Legal Support to Operations

HEADQUARTERS, DEPARTMENT OF THE ARMY

DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. This publication is available on the General Dennis J. Reimer Training And Doctrine Digital Library at www.adtdI.army.mil *FM 27-100 1 March 2000

Legal Support to Operations

HEADQUARTERS, DEPARTMENT OF THE ARMY

DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited.

*This publication supersedes FM 27-100,3 September 1991. Table of Contents

PREFACE...... v . . INTRODUCTION ...... vii Chapter 1 Role of the Judge Advocate ...... 1.1 1.1 THE JUDGE ADVOCATE GENERAL'S CORPS MISSION ...... 1. 1 1.2 PERFORMING TRADITIONAL ROLES ...... 1.1 1.2.1 Mission...... 1-2 1.2.2' Service...... 1-2 1.2.3 Legitimacy...... 1-2 1.2.4 The Military General Practitioner ...... 1-3 1.2.5 The "Judge" Function ...... 1-4 1.2.6 The "Advocate" Function ...... 1-5 1.2.7 The "Ethical Adviser" Function ...... 1-5 1.2.8 The "Counselor" Function ...... 1-5 1.3 IN A CHALLENGING NEW ENVIRONMENT ...... 1-6 1.3.1 More Missions ...... 1-6 1.3.2 Command and Control Relationships ...... 1-7 1.3.3 International Operations ...... 1-7 1.3.4 Fluid Operations ...... 1-7 1.3.5 Technological Advancements ...... 1-8 1.4 CHALLENGES FOR JUDGE ADVOCATES IN THE 21ST CENTURY ...... 1-8 1.4.1 Mission...... 1-8 1.4.2 Service...... 1-9 1.4.3 Legitimacy...... i...... 1-10 1.5 SUMMARY...... 1-10 Chapter 2 Organization to Support Army Operations ...... 2-1 2.1 JUDGE ADVOCATE ORGANIZATIONS ...... -2-1 2.1.1 Office of The Judge Advocate General ...... -2-1 2.1.2 Field Operating Agencies ...... -2-3 2.1.3 The U.S. Army Legal Services Agency ...... -2-3 2.1.4 The Judge Advocate General' s School, U.S .Army ...... -2-5 2.1.5 Army National Guard Legal Organizations ...... 2-6 2.1.6 U.S. Army Reserve Legal Organizations ...... 2-7 2.1.7 Staff Judge Advocate Offices ...... 2-10 2.1 .8 Command Judge Advocates ...... -2-14 2.2 JOINT LEGAL ORGANIZATIONS ...... -2-14 2.2.1 The Office of the Legal Counsel to the Chairman, Joint Chiefs of Staff ..2.15 2.2.2 Unified, Specified, and Subordinate Unified Command Staff Judge Advocates ...... 2-15 2.2.3 Joint Task Force Staff Judge Advocate ...... -2-15 2.3 MULTINATIONAL FORCE LEGAL ORGANIZATIONS ...... 2. 15 2.4 PROVIDING .ARMYLEGAL SUPPORT FOR OPERATIONS ...... 2. 16 2.4.1 Overview of Operational Law Support...... 2-16 2.4.2 Tailoring Operational Law Support...... 2-19

5.3.1 Command & Control. Sustainrnent. Personnel Service Support ...... 5-4 5.3.2 Command and Control (C2)...... -5-4 5.3.3 Sustainrnent...... 5-5 5.3.4 Personnel Service Support ...... -5-6 5.4 THE CORE LEGAL DISCIPLINES IN WAR ...... 5-7 ,5.4.1 Administrative Law ...... -5-8 . 5.4.2 Claims ...... *...*..*.....*...5-8... 5.4.3 Civil Law ...... 5-8 5.4.4 Military Justice ...... 5-8 5.4.5 International Law ...... 5-8 5.4.6 Legal Assistance ...... 5-9 5.5 ORGANEATION FOR WAR ...... -5-9 5.5.1 Theater Legal Structure ...... 5-9 5.5.2 Army Service Component Command ...... 5-9 5.5.3 Command Posts ...... 5-10 5.5.4 Judge Advocate Disposition ...... 5-11 5.5.5 Brigade Command and Control Facilities ...... 5-22 5-6 MATERIEL IN WAR ...... -5-24 5.7 TRAINING FOR WAR ...... 5-25 Chapter 6 Legal Support to Military Operations Other Than War ...... 6-1 6.1 INTRODUCTION...... -6-2 6.2 STRATEGIC CONCEPT ...... -6-3 6.3 THEATER CONCEPT ...... -6-3 6.3.1 Political Objectives ...... 6-4 6.3.2 Legal Complexity ...... -6-4 6.3.3 Mission Complexity ...... -6-4 6.3.4 Command and Control ...... -6-4 6.3.5 Interagency Coordination ...... -6-5 6.4 THE ARMY'S ROLE IN MOOTW ...... 6-5 6.4.1 Arms Control...... :...... 6-6 6.4.2 Combating Terrorism ...... -6-6 6.4.3 Counter-Drug Operations ...... -6-6 6.4.4 Enforcement of Sanctions and Exclusion Zones ...... 6-6 6.4.5 Humanitarian Assistance ...... -6-7 6.4.6 Nation Assistance ...... 6-7 6.4.7 Noncombatant Evacuation Operations ...... 6-7 6.4.8 Peace Operations ...... 6.7 6.4.9 Recovery Operations ...... 6-8 6.4.10 Show of Force Operations ...... 6-8 6.4.1 1 Strikes and Raids ...... 6-8 6.4.12 Support to Insurgencies ...... 6-9 6.4.13 Operations Under Armistice Conditions...... 6-9 6.5 ORGANEATION OF MGAL SUPPORT ...... 6-9 6.6 LEGAL ASPECTS OF C2. SUSTAINIVENT. AND SUPPORT OPS ...... 6-9 6.6.1 Legal Basis for the Operation ...... 6-10 6.6.2 Status of Forces ...... 6-10 6.6.3 International& Interagency Relationships ...... 6-11 6.6.4 Use of Force & Rules of Engagement (ROE) ...... 6-11 6.6.5 Treatment of Civilians...... -6-12 6.6.6 Fiscal Responsibility ...... 6-13 6.6.7 Intelligence Oversight ...... -6-14 6.7 LEGAL TRAINING REQUIREMENTS...... -6-14 6.8 LEGAL EQUIPMENT REQUIREMENTS...... -6-15 6.9 SUMMARY...... 6-15 Chapter 7 The United States as a Theater ...... 7-1 7.1 INTRODUCTION...... 7-1 7.2 Organizing. and Equipping Judge Advocates ...... 7-2 7.3 Tramng. Judge Advocates...... 7-2 7.4 Military Support to Civil Authorities ...... 7-3 7.4.1 General ...... 7-3 7.4.2 Authorization for Military Support ...... 7-3 7.4.3 Lead Agency Concept and Role of Military ...... 7-4 7.4.4 Rules for Use of Force ...... 7-5 7.5 Military Support to Law Enforcement ...... 7-6 7.5.1 Civil Disturbance Operations ...... 7-6 7.5.2 Counter-Drug Operations ...... -7-9 7.6 Emerging Threats in the Continental United States (Terrorism) ...... 7-12 Chapter 8 Rules of Engagement ...... 8-1 8.1 INTRODUCTION...... 8-2 8.2 ROE DEVELOPMENT CONSIDERATIONS ...... 8-2 8.2.1 Commander's Responsibility ...... 8-2 8.2.2 Purposes of ROE ...... 8-2 8.2.3 Drafting Considerations ...... 8-3 8.2.4 Situation Considerations - METT-TC ...... 8-4 8.2.5 Definitions and Key Concepts ...... 8-5 8.2.6 Types of ROE ...... 8.6 8.3 CJCS Standing ROE ...... 8-7 8.4 THE I-D-D-T METHODOLOGY ...... 8-9 8.4.1 Interpret...... 8-9 8.4.2 Draft ...... 8-10 8.4.3 Disseminate...... 8-13 8.4.4 Train...... 8-13 GLOSSARY REFERENCES INDEX ENDNOTES Preface

