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The Army Lawyer (Dec Headquarters, Department of the Army Department of the Army Pamphlet 27-50-241 December 1992 Table of Contents Memorandum of Law TheLegalityofSnipers ........................................................................................................................................................ ...-._...................................... 3 Articles Recent Property Settlement Issues for Lgal Assistance Attorneys ....................................... ............................................................................................. 4 Caplain Alliron A. Polchek Solid Waste Collectionand Removal: A Messy Situation ........................ .......................................................................................................................... 12 Capfain David W.LaCroir, USAR USALSA Report ............................................................................................................................................................................................................ 22 Uniled Stales Amy Legal ServicesAgency The Advocate for MilitaryDefense Counsel DAD Note ....................................................................................................................................................................................................................... 22 UCMJ Anide 121: Friendly Bornwing Can Evolve into Criminal Taking Clerk of Court Notes ....................................................................................................................................................................................................... 24 Court-Martial Processing Times; Posttrial hssing Times Increase lhirty-Seven Percent in Two Years; Help for the Military Justice Section TJAGSA Practice Notes .............................................................................................................................................................................................. 25 Fad@,The Jdge Advocafe General's School . Criminal Law Note .................................................................................................................................... ................................. I........... 25 Military Coun Rejects "Usable Quantity"Rquirement # I Contract Law Note .............................................................. ........................ ..................... ............................... I........ ..."..................:.................._..I..... 26 GSBCA Adopts GAO Review Factors for "InSoope"Modifications hernational LawNo~e......-....!.....-................................ -.................................................................................................................................................... 28 The Role of the Militaryin be , r*".\ Legal Assis!ance Itms .......................................................................................................................................................................................................29 i Tax Notes (Electronic Filing of Tnx Returns; Mortgage Interest Deduction Law Note (Adoption Reimbursement Update); Consumer Law Note (BillwrtchSenate Bill 316: Garnishment of Federal Mvor Benefits Note (Survivor Benefits: Recent S~tutoryChanges) ........... .",I . Claims RepDrf ................................................................................................................................................................................................................... 33 i UnitedSutes Army ClakService Household Goods Recovery Notes (Digests dRecent Canpder Gend.nd GAO Dedrions; Diguu of Dedrions) - Labor and Employment Law Notes .......................................................................................................................................................... ., .".. I .. , , ,. OTJAG bbor o~Emp1qmniLivofue - Labor Relations Notes (Hcane AddresHes-FPM Letter 711-164, Sexual Preference Protection Negotiable; Retroactive Applicsh Qlloctive Bargaining Ag&ent Revisions fs,,Negotiable);Equd Employment opportunity Notes (Niith Circuit Applies Civil Righu Aa , . of 1991 Retroactively; bss of Security Clearance Because of Alcohol and Drug Abuse Does Not RqukTransfer as a Reasonable Accgnmodation); Civilian Personnel Law Nctu (Deduction of OuLtide Eamings Ia A Failure to Comply with m Interim Relicf orda, Aaorncyr' Fees: Mitigation Ian't Always Winningl); Practice Pointer (Gm ule Employees Arc NOT Eligible for En ' . and Training Office Note ....................................... ................."i" .-....."-...-......i........... ............ ' .Pusomel, Plans, und Training Ofice, OTJAG, ., ..\, . i. 1 ., The Amy Management Staff College Professional Responsibility Notes ........... ."...i:." ........:......................... :.... ......................................... 41 OTJAG Slondardr OfConduct Ome Elhical Awareness; Case Summq. Avoiding ti4.s'Alku:he Existence of a La Regimental News From the Desk of the Sergeant Major ....... .......................................... Sergeow Major John A. Nico(ai, , !> Placement service , ' I, . .h 'theField .......................... .................................... ....................... ...................44 . The Effects of Foreign Military Service OII United States Citizenship: A Response to Assirling Soldiers in Immigrufion Mutters; The Second Annual Robinson 0. Evem,Award . 1' CLE News ........................................................................ ............................................... 47 Current Material of Interest ............................................... ............................................ 49 The Army Lawyer-Indexes for 1992 Subject Index .................................................................................. ............................................ 55 Author Index ......................................................................................................................................................................................................................... 60 Index of Legal Assistana 1-r .................................................................................................................................................................... Index-Policy Leaa from 'Ihe Judge Advocate General ............................................................................................................................. .......... ,­ Index-The Judge Advocate Gened'1 Opinion ..................... ........... ;..................................................................................................... A. .. ,(I * I . ... .............. ........ .............. , t , . 1 c I , ' . ........................ ................... I . ,, I ., ..,,.,. .......................".,. .. ' :, .. The Army Lawyer (ISSN 0364-1287) Editor 1 Captain Benjamin T. Kash ...................................... .... ........ ...... The Army Lawyer is published monthly by The Judge Advocate The Army Lawyer articles are indexed in the'hder io Legal General's School for the official use of &my lawyers in the paformance , Periodicals, tk Current Lav Index, the kgdResources Inder, and the of their legal responsibilities. The opinions expressed by the authors in Index io US. Government Periodid? the articles, however, do not reflect the view of The Judge necessarily Individual paid subscriptions are available Advocate General or the Department of the Army. Masculine or , . of D ~U. vemment~ Mndng~ ~ ~ ~ ~ , feminine pronouns appearing in this pamphlet refer to both genders 20402. ,' I unless the contextindicates another use. ewe Unit Menrberr: Provide changes to your The mer On topics of unit for SIDPERSUSARmq.IRR, IMA, OrAGR: provide chmgw to lawyers. Articles should be typed double-spaced and submitted to: manager at ~~CEN.nrUh,,,,l ud~~d~~D~.. EdimDThe Lawyer, The Judge Advocate General's Provide changes to the Editor, The Army Lowyer; TJAGSA, - Amy. Charlottesville, YTginia 23903-1781. Footnotes, if included, Charlottesville,vA 22903-1781. should be typed doublespaced on ' te sheet'Articles alsd Vhould be submitted on floppy disks, odd ither Enable,' Issues may be cited as ARMYLAW., [date]. at [pagenum Wordperfect, Multimate. DCA RFI', or ASCII format Articles should Second-class postage paid at Charlottesville. VA and additional follow A Unvorm Sysfem of Citafion (15th ed. 1991) and Military mailing offices. POEXMASTER: Send address changes to The Judge Cilafion (I'JAGSA. July 1992). Manuscripts will be returned only up Advocate General's School, U.S. Army, Attn: JAGS-DDL. specific request No compensation can be paid for articles. Charlomsville. VA 22903-1781. Memorandum of Law- The Legality of Snipers r” Rg &~Wldb?l 1863), also known as the Lieber C t the Army’s use of that remains the law of war today: “Military snipers in combat might violate the la its of all direct destruction of life or limb of ....” This statement does not limit lawful I attacks to persons armed at the moment of the attack, but neralAinternational . includes all hrsons who are combatants. snipers in combat, ’ 5. A sniper’s ability to engage enemy targets at longer ranges than an ‘averagerifleman does not have any bearing on the ion. Enemy combatants are lawful er they may be located, regardless violate the law of war. of the activity in which they are engaged when they are attacked. See, for example, Army Field Manual 27-10, The DATA-IO 29 September 1992 Law of M WMare (1956). In discussing the prohibition
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