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JP 1-04 Legal Support to Military Operations Joint Publication 1-04 Legal Support to Military Operations 01 March 2007 PREFACE 1. Scope This publication provides doctrine for the planning, training, and execution of legal support to joint military operations. 2. Purpose This publication has been prepared under the direction of the Chairman of the Joint Chiefs of Staff, and has been reviewed favorably by the General Counsel of the Department of Defense as the Chief Legal Officer of the Department. It sets forth joint doctrine to guide the activities and performance of the Armed Forces of the United States in operations and provides the doctrinal basis for interagency coordination and for US military involvement in multinational operations. It provides military guidance for the exercise of authority by combatant commanders and other joint force commanders (JFCs) and prescribes joint doctrine for operations and training. It provides military guidance for use by the Armed Forces in preparing their appropriate plans. It is not the intent of this publication to restrict the authority of the JFC in organizing the force and executing the mission in a manner the JFC deems most appropriate to ensure unity of effort in the accomplishment of the overall objective. 3. Application a. Joint doctrine established in this publication applies to the commanders of combatant commands, subunified commands, joint task forces, subordinate components of these commands, and the Services. b. The guidance in this publication is authoritative; as such, this doctrine will be followed except when, in the judgment of the commander, exceptional circumstances dictate otherwise. If conflicts arise between the contents of this publication and the contents of Service publications, this publication will take precedence unless the Chairman of the Joint Chiefs of Staff, normally in coordination with the other members of the Joint Chiefs of Staff, has provided more current and specific guidance. Commanders of forces operating as part of a multinational (alliance or coalition) military command should follow multinational doctrine and procedures approved by the United States. For doctrine and procedures not approved by the United States, commanders should evaluate and follow the multinational command’s doctrine and procedures, where applicable and consistent with US law, regulations, and doctrine. For the Chairman of the Joint Chiefs of Staff: WALTER L. SHARP Lieutenant General, USA Director, Joint Staff i Preface Intentionally Blank ii JP 1-04 TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY .................................................................................................. v CHAPTER I LEGAL ORGANIZATIONS, MISSIONS, AND FUNCTION • Introduction .................................................................................................................... I-1 • General Counsel of the Department of Defense ................................................................ I-1 • General Counsel of Combat Support Agencies ................................................................. I-3 • Legal Counsel, Office of the Chairman of the Joint Chiefs of Staff ..................................... I-5 • Military Departments ....................................................................................................... I-5 • Joint Force Staff Judge Advocate .................................................................................... I-8 CHAPTER II LEGAL SUPPORT TO JOINT OPERATION PLANNING • Introduction ................................................................................................................... II-1 • Legal Support to Strategic Level Planning ....................................................................... II-1 • Legal Support to Operational Level Planning ................................................................... II-8 CHAPTER III LEGAL SUPPORT TO THE JOINT TASK FORCE • Introduction .................................................................................................................. III-1 • Legal Support in the Joint Task Force Battle Rhythm ...................................................... III-2 • Forming the Joint Task Force Staff Judge Advocate Section ........................................... III-6 • Joint Task Force Staff Judge Advocate Manning ............................................................ III-7 • Joint Staff Judge Advocate Training .............................................................................. III-11 • Equipping the Joint Task Force Staff Judge Advocate................................................... III-14 • Deployment ................................................................................................................ III-15 • Employment ................................................................................................................ III-16 • Transition .................................................................................................................... III-18 • Redeployment ............................................................................................................. III-18 • Lessons Learned ......................................................................................................... III-19 APPENDIX A Notional Staff Judge Advocate Section Equipment/Capabilities List ................................ A-1 B References .................................................................................................................... B-1 C Administrative Instructions ............................................................................................. C-1 iii Table of Contents GLOSSARY Part I Abbreviations and Acronyms ................................................................................. GL-1 Part II Terms and Definitions ........................................................................................... GL-4 FIGURE I-1 Notional Relationships of Department of Defense Legal Organizations to Levels of War ........................................................................................................ I-2 I-2 Joint Force Staff Organization ................................................................................ I-9 I-3 Joint Force Staff Judge Advocate’s Duties and Responsibilities ............................. I-12 II-1 National Security Council System Duties and Responsibilities ................................. II-2 II-2 Planning, Programming, Budgeting, and Execution Duties and Responsibilities .................................................................................................... II-3 II-3 Joint Strategic Planning System Duties and Responsibilities .................................... II-4 II-4 Joint Operation Planning and Execution System Contingency Planning Duties and Responsibilities .................................................................................... II-5 II-5 Joint Operation Planning and Execution System Crisis Action Planning Duties and Responsibilities .................................................................................... II-7 II-6 Mission Analysis ................................................................................................. II-10 II-7 Course of Action Development ........................................................................... II-11 II-8 Course of Action Analysis (War Gaming)/Comparison/Selection .......................... II-13 II-9 Prepare Operation Order and Time-Phased Force and Deployment Data/ Issue Synchronized Operation Order ................................................................... II-14 III-1 Linear Depiction of Joint Task Force Life Cycle ................................................... III-1 III-2 Joint Task Force Life Cycle Reality ...................................................................... III-2 III-3 Notional Joint Task Force Boards, Centers, Cells, and Working Groups ............... III-4 III-4 Notional Joint Task Force Staff Judge Advocate Section ...................................... III-9 III-5 Notional Joint Judge Advocate Crisis Action Response Cell ................................ III-10 III-6 Skills Sets for the Joint Task Force Judge Advocate ........................................... III-12 III-7 Competencies for Joint Task Force Staff Judge Advocate Section Members .............................................................................................. III-13 iv JP 1-04 EXECUTIVE SUMMARY COMMANDER’S OVERVIEW • Describes the Missions and Functions of Legal Organizations Within the Department of Defense (DOD) • Discusses the Legal Community’s Joint Strategic and Operational Planning Responsibilities • Describes the Joint Task Force Staff Judge Advocate’s Manning, Training, and Equipping Requirements and Responsibilities Overview Modern military In the contemporary operating environment, the joint force staff judge operations take place in advocate (SJA) provides the full spectrum of legal support through an increasingly complex direct and reach-back capability to joint operations across the range geopolitical environment of military operations. A key member of the joint force commander’s where integrated legal (JFC) personal staff, the joint force SJA is an essential adviser support is required at all on a myriad of legal issues associated with combat and levels of joint forces. noncombat operations. The joint force SJA seeks guidance from and coordinates with higher echelon command SJAs, and guides, coordinates, and integrates the actions of
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