Legal support to operations encompasses all legal services provided by Judge Advocate General's Corps (JAGC) personnel in support of commanders, units, and soldiers throughout an area of operation and across the spectrum of operations. This support includes Operational Law and the six Core Legal Disciplines, which support command and control, sustainment, and personnel service support. Legal support to operations promotes the operational mission, provides quality legal services. and preserves the legitimacy of operations.

Field Manual 27-100, Legal Support to Operations, is the Army's capstone legal doctrinal manual. It describes the missions and operations of JAGC organizations, units, and personnel supporting Army operations. Legal support to operations must be thoroughly integrated into all aspects of operations to ensure compliance with law and policy and to provide responsive, quality legal services. This manual does not provide comprehensive treatment of the Law of War or Geneva Conventions. For information on these topics, refer to Field Manual 27-10, The Law of Land Warfare.

The purpose of this manual is to provide authoritative doctrine and guidance on all legal support to Army operations. It also provides the basis for legal training, organizational, and materiel development. It contains guidance for commanders, Staff Judge Advocates, staffs, and other JAGC personnel. It implements relevant Joint and Army doctrine, incorporates lessons learned from recent operations, and conforms to Army keystone doctrine.

The proponent of this publication is The Judge Advocate General's School, U.S. Army. Send comments and recommendations on DA Form 2028 to Commandant, The Judge Advocate General's School, U.S. Army, ATTN: JAGS-CDD, Charlottesville, Virginia 22903-178 1.

Unless otherwise stated, specific gender pronouns include men and women. Introduction

Mission of The Judge Advocate General's Corps and Purpose of FM 27-100

The mission of judge advocates and supporting legal personnel is to provide professional legal services at all echelons of command throughout the range of military operations.' The purpose of Field Manual (FM) 27-100 is to describe how the Judge Advocate General's Corps (JAGC) will provide legal support to operations and how commanders should integrate legal support in operationai planning and training.

Legal Support to Operations and Functional Areas

Legal support to operations encompasses all legal services provided by judge advocates and other legal personnel in support of units, commanders, and soldiers throughout an area of operations and across the spectrum of operations. Legal support to operations falls into three functional areas: command and control, sustainment, and personnel service support (or support for short). The following are illustrative examples of the types of legal support within these functional areas. Command and control functions include advice to commanders, staffs, and soldiers on the legal aspects of command ' authority, command discipline, the application of force, and the Law of War (Low). Some examples of judge advocates' command and control responsibilities are interpreting, drafting, and training commanders, staffs, and soldiers on rules of engagement; participating in targeting cells; participating in the military decision-making process; participating in information operations; applying the LOW; and advising commanders on policies prescribing soldier conduct and ensuring discipline (e.g., jurisdictional alignment, convening authority structure, and authority to issue General Orders). Generally, issues directly affecting the commander's operational decision-making process on the battlefield fall within command and control functions. Sustainrnent functions include negotiation of acquisition and cross-servicing agreements and status of forces agreements (SOFAS), combat contingency contracting, fiscal law, processing claims arising in an operational environment, and environmental law. Personnel service support functions include soldier discipline advocacy services (courts-martial, nonjudicial punishment, and other routine matters in the administration of military justice), legal assistance services, and basic soldier-related claims issues.

Operational Law

Operational Law is that body of domestic, foreign, and international law that directly affects the conduct of operations. The practice of Operational Law consists of legal services that directly affect the command and control and sustainment of an operation. Thus, Operational Law consists of the command and control and sustainment functions of legal support to operations. Support functions are an integral part of legal support to operations; however, they are treated separately from this discussion of Operational Law.

vii Core Legal Disciplines

The six core legal disciplines are administrative law, civil law (including contract, fiscal, and environmental law), claims, international law, legal assistance, and military justice. Functional areas of legal support to operations contain some core legal disciplines in their entirety, and cut across others. For example, foreign claims are a sustainment function, while personnel claims are a personnel service support function. Functional areas of legal support are intended to describe better what combat (operational) functions are supported by particular legal services. While some traditional judge advocate functions are associated with Combat Service Support (CSS), legal support to operations goes beyond traditional CSS functions, and often impacts substantially on a commander's command, control, and sustainment of an operation. Further, providing critical legal support requires the presence of judge advocates and other legal personnel far forward and in key operational headquarters, centers, and cells.

Doctrine to Train and Operate

The United States Army is doctrine-based, and FM 27-100 contains the doctrine for legal support to operations. Doctrine within the military profession is the authoritative guide to how forces fight wars and conduct operations.' Doctrine builds on collective knowledge. It reflects wisdom that has been gained in past operations. It incorporates informed reasoning about how new technologies may best be used and new threats may best be re~isted.~Doctrine, in this and other field manuals, records a shared and reasoned vision that can serve as the basis for planning operations, organizing and structuring forces, training soldiers and units, leading, developing tactics, and procuring weapons and equipment. The military professional who studies doctrine knows the principles that officially guide these essential functions of United States forces: doctrine, training, leadership, organization, materiel, and soldiers (DTLOMS).

