Special Forces' Wear of Non-Standard Uniforms*
Special Forces’ Wear of Non-Standard Uniforms* W. Hays Parks** In February 2002, newspapers in the United States and United Kingdom published complaints by some nongovernmental organizations (“NGOs”) about US and other Coalition special operations forces operating in Afghanistan in “civilian clothing.”1 The reports sparked debate within the NGO community and among military judge advocates about the legality of such actions.2 At the US Special Operations Command (“USSOCOM”) annual Legal Conference, May 13–17, 2002, the judge advocate debate became intense. While some attendees raised questions of “illegality” and the right or obligation of special operations forces to refuse an “illegal order” to wear “civilian clothing,” others urged caution.3 The discussion was unclassified, and many in the room were not * Copyright © 2003 W. Hays Parks. ** Law of War Chair, Office of General Counsel, Department of Defense; Special Assistant for Law of War Matters to The Judge Advocate General of the Army, 1979–2003; Stockton Chair of International Law, Naval War College, 1984–1985; Colonel, US Marine Corps Reserve (Retired); Adjunct Professor of International Law, Washington College of Law, American University, Washington, DC. The views expressed herein are the personal views of the author and do not necessarily reflect an official position of the Department of Defense or any other agency of the United States government. The author is indebted to Professor Jack L. Goldsmith for his advice and assistance during the research and writing of this article. 1 See, for example, Michelle Kelly and Morten Rostrup, Identify Yourselves: Coalition Soldiers in Afghanistan Are Endangering Aid Workers, Guardian (London) 19 (Feb 1, 2002).
[Show full text]