulation also applies to all Army intelli- FN 381-20l, Counterintelligence surveys gence components, other military person- and inspections n e l a n d c i v i l i a n p e r s o n n e l o f t h e F N 3 8 1 - 2 0 m , L o c a l i n t e l l i g e n c e , c o u n - Department of the Army when they en- terintelligence, and security files gage in counterintelligence activities, and F N 3 8 1 - 4 5 c , D O D - a f f i l i a t e d p e r s o n n e l members of the U.S. -
A Historical Assessment of Amphibious Operations from 1941 to the Present
CRM D0006297.A2/ Final July 2002 Charting the Pathway to OMFTS: A Historical Assessment of Amphibious Operations From 1941 to the Present Carter A. Malkasian 4825 Mark Center Drive • Alexandria, Virginia 22311-1850 Approved for distribution: July 2002 c.. Expedit'onaryyystems & Support Team Integrated Systems and Operations Division This document represents the best opinion of CNA at the time of issue. It does not necessarily represent the opinion of the Department of the Navy. Approved for Public Release; Distribution Unlimited. Specific authority: N0014-00-D-0700. For copies of this document call: CNA Document Control and Distribution Section at 703-824-2123. Copyright 0 2002 The CNA Corporation Contents Summary . 1 Introduction . 5 Methodology . 6 The U.S. Marine Corps’ new concept for forcible entry . 9 What is the purpose of amphibious warfare? . 15 Amphibious warfare and the strategic level of war . 15 Amphibious warfare and the operational level of war . 17 Historical changes in amphibious warfare . 19 Amphibious warfare in World War II . 19 The strategic environment . 19 Operational doctrine development and refinement . 21 World War II assault and area denial tactics. 26 Amphibious warfare during the Cold War . 28 Changes to the strategic context . 29 New operational approaches to amphibious warfare . 33 Cold war assault and area denial tactics . 35 Amphibious warfare, 1983–2002 . 42 Changes in the strategic, operational, and tactical context of warfare. 42 Post-cold war amphibious tactics . 44 Conclusion . 46 Key factors in the success of OMFTS. 49 Operational pause . 49 The causes of operational pause . 49 i Overcoming enemy resistance and the supply buildup. -
Amphibious Warfare: Theory and Practice* Tomoyuki Ishizu
Amphibious Warfare: Theory and Practice* Tomoyuki Ishizu Introduction In December 2013, the Government of Japan released its first “National Security Strategy” and announced the “National Defense Program Guidelines for FY 2014 and beyond.” The new Guidelines set forth the buildup of “dynamic joint defense force,” calling for a sufficient amphibious operations capability by means of amphibious vehicles and tilt-rotor aircraft, for example, to cope with potential enemy attack against any of Japan’s remote islands. This paper analyzes amphibious warfare from a historical viewpoint to show its major framework and concept. It is no wonder that the scale and form of amphibious operations may differ significantly among states depending on their national strategy, status of military power in the national strategy, military objectives, and historical or geographical conditions. The reason is that the national strategy, which is prescribed according to the national history, geography, culture and more, determines the role of the nation’s military force and way of fighting. With all these facts taken into account, this paper attempts to propose a general framework for examining amphibious warfare, especially for amphibious operations, and to sort out ideas and terms used in such operations. 1. What are Amphibious Operations? (1) The issues surrounding their definition The first issue that one inevitably encounters in examining amphibious operations is the ambiguity surrounding their definition. Without a uniform understanding of the meaning of amphibious operations and of their associated concepts and terminologies, the actual execution of operations will likely be met with difficulties. Nevertheless, a uniform understanding or a “common language” for the associated concepts and terminologies has not been arrived at, not even in the United States, which has conducted many amphibious operations. -
Jungle Operations International Course – Guidelines to Candidates
Jungle Operations International Course – Guidelines to Candidates ANNEX E – STUDENTS’S PREPARATION FOR THE DOCTRINAL INTERACTION GENERAL GUIDELINES FOR THE STUDENTS’S PREPARATION – CIOS 2018 The Doctrinal Interaction will take place on 03 (three) distinct days, and each day a specific block of issues will be dealt with in the jungle environment. During the selection process, still in the country of origin, the future student should receive, through the Military Attaché of his country, the subjects that will be addressed in the Doctrinal Interaction. Each subject contains requests with questions that must be answered and presented by the student in the Doctrinal Interaction. The requests, requisites, maps, letters and information required to resolve the requests are contained in the body of this document. Each student must answer all the questions of the requests in a single document in the ".doc" format and also in a single file in the ".ppt" format. These files must be recorded in a flash drive or CD – Rom and brought to CIGS with the student. A military from the Doctrinal and Research Division will collect the files on the first day of the Mobilization Week at CIGS. During the Doctrinal Interaction each student should present the answers to the questions as follows: - On the 1st day the student will have 30 min to present the requests 1, 2, 3 and 4. - On the 2nd day the student will have 30 min to present 5, 6, 7 and 8. - On the 3rd day the student will have 30 minutes to present the requests 9 and 10. -