Effective doctrine is not dogma. It is not doctrinaire. It is not static. Effective doctrine is dynamic, adapting to changes on the battlefield and in the world. It is also balanced, reconciling the need for precision to achieve unity of effort with the need for flexibility to achieve decentralized appli~ation.~

FM 27-100 links JAGC roles and missions to current Army keystone doctrine, recorded in FM 100-5, Operations, and to developing doctrine. FM 100-5 and developing doctrine, in turn, link the Army's roles and missions to the National Military Strategy and the National SecuriQ Strategy. Developing doctrine takes the force projection concept enunciated in the 1993 FM 100-5 to a new level with the concept of strategic preclusion-moving so fast (strategic maneuver), with such lethality (strategic fires), that enemies cannot set forces and operate at an ad~antage.~This requires the ability to project fighting forces into more than one theater and to sustain those forces from support and staging bases that may or may not be in close proximity to the supported forces. Changes in the strategic situation since the end of the Cold War, and the development of the Force XXI Army, require a new model of legal support to operations. Past doctrine must change to meet the demands of the significant increase in the number and types of Army missions, joint and combined operations, fluid operations, complex command and control relationships, and technological advancements. Thus, in addition to implementing FM 100-5 and national strategic documents, this manual implements or considers applicable portions of several joint doctrinal manuals, as well as FM 100-6, Information Operations; FM 100-7, Decisive Force: The Amy in Theater Operations; FM 100-11, Force Integration; FM 100-15, Corps Operations; FM 100-16, Amy Operational Support; FM 100-17, Mobilization, Deployment, Redeploymen!, Demobilization; FM 100-19, Domestic Support Operations; FM 100-20, Military Operations in Low Intensity Conflict; FM 100-23, Peace Operations; FM 100-25, Doctrine for AmySpecial Operations Forces; and other current Army manuals.

Judge advocates must be trained and prepared to operate independently across the spectrum of core legal disciplines and the spectrum of conflict, standing by the commander's side. To succeed in today's operational environment, judge advocates must be master general practitioners; effective in their roles as lawyer, ethical advisor, and counselor; increasingly knowledgeable as soldiers and lawyers; constantly aware of the operational situation; and proactively working to promote the mission, serve Army personnel and their families, and enhance the legitimacy of Army operations. Doctrine in this manual reflects that judge advocates are increasingly operating individually, or in smaller teams, in order to better support split-based operations and the specialized operational cells and headquarters required to run mobile, tailored forces.

Supporting legal personnel (warrant officers, noncommissioned officers, and enlisted soldiers) must be proficient in battle-staff and legal tasks, and managing a legal office in the field. Legal specialists (enlisted soldiers and noncommissioned officers with military occupational specialty 71D) must spot potential legal issues and raise them for resolution. Legal specialists must operate under JA supervision across the range of core legal disciplines and the spectrum of conflict. Noncommissioned officers (NCOs) must also perform traditional functions-training and taking care of troops. In addition to legal, staff, and office skills, all JAGC personnel must train to proficiency in soldier common tasks.

Accordingly, commanders, with the Staff Judge Advocate, are responsible for training and supporting judge advocates and their subordinates to ensure robust legal support to operations. Training must be conducted according to the Army's training principles, such as those found in FM 25-100, Training The Force, and FM 25-101, Battle Focused Training. Staff Judge Advocates must develop a training plan and Mission Essential Task Lists (METL), to include establishing conditions and standards, training objectives, and selection of battle tasks. The training plan must include training that integrates and trains JA personnel with the units they support in a variety of environments, settings, and exercises. Without active training, judge advocate personnel will not develop the soldier and lawyer skills needed to provide legal support to operations.

Operational law training and practice in all components must reflect that military operations are inevitably joint and increasingly combined. Army National Guard legal support is embedded in National Guard organizations, including the National Guard Bureau, State Area Commands, and subordinate guard units. U.S. Army Reserve legal support is embedded in Reserve units, such as the U.S. Army Reserve Command, and contained in Judge Advocate General Service Organizations (JAGSO). The recent advent of Active Component-Reserve Component (AC-RC) Divisions, with their teaming and training associations, dissolves some of these historical boundaries, meshing active and reserve component soldiers into a standing division headquarters with subordinate National Guard enhanced brigades.

Finally, the modern training and practice of operational law must recognize that digital and information technologies have profoundly altered the pace of operations and the manner in which judge advocates locate legal authority and introduce legal considerations into the conduct of military operations. The materiel required to provide legal support to operations derives from the three functional areas-command and control, sustainment, and personnel service support. A judge advocate must be able to shoot, move, communicate, and research on the battlefield. Thus, judge advocates must have vehicles, sophisticated automation equipment-to include the Rucksack Deployable Law Office and Library (RDL), communications equipment, and access to key communications modes, nodes, and nets. Current operations are more legally intense than ever before. They involve vast numbers of government, non-government, and private organizations. The judge advocate's ability to reach back through technical channels for research and support is'critical. Legal Support to Operations

Chapter 1 Role of the Judge Advocate

1.1 THE JUDGE ADVOCATE 1.2 PERFORMING GENERAL'S CORPS MISSION TRADITIONAL ROLES

The mission of the Judge Advocate Traditionally, judge advocates have General's Corps (JAW) is to provide mastered many fields of law, and professional legal support at all echelons performed several legal roles (judge, of command throughout the range of advocate, and counselor), all in support military operations. This support of three fundamental objectives: includes Operational Law and the six mission, service, and legitimacy. Core Legal Disciplines, which support command and control, sustainment, and personnel service support. CONTENTS PAGE