Why UW: Factoring in the Decision Point for Unconventional Warfare
Calhoun: The NPS Institutional Archive Theses and Dissertations Thesis Collection 2012-12 Why UW: factoring in the decision point for unconventional warfare Agee, Ryan C. Monterey, California. Naval Postgraduate School http://hdl.handle.net/10945/27781 NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS WHY UW: FACTORING IN THE DECISION POINT FOR UNCONVENTIONAL WARFARE by Ryan C. Agee Maurice K. DuClos December 2012 Thesis Advisor: Leo Blanken Second Reader: Doowan Lee Third Reader: Randy Burkett Approved for public release; distribution is unlimited THIS PAGE INTENTIONALLY LEFT BLANK REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704–0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202–4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704–0188) Washington DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE 3. REPORT TYPE AND DATES COVERED December 2012 Master’s Thesis 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS WHY UW: FACTORING IN THE DECISION POINT FOR UNCONVENTIONAL WARFARE 6. AUTHOR(S) Ryan C. Agee, Maurice K. DuClos 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION Naval Postgraduate School REPORT NUMBER Monterey, CA 93943–5000 9. SPONSORING /MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. -
Sunset for the Royal Marines? the Royal Marines and UK Amphibious Capability
House of Commons Defence Committee Sunset for the Royal Marines? The Royal Marines and UK amphibious capability Third Report of Session 2017–19 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 30 January 2018 HC 622 Published on 4 February 2018 by authority of the House of Commons The Defence Committee The Defence Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Ministry of Defence and its associated public bodies. Current membership Rt Hon Dr Julian Lewis MP (Conservative, New Forest East) (Chair) Leo Docherty MP (Conservative, Aldershot) Martin Docherty-Hughes MP (Scottish National Party, West Dunbartonshire) Rt Hon Mark Francois MP (Conservative, Rayleigh and Wickford) Graham P Jones MP (Labour, Hyndburn) Johnny Mercer MP (Conservative, Plymouth, Moor View) Mrs Madeleine Moon MP (Labour, Bridgend) Gavin Robinson MP (Democratic Unionist Party, Belfast East) Ruth Smeeth MP (Labour, Stoke-on-Trent North) Rt Hon John Spellar MP (Labour, Warley) Phil Wilson MP (Labour, Sedgefield) Powers The committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publications Committee reports are published on the Committee’s website at www.parliament.uk/defcom and in print by Order of the House. Evidence relating to this report is published on the inquiry page of the Committee’s website. Committee staff Mark Etherton (Clerk), Dr Adam Evans (Second Clerk), Martin Chong, David Nicholas, Eleanor Scarnell, and Ian Thomson (Committee Specialists), Sarah Williams (Senior Committee Assistant), and Carolyn Bowes and Arvind Gunnoo (Committee Assistants). -
September 2020
Sentinel NEWSLETTER OF THE QUIET PROFESSIONALS SPECIAL FORCES ASSOCIATION CHAPTER 78 The LTC Frank J. Dallas Chapter VOLUME 11, ISSUE 9 • SEPTEMBER 2020 SINGLAUB — Parachuting Into Prison: Special Ops In China El Salvador: Reconciliation Old Enemies Make Friends From the Editor VOLUME 11, ISSUE 9 • SEPTEMBER 2020 Three Stories IN THIS ISSUE: In 1965, in Oklahoma City, I caught a burglar President’s Page .............................................................. 1 coming through a back window in my home. When I entered the room he ran off. I had US ARMY SPECIAL EL SALVADOR: Reconciliation OPS COMMAND a Colt Commander .45, and thought if this Old Enemies Make Friends .............................................. 2 happened again I might need it. But I didn’t know what the local ground rules were. Not SINGLAUB: Parachuting Into Prison: wanting to pay a lawyer to find out, I called Special Ops in China ....................................................... 4 Jim Morris US ARMY the desk sergeant at the OCPD. This was his JFK SWCS Sentinel Editor Book Review: Three Great Books In One Review ........... 8 advice to me. “Wull, sir, don’t shoot ‘im until he’s fer enough in the winder that he August 2020 Chapter Meeting ....................................... 10 will fall inside the house. Now, if he don’t fall inside the house, poosh 1ST SF COMMAND him through the winder before you call the officers. But if you cain’t FRONT COVER: Medal of Honor recipient Staff Sgt. Ronald get him through the winder the officers will poosh him through fer J. Shurer poses with his weapon in Gardez, Afghanistan, you before they start their investigation.” August 2006. -
Measuring the Effectiveness of Special Operations for More Information on This Publication, Visit
C O R P O R A T I O N LINDA ROBINSON, DANIEL EGEL, RYAN ANDREW BROWN Measuring the Effectiveness of Special Operations For more information on this publication, visit www.rand.org/t/RR2504 Library of Congress Cataloging-in-Publication Data is available for this publication. ISBN: 978-1-9774-0174-8 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2019 RAND Corporation R® is a registered trademark. Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface This report documents research and analysis conducted as part of a project entitled Special Operations Forces (SOF) Measures of Effec- tiveness, sponsored by U.S. Army Special Operations Command. -