Throughout the history of the United THE JUDGE ADVOCATE States Army, the JAGC has performed GENERAL'S CORPS' MISSION...... 1-1 this mission by supporting the Army PERFORMING TRADITIONAL mission; providing quality legal services ROLES...... 1-1 Mission...... 1-2 to commanders, staffs, personnel, and Service...... 1-2 family members; and promoting the Leg~t~macy...... 1-2 legitimacy of the Army both in The Military General American society and throughout the Practitioner...... 1-3 world. The "Judge" Function...... 1-4 The "Advocate" Function...... 1-5 The "Ethical Adviser" 1-5 As the 21StCentury dawns, the Function...... JAGC transitions along with the Army. The "Counselor" Function...... 1-5 The JAGC will capitalize on new IN A CHALLENGING NEW information technologies, strengthen its ENVIRONMENT...... 1-6 technical support network, obtain new More Missions...... 1-6 warfighting capabilities, master the legal Complex Command & Control 1-7 issues affecting operations, and develop International Operations...... 1-7 the Soldier-Lawyer-Leaders who will Fluid Operations...... 1-7 Technological Advancements 1-8 perform the JAGC's traditional roles in a challenging, new environment. CHALLENGES FOR JUDGE ADVOCATES IN THE 21st CENTURY...... 1-8 Mission...... 1-8 Service...... 1-9 Leg~t~macy...... 1-10 SUMMARY...... 1-10 1.2.1 Mission upon a thorough understanding of the situation, an analysis of lawful "Mission" means protecting and alternatives, and their individual promoting command authority, professional judgment. They enhance preserving Army resources, and ensuring C2, sustainrnent, and support operations fair military systems, especially the by providing operational law advice and military justice system. Judge advocates legal services in all core legal disciplines promote command authority in several (military justice, international law, ways. They participate in the key administrative law, civil law, claims, military decision-making processes, and legal assistance) during peacetime, becoming involved early to identify and war, and operations other than war. resolve legal issues before they become command problems. They create efficiencies and improve unit effectiveness by leveraging legal "Legitimacy" means engendering solutions to accomplish Army missions public respect and support, promoting in lawful ways. They add value to the justice and ethical behavior. Judge organization as soldiers and individuals, advocates must be "competent, applying their skills and energy to solve confident, caring, and courageous . . . legal and non-legal problems. They grounded in values, and totally administer the military justice system, integrated into the arm^."^ They which promotes the discipline that enhance the Army's legitimacy by makes units effective. They provide integrating society's values into Army advice on other Army procedures that programs, operations, and decision- promote organizational discipline, such making processes. as investigations, reports of survey, standards of conduct, and environmental To promote legitimacy, judge compliance. advocates must be well-grounded in Army and constitutional values. 1.2.2 Service Frequently, there is tension between the military mission and civilian control that "Service" means meeting the legal the judge advocate must resolve for the needs of commanders, staffs, personnel, command. This tension existed in and family members. Judge advocates America before the Revolutionary provide these clients legal advice based war.. .

Prior to his assumption of command of the Continental Army, Washington had been deeply concerned with the administration of military justice. As early as 1756, when Washington was engaged in the French and Indian war, , he protested the enactment of the "act governing mutiny and desertion" which required a commander to obtain permission from the Governor of Virginia to hold a general court-martial and to obtain a warrant from Williamsburg, the colonial capital, before execution of Legal Support to Operations

sentence. It was his opinion that if good discipline was to be maintained, justice had to be meted out expeditiously.'

...and continues to modern times.

The diflerences between the military and civilian communities result from the fact that it is the primary business of armies and navies to fight or be ready to fight wars should the occasion arise . . . . [T]he military constitutes a specialized community governed by a separate discipline from that of the civilian, and . . . the rights of men in the armed forces must perforce be conditioned to meet certain overriding demands of discipline and duty . . .

United States Supreme Court Parker v. Levys

Judge advocates are able to reconcile of the legal profession; therefore, they these tensions for the command because appreciate American constitutional of their status and specialized training as values, including civilian control. soldiers and lawyers. They serve as soldiers in every operational Finally, to promote legitimacy, judge contingency; therefore, they appreciate advocates must help the Army conduct Army values - Loyalty, Duty, Respect, operations in ways that will win public Selfless Service, Honor, Integrity, and support. Personal Co~rage.~They are members

The responsibility for the conduct and use of military forces is derived from the people and the government. The Army commits forces only after appropriate direction from the National Command Authorities (NCA). In the end, the people will pass judgment on the appropriateness of the conduct and use of military operations. Their values and expectations must be met..

United States Army Field Manual 100-5, Operationdo

The Militarv General counselor, but also have broad legal Practitioner expertise. During the Spanish-American War, then Lieutenant Colonel Enoch Judge advocates must not only Crowder served in the Philippines, display professional values and well- where he worked on the arrangement for honed skills as a judge, advocate, and the Spanish surrender, headed the Board of Claims, served on the Philippine Green assisted in drafting martial law Supreme Court, and drafted the documents and served as the executive Philippine Criminal Code." During to the Military Governor in Hawaii. World War II, then Colonel Thomas

"In a deployment, they've got to be ready to shift into 4-5 functional areas on any given day. They'll touch crim. law, operational law, fiscal law, foreign claims, personnel law, ethics... all in one day." --LTC Michele M. Miller'2

Today, deploying judge advocates proceedings under the Uniform Code of must be capable of providing Military Justice. It applies also.to judge comprehensive legal advice and services advocates rendering legal opinions, in all core legal disciplines (military serving as legal advisors on official justice, international law, administrative investigations, ruling on whether claims law, civil law, claims, and legal are cognizable, and reviewing the assistance) and, in addition, have legality of procurement actions. As general knowledge of legal sub- "judge," the judge advocate does not disciplines (e.g., contract law, fiscal law, interpret the law on the basis of personal environmental law, or intelligence views or policy preferences, but rather activities law). on the basis of a careful reading of the authoritative rule and objective When practicing these core legal reasoning. disciplines, a judge advocate must be an effective lawyer, which includes the The judge function demands distinct roles of "judge" and "advocate," ethical skills: legal research and interpretation, advisor, and counselor. Recognizing the reconciliation of facially contradictory applicable function is of the utmost precedents, and extensive knowledge of importance; the function must be which legal authorities have precedence. appropriate to the task at hand. It requires impartiality, diligence, independence, moral courage, and 1.2.5 The "Jud~e"Function intimate knowledge of the facts. It requires prudence in refraining from True to their title, judge advocates activities that could cast doubt upon perform the function of "judge." They impartiality. It requires wisdom, care, are routinely called upon for opinions or sound judgment, and a judicious rulings on whether a law is applicable, a temperament. l3 legal obligation exists, or a legal right must be respected.

This function is not limited to military judges and magistrates who participate in courts-martial and other Legal Support to Operations

1.2.6 The "Advocate" Function governing the conduct of government officials, but also includes consideration Also true to their title, judge of other ethical precepts, including advocates perform the function of officer ethics and Army values. "advocate." They are commonly relied upon to make arguments about what a legal rule means or whether it applies, to present evidence, or to persuade. 1.2.8 The "Counselor" Function

Judge advocates frequently perform Judge advocates also perform a this function within a structured, "counselor" function in which they adversarial proceeding, in which they advise commanders whether proposed prosecute or defend a particular client's actions, while legal and ethical, are interests. The client may be the prudent. command or an individual soldier. Advocacy skills may also be needed Judge advocates functioning as outside the courtroom: in liaison with counselors provide advice early in the environmental compliance agencies, decision-making process to enable the non-governmental organizations or a command to accomplish missions. They host nation; or in formulating command seek to be proactive and to confront policy, as a full understanding often problems before the problems confront requires the ability to see issues from the command. different points of view. When a judge advocate acts in any Advocacy requires many important of these functions, they identify issues; skills. These include careful study of formulate courses of action and evaluate substantive rules, applicable procedures, their strengths, weaknesses, and legal and decision-makers; conducting consequences; anticipate potential legal investigations; interviewing and attacks; consider ethical and prudential examining witnesses; formulating concerns; provide their personal theories; and composing arguments. recommendations to decision-makers; Sometimes advocates use their and frequently execute command persuasive skills to seek changes in the decisions. law. Ethical performance of the advocate function requires zealousness, A variety of skills are required to but also candor and fairness.14 perfom these functions. As a military staff officer, the judge advocate must 1.2.7 The "Ethical Adviser" plan, train, and coordinate, all with an Function understanding of the Army, its history, and operational art. Judge advocates Judge advocates perform the must work constantly and tirelessly to additional function of advising acquire an intuitive and reasoned grasp commanders whether their actions are of the command's interests and ethical. This includes appraising objectives. As a lawyer, the judge conduct in light of laws and regulations advocate must research, analyze, negotiate, and mediate. By combining 1.3 IN A CHALLENGINGNEW legal and military knowledge and skills, ENVIRONMENT the judge advocate enhances decision- making processes and contributes to Judge advocates must perform their effective, ethical, and lawful mission traditional roles in a challenging, new accomplishment. environment, described by Joint Vision 201 0 in this way:

Accelerating rates of change will make the future environment more unpredictable and less stable, presenting our Armed Forces with a wide range of plausible futures. Whatever direction global change ultimately takes, it will afSect how we think about and conduct joint and multinational operations in the 21'' century. How we respond to dynamic changes concerning potential adversaries, technological advances and their implications, and the emerging importance for information superiority will dramatically impact how well our Aimed Forces can perform its duties in 2010."

The new environment will consist of Missions will increase not only in more missions, complex command and number, but also in diversity. The control relationships, international National Security Strategy requires operations, fluid operations, and military forces "to effectively deter technological advancements. aggression, conduct a wide range of peacetime activities and smaller-scale 1.3.1 More Missions contingencies, and . . . win two overlapping major theater wars."lg Missions are increasing in number Supporting national military objectives and type. "The US military will be include promoting peace and stability, called upon to respond to crises across and defeating adver~aries.~~To the full range of military operations, accomplish these objectives, the Army from humanitarian assistance to fighting envisions a full spectrum of missions, and winning major theater wars . . ."I6 including defending or liberating Between 1990 and 1996, the Army territory, intrusions in support of "deployed 25 times - an increase in counterdrug and counterterrorism missions by a factor of 16."" During the operations, peacemaking, peacekeeping, same period, the Army has become national and theater missile defense, smaller. Between 1989 and 1999, the multilateral military exercises, military- Active Army reduced from 781,000 to to-military exchanges, and humanitarian 468,000, and the Total Army from relief.21 1,960,000 to 1,068,000.18 Legal Support to Operations

1.3.2 Command and Control international; they include regional Relationships (.Joint, conflict, proliferation of weapons of Multinational, and mass destruction, terrorism, ethnic Interapencvl disputes, and international organized crime.25 Second, responding to these Command and Control relationships threats will require international will become increasingly complex. cooperation. "We are continuing to Operations will be joint and adapt and strengthen our alliances and multinational, requiring improved coalitions to meet the challenges of an interoperability among the services and evolving security en~ironment."~~'This. with allied and coalition partners.22 will require military forces to act in Additionally, U.S. forces must "enhance cooperation with other nations' forces. their ability to operate in consonance Third, responding to these threats will with other U.S. government agencies, require the full spectrum of military and with Non-governmental operations to shape the international Organizations (NGOs), International environment, respond to international Organizations (IOs), and Private crises, and to deter and resolve Voluntary Organizations (PVOs) in a international conflicts." variety of settings."23These relationships will require much of future leaders. 1.3.4 . Fluid Operations

Our future leaders at all levels of Military forces will be required to be command must understand the flexible, versatile, and responsive in interrelationships among military power, changing missions and locations, and to diplomacy, and economic pressure, as do this as it restructures. "[Olur military well as the role of various government must also be able to transition to agencies and non-governmental actors, fighting major theater wars from a in achieving our security objectives. posture of global engagement -- from They will require a sophisticated substantial levels of peacetime understanding of historical context and engagement overseas as well as multiple communication skills to succeed in the concurrent smaller-scale future. The evolution of command contingen~ies."~~"AU organizations structures, increased pace and scope of must become more responsive to operations, and the continuing contingencies, with less 'startup' time refinement of force structure and between deployment and employment. organizations will require leaders with a Because we rely on the total force to knowledge of the capabilities of all four provide the full range of military services.24 capabilities, we also require responsive reserve components that can rapidly 1.3.3 International O~erations integrate into joint organization^."^^ The Army's "ability to project power is U.S. Armed Forces will continue to greater today than at any time in our be involved in international operations Nation's history. . . . Today, we can for several reasons. First, threats to deploy a heavy armored brigade in 96 United States security interests are hours. .. . our ability .. .will be further enhanced, thus making our forces even more versatile . .