Fall 04-1.Qxd
Volume 4, Edition 4 Fall 2004 A Peer Reviewed Journal for SOF Medical Professionals Dedicated to the Indomitable Spirit & Sacrifices of the SOF Medic “That others may live.” Pararescuemen jump from a C-130 for a High Altitude Low Opening (HALO) free fall drop from 12,999 feet at an undisclosed location, in support of Operation Enduring Freedom. Official Photo by: SSgt Jeremy Lock. From the Editor The Journal of Special Operations Medicine is an authorized official quarterly publication of the United States Special Operations Command, MacDill Air Force Base, Florida. It is not a product of the Special Operations Medical Association (SOMA). Our mission is to promote the professional development of Special Operations medical personnel by providing a forum for the exam- ination of the latest advancements in medicine. Disclosure: The views contained herein are those of the authors and do not necessarily reflect official Department of Defense posi- tion. The United States Special Operations Command and the Journal of Special Operations Medicine do not hold themselves respon- sible for statements or products discussed in the articles. Unless so stated, material in the JSOM does not reflect the endorsement, official attitude, or position of the USSOCOM-SG or of the Editorial Board. Articles, photos, artwork, and letters are invited, as are comments and criticism, and should be addressed to Editor, Journal of Special Operations Medicine, USSOCOM, SOC-SG, 7701 Tampa Point Blvd., MacDill AFB, FL 33621-5323. Telephone: DSN 299- 5442, commercial: (813) 828-5442, fax: -2568; e-mail [email protected]. All scientific articles are peer-reviewed prior to publication. -
Marine Corps Advanced Reconnaissance Vehicle (ARV)
Updated June 10, 2021 Marine Corps Advanced Reconnaissance Vehicle (ARV) What Is the Advanced Reconnaissance anti-armor capability to defeat close-in heavy armor Vehicle (ARV)? threats; According to the Marine Corps, the Advanced Reconnaissance Vehicle (ARV) aims to be a new armored precision-guided munitions (PGMs) to defeat threats vehicle family to replace the Light Armored Vehicle (LAV) beyond the engagement range of threat systems; (Figure 1): Since the 1980s, the Light Armored Vehicle (LAV) unmanned systems swarm capability to provide persistent, multifunction munitions; has supported Marine Air-Ground Task Force missions on the battlefield. While the LAV remains advanced, networked, multifunctional electronic warfare operationally effective, the life cycle of this system (EW ) capabilities; is set to expire in the mid-2030s…. The Advanced Reconnaissance Vehicle (ARV) [the LAV’s a modern command-and-control suite and a full range of replacement] will be highly mobile, networked, sensors to enhance and extend reconnaissance and transportable, protected, and lethal. The capability surveillance ranges; will provide, sensors, communication systems and lethality options to overmatch threats that have organic unmanned aerial and ground systems historically been addressed with more heavily (UAS/UGS) that can be deployed from the ARV; armored systems. The ARV will be an advanced combat vehicle system, capable of fighting for active and passive vehicle protection capabilities to information that balances competing capability sense, orient, classify, track, and defeat incoming demands to sense, shoot, move, communicate and rocket-propelled grenades (RPGs), anti-tank guided remain transportable as part of the naval missiles (ATGMs), and PGM threats with hard-and soft- expeditionary force. -
Ausa Background Brief (
AUSA BACKGROUND BRIEF ( No. 42 April 1992 SPECIAL OPERATIONS FORCES: A PRIMER Introduction A small but critical portion of the Total Force is made up of the special operations forces (SOF) of the Army, Navy and Air Force, which are comprised of special operations, psychological operations and civil affairs organizations. Special operations forces are task organized to conduct contingency operations. Special operations forces are designed to augment theater-based forces and, in response to a crisis situation, normally operate with an appropriate mix of conventional forces under theater control. ( Almost all SOF missions require joint planning; also, they are used for missions with allied or coalition forces as well as for a number of ongoing ground missions in many countries. U.S. Special Operations Command The joint nature ofSOF operations was recognized in the establishment of a permanent unified command, the U.S. Special Operations Command (USSOCOM). The USSOCOM commander-in chief commands all active and reserve Special Operations, Psychological Operations and Civil Affairs forces of the Army, Navy and Air Force (about 47,000 personnel). USSOCOM supports other unified commands responsible for crisis responses in their respective geographic areas of responsibility. The U.S. Special Operations Command is composed of four subordinate commands: U.S. Army Special Operations Command, Naval Special Warfare Command, Air Force Special Opera tions Command and Joint Special Operations Command. U.S. Army Special Operations Command (USASOC), headquartered at Fort Bragg, North Carolina, is composed of active component and reserve component Army forces consisting of Special Forces groups, a Ranger regiment, Psychological Operations groups, a Special Operations Aviation regiment, Civil Affairs commands, and special operations signal and support units.