This era will be one of accelerating technological change. Critical advances will have enonnous impact on all military forces. Successful adaptation of new and improved technologies may provide great increases in specific capabilities. Conversely, failure to understand and adapt could lead today's militaries into premature obsolescence and greatly increase the risks that such forces will be incapable of eflective operations against forces with high te~hnology.~' 1

1.3.5 Technological Advancements Army will accomplish its various missions, and how to identify and For judge advocates, the most resolve legal issues arising during these significant technological advancement missions. They must understand the will occur in information systems. This command and control relationships will change operations in three involved in each operation, and provide important ways; it will accelerate the advice concerning the authority and tempo of operations, allow fusion of responsibility of relevant agencies. information in distinct staffing cells, and They must be thoroughly grounded in all empower decision-making at lower core legal disciplines to be effective in a echelons than in the past.32 fluid operational environment. They must be increasingly knowledgeable in international law as the Army cooperates 1.4 CHALLENGES FOR JUDGE with other nations' forces to secure ADVOCATES IN THE 21ST United States interests world-wide. CENTURY Second, judge advocates must While judge advocates will continue become more involved in the military to perform their traditional roles, the decision-making process in critical new environment will greatly affect how planning cells, and at lower levels of they pursue their three fundamental command. As information technology objectives - mission, service, and increases the speed of decision-making legitimacy. and allows fusion of information in distinct cells, it becomes critical for 1.4.1 Mission judge advocates to be located where the relevant picture of the battlefield is Pursuing the mission in the 21st received, evaluated, resolved, and Century will challenge judge advocates affected. Otherwise, legal advice will in three distinct ways. First, judge not be timely or effective. To be advocates must become increasingly proactive, the judge advocate must be refined as soldiers and lawyers. Judge present. As information technology advocates must understand how the empowers decision-makers at lower Legal Support to Operations

levels of command, judge advocates systems develop, judge advocate must be present there. connectivity must continue.

Third, judge advocates must be Second, judge advocates must capable of expanding the level of legal provide technical supervision support to meet the mission demands of (supervision of legal operations by a a force projection army. Projection Staff Judge Advocate) and technical creates surges in demand for legal support (direct legal expertise from services: deploying forces require legal JAGC organizations) to deployed judge support; the power projection platform advocates in every contingency. The requires temporarily increased legal variety of legal issues arising from support during mobilization, and diverse missions is a tremendous legal augmented legal support in the event of challenge to a deployed judge advocate. deployment of tenant units and their This can be especially challenging in organic judge advocates; the home joint and multinational operations. In station continues to require legal joint operations, service specific support. Judge advocates, in both the regulations and policies apply. In active and reserve components, must multinational operations, troop plan for the legal resources to meet these contributing nations must still comply demands, and must be prepared to with their national laws. Legal provide services with the deploying unit, supervision and support must be the power projection platform, or home effective to ensure quality legal service station. to commanders and staffs. RDL connectivity will be critical to providing 1.4.2 Service this support.

Providing effective service to Third, judge advocates must be commanders, staffs, personnel, and mobile. They must move, not only with family members in the new environment the supported unit, but also will challenge judge advocates in four independently to investigate claims and ways. First, judge advocates must potential war crimes, to be at the maintain connectivity with operational commander's side at key meetings, and and tactical networks and legal to perform other legal missions. A judge information sources in a fluid and advocate's ability to collect evidence technologically advanced environment. first-hand is frequently the reference Of paramount importance will be the point from which a claim is adjudicated ability of the Rucksack Deployable Law fairly, and the truth about a potential Office and Library (RDL) to interface war crime is learned. Responsive with Maneuver Control System - service in a fluid operational Phoenix (MCS-P), Global Combat environment requires dedication of Support System - Army (GCSS-A), transportation in support of the judge Combat Service Support Control System advocate. (CSSCS), and Legal Automated Army- Wide System (LAAWS). As future Fourth,' judge advocates must provide professional legal services to personnel and families, most importantly international, and technological during deployments and split-based environment. The judge advocate must operations. Expanding the level of legal continue to be a master of all core legal support during demanding times will be disciplines, and must be effective in the the most significant challenge. Also roles of judge, advocate, ethical advisor, important, however, will be allocating and counselor. The judge advocate will adequate legal resources: the trained succeed in the new environment by personnel and facilities required to becoming increasingly knowledgeable as provide the professional atmosphere soldiers and lawyers, maintaining expected by clients.33 This contributes constant awareness of the operational substantially to good quality of life, situation and communication with which in turn, retains quality people. technical supervision and support, and integrating constitutional and 1.4.3 Legitimacy international democratic values into. military operations. The future environment will challenge judge advocates in several ways. First, judge advocates must be well-grounded in constitutional and international law and values. Their understanding of, and ability to reconcile, those laws and values will be instrumental in promoting effective coalitions and international public respect for U.S. Army operations. Second, as the U.S. seeks to promote democracy abroad,34 the international community will expect U.S. Army operations to be consistent with democratic values. Therefore, the judge advocate's traditional role of assisting commanders to integrate democratic values into Army operations must continue. Finally, as the U.S. military "serves as a role model for militaries in emerging democracies around the judge advocates must personally serve as teachers, trainers, and mentors for their counterparts.

1.5 SUMMARY

The judge advocate in the 21St Century must adapt the traditional role to a more demanding, complex, fluid, Legal Support to Operations

Chapter 2 Organization to Support Army Operations

2.1 JUDGE ADVOCATE military justice matters, and ORGANIZATIONS supervisor of the administration of military justice in the Army. 2.1.1 Office of The Judee Advocate Principal legal advisor to the Army General Staff concerning the organization, powers, duties, functions, and The Office of the Judge Advocate administrative procedures of the General (OTJAG) is an element of the Army- Army Staff. The organization is depicted in qigure 2-1. OTJAG provides legal services to the Chief of CONTENTS PAGE Staff, U.S. Army, members of the Army Staff, agencies of the Army, and JUDGE ADVOCATE members of the Army generally. Two ORGANIZATIONS...... 2-1 Field Operating Agencies also support Office of The Judge Advocate The Judge Advocate General in General...... 2-1 Field Operating Agencies...... 2-3 providing legal services to the Army: The U.S. Army Legal Services U.S. Army Legal Services Agency Agency...... 2-3 (USALSA), which includes the U.S. The Judge Advocate General's Army Claims Service (USARCS), and School...... 2-5 The Judge Advocate General's School, Army National Guard Legal U.S . Army (TJAGSA). Organizations...... 2-6 U.S. Army Reserve Legal The Judge Advocate General (TJAG) Organizations...... 2-7 is responsible for all Army legal Staff Judge Advocate Offices.. 2-10 services, heads the Judge Advocate Command Judge Advocates.... 2-14 Legal Service, and performs, among JOINT LEGAL ORGANIZATIONS.... 2-14 others, the following legal functions:36 The Office of the Legal Counsel to the Chairman, Legal Advisor to the Chief of Staff, Joint Chiefs of Staff...... 2-15 Unified, Specified, and U.S. Army, and Military Legal Subord. Unified Command Advisor to the Secretary of the Army SJAs...... 2-15 in coordination with the General Joint Task Force SJA ...... 2-15 Counsel. MULTINATIONALFORCE LEGAL Authority for establishment of the ORGANIZATIONS...... 2-15 Army Trial Judiciary and U.S. Army PROVIDING ARMY LEGAL Court of Criminal Appeals, and SUPPORT FOR OPERATIONS...... 2-16 performance of judicial Overview of Operational Law responsibilities prescribed in the Support...... 2-16 Uniform Code of Military Justice. Tailoring Operational Law Support...... 2-19 Principal legal advisor to the SUMMARY...... 2-20 Secretary of the Army and Chief of Staff, U.S. Army, concerning Primary legal advisor to the Army procurements, logistics, security Staff concerning operational matters, . assistance, and fiscal law matters. international law issues arising ftom Overseer of the Army Standards of deploying and stationing of U.S. Conduct Program. forces overseas, and implementation of the DoD Law of War Program. Technical supervisor for the Judge Advocate Legal Service; responsible Supervisor of the Army Claims for recruitment, career management, program, and Secretary of the Army assignment, professional designee for settling claims against responsibility, and direction in the the U.S. under various, specific performance of their duties of all claims statutes. members of the Judge Advocate Supervisor of the Army Legal Legal Service. Assistance Program. Principal legal advisor to the Army Staff concerning acquisitions,

OFFICE OF THE JUDGE ADVOCATE GENERAL

CQNTRACT LAW " @JA#fiiLO ~u~enrises)/(AJAOIMLO Supervises) r LEGAL ASSISTANCE i (AJAOAUICC? Supenrises) I 2

Figure 2-1 Legal Support to Operations

The Assistant Judge Advocate The Assistant Judge Advocate General (TAJAG) supervises the General for Operations is an Individual organization, administration, and Mobilization Augmentee, and the functioning of OTJAG; the Field principal advisor to TJAG concerning all Operating Agencies of OTJAG; the matters affecting judge advocates in the procurement and professional training of U.S. Army Reserve. members of the Judge Advocate Legal Service; the proficiency of reserve 2.1.2 Field O~eratin~A~encies component judge advocates; and the operations of the judge advocate Guard Certain enduring and specialized and Reserve Affairs Department, legal missions demand significant Regulatory Law and Intellectual synergy or independence from the SJA Property Division, Legal Technology sections that support various echelons of Resources Office, and Standards of command. The Judge Advocate Conduct Offi~e.~' General's Field Operating Agencies (FOAs) are organizations designed to The Assistant Judge Advocate meet this institutional need. General for Civil Law and Litigation (AJAG/CLL) supervises or oversees 2.1.3 The U.S. Armv Legal Services Contract Law Division, Litigation A~encv Division, Procurement Fraud Division, Contract Appeals Division, The primary mission of USALSA is Environmental Law Division, Defense to deliver legal services to the Appellate Division, and Trial Defense Department of the Army in coordination Servi~e.~~ with OTJAG; support and deliver legal services to field activities; and The Assistant Judge Advocate consolidate delivery of legal services by General for Military Law and Operations military judges and defense counsel to (AJAG/MLO) supervises or oversees guarantee their independence. The Criminal Law Division, Administrative organization is depicted in Figure 2-2. Law Division, International and Operational Law Division and the Center for Law and Military Operations (CLAMO), Legal Assistance and Policy Division, Labor and Employment Law Division, and Government Appellate Di~ision.~~

The Army National Guard Special Assistant to TJAG is the principal advisor to TJAG concerning all niatters affecting judge advocates in the Army National Guard. USALSA ORGANIZATION

Figure 2-2

The Commander, USALSA, States Army Judiciary, providing commands the organization, and as full-time military trial judges to Chief, United States Army Judiciary, preside over general and special directly supervises the United States courts-martial. The Chief Trial Army Court of Criminal Appeals, the Judge supervises Military Judges United States Army Trial Judiciary, the and provides judicial support Military Magistrate Program, and throughout the Army. Examinations and New Trials Branch. The military magistrate program. USALSA includes: Examinations and New Trials The United States Army Court of Branch, which examines all general Criminal Appeals (ACCA). (The courts-martial not reviewed by Commander, USALSA serves as the ACCA, processes petitions for new ACCA's Chief Judge. There is also trials and extraordinary relief, and an Individual Mobilization examines cases involving military Augmentee Chief Judge.) The commissions and courts of inquiry. ACCA performs appellate review of The Litigating Divisions, which courts-martial pursuant to Article 66, provide legal advice and litigation Uniform Code of Military Justice services in contract law, (UCMJ), when the approved procurement fraud, environmental sentence includes death, a punitive law, regulatory law, intellectual discharge, or confinement for one property law, civilian and military year or more, and considers certain personnel law, torts, and other areas petitions for new trials pursuant to of law. AJAGICLL exercises Article 73, UCMJ. operational control over the The United States Army Trial Litigating Divisions. Judiciary, an element of the United Legal Support to Operations

The United States Army Trial (ALLS), and produces all instructional Defense Service (TDS), which material to train and maintain the 71D provides defense legal services for Military Occupational Specialty (MOS) Army personnel as authorized by law for both the active and reserve forces. and regulation. TJAGSA also provides technical Defense Appellate Division (DAD), support for deployed judge advocates. which provides defense legal Its academic departments- services to military accused before Administrative and Civil Law, Legal the ACCA, the United States Court Research and Communications, of Appeals for the Armed Forces Criminal Law, Contract and Fiscal Law, (CAAF), and the United States and International and Operational Law Supreme Court. Departments-have subject matter Government Appellate Division experts in all the core legal disciplines. (GAD), which represents the United Deployed judge advocates reach back States before the ACCA, the CAAF, for legal expertise from these experts. and, when requested by the United States Attorney General, the United The Center for Law and Military States Supreme Court. Operations (CLAMO), a resource organization for operational lawyers, is The United States Army Claims also located at TJAGSA. The mission of Service (USARCS) administers the CLAMO is to examine legal issues that Army's claims program, supervising the arise during all phases of military investigation, processing, and settlement operations and to devise training and of claims against and on behalf of the resource strategies for addressing those United States. It also establishes claims issues. It seeks to fulfill this mission in policy and supervises claims training. five ways. To maintain the independence of defense legal services, The AJAGICLL First, it is the central repository exercises technical supervision and within The Judge Advocate operational control over DAD and TDS. General's Corps for all-source The AJAG/MLO exercises technical datalinformation, memoranda, after- supervision and operational control over action materials and lessons learned GAD. pertaining to legal support to operations, foreign and domestic. 2.1.4 The Jud~eAdvocate General's Second, it supports judge advocates School, U.S. Army by analyzing all data and information, developing lessons TJAGSA offers resident and learned across all military legal nonresident courses of study for the disciplines, and by disseminating professional legal training of the Army. these lessons learned and other TJAGSA conducts and publishes operational information to the Army, research in all legal disciplines. Marine Corps, and Joint TJAGSA conducts combat development, communities through publications, manages the Army Law Library Service instruction, training, and databases accessible to operational forces, supervision over all the assigned, world-wide. attached, or OPCONjudge advocates.

Third, it supports judge advocates The National Guard Bureau, while in the field by responding to requests not in the chain of command, formulates for assistance, by engaging in a and administers programs to ensure the continuous exchange of information development and maintenance of Army with the Combat Training Centers National Guard units. Each state and their judge advocate observer- selects, appoints, and assigns its controllersltrainers, and by creating officers, noncommissioned officers, and operational law training guides. enlisted personnel. Notwithstanding, Fourth, it integrates lessons learned TJAG authorizes state appointments to from operations and the Combat the JAGC, and ensures that judge Training Centers into emerging advocates in the Army National Guard doctrine and into the curricula of all are subject to the same training, relevant courses, workshops, educational standards, and supervision orientations, and seminars conducted as other members of the JAGC. at TJAGSA. Each of the fifty states and the Fifth, in conjunction with TJAGSA, District of Columbia, Guam, Puerto it sponsors conferences and Rico, and the Virgin Islands appoints an symposia on topics of interest to Adjutant General as the senior military operational lawyers. commander of its STARC, which consists of its Air and Army National 2.1.5 Armv National Guard Legal Guard units. The State Judge Advocate Organizations is the seniorjudge advocate serving with the state. Army National Guard units Legal support is embedded in are structured like Regular Army units. National Guard organizations, including The major Army National Guard units the National Guard Bureau, State Area are divisions, brigades, and regiments. Commands (STARC), and subordinate The mission of the office of the Staff guard units. Normally, each state Judge Advocate section in Army commands and controls its Army National Guard units is the same as that National Guard units. When these units of an SJA section in a similar size are called into federal status and while in regular Army unit. Army National CONUS, FORSCOM subordinate units Guard enhanced brigades are the will normally command and control principal reserve component ground them; the FORSCOM and FORSCOM combat maneuver forces of the United subordinate command SJAs will States Army. The SJA section of an normally exercise technical supervision enhanced brigade is modeled on, and of these federalized judge advocates. has the mission of, the SJA section of a When Army National Guard units are separate brigade in the active assigned, attached, or OPCON to other component. commands, the SJA of the gaining command will exercise technical Legal Support to Operations

Members of the JAGC in the Army 2.1.6 U.S. Armv ' Reserve Le~al National Guard serve in a unique status. Or~anizations Each is a full member of the JAGC and also a member of the particular state Legal support in the U.S. Army guard unit. Army National Guard judge Reserve consists of support embedded in advocates support their units' federal U.S. Army Reserve units, such as in the mission to maintain properly trained and judge advocate sections of Garrison equipped units that are available for Support Units (GSUs) designed to prompt mobilization, and state mission provide legal services to power to provide trained and disciplined forces projection platforms, and in Judge for domestic emergencies or as Advocate General Service otherwise required by the state. Organizations (JA GSOs).

The Army National Guard judge JAGSOs are legal units that provide advocate's dual status can be useful. legal services to troops not otherwise For example, an Army National Guard provided organic legal support. judge advocate in state status could be Additionally, JAGSOs provide CONUS permitted to provide assistance to sustaining base support for mobilization, civilian authorities when a judge mobilization sustainment, and advocate in federal status might be demobilization operations. JAGSOs precluded from providing assistance due consist of judge advocates, warrant to the restrictions of the Posse Comitatus officers, and enlisted legal personnel. Act. JAGSOs consist of modular teams Military judges in the Army National that provide legal services in all core Guard are trained and certified by TJAG legal disciplines. JAGS0 teams are an similarly to the military judges in the integral part of the Total Force and must Army and Army Reserve. While in state maintain high standards of professional status, an Army National Guard military proficiency and military readiness. judge may, when authorized by TJAG is responsible for the technical applicable state law, preside over courts- supervision, training, and assignment of martial convened under state law. Upon JAGS0 personnel. Training mobilization and federalization of an associations between active component Army National Guard military judge, the and reserve component legal elements Chief Trial Judge will review the Army ensure quality training and seamless National Guard military judge's training, integration during mobilization. background, experience, and qualities (demonstrated mature judgment and Each type of JAGS0 has specific high moral character) to determine the capabilities. The Legal Support officer's suitability to serve as a member Organization (LSO), which is of the Army Trial Judiciary. Army commanded by a judge advocate, National Guard officers who qualify for provides operational control and such service may be assigned, as technical supervision for as many as needed, to the Army Trial Judiciary. four Legal Services Teams &ST). An LSO will be assigned primary duties as a deploying or mobilization support unit. eliminations. It advises the Those LSOs assigned mobilization command regarding statutory and support duties are referred to as regulatory compliance and Mobilization Support Organizations acquisitions. It provides (MSO). MSOs retain a follow-on, post- international and operational law mobilization, deployment mission. The legal services and investigates and LSO is modularly organized, and may be reports on violations of the Law of split into teams or tailored to support War. specific mission requirements and split- based operations. The LSO consists of-- The Client Services section consists of a senior client services officer * Support Section A: One chief judge (MAJ), a legal assistance officer advocate (COL), one legal services (CPT), a claims officer (0,and coordinator (MAJ), one legal two legal NCOs (SSGISGT). The administrator (CW4), and one legal section performs all legal assistance specialist (SPC). and claims functions. It provides legal assistance and advice to Support Section B: One senior members of the command to assist in judge advocate (LTC), one legal resolving personal civil law services coordinator (MAJ), one problems. It receives, investigates, chief legal NCO (CLNCO) (MSG), and adjudicates claims against and and one legal NCO (SGT). by the United States.

The Legal Service Team is the basic The Litigation Section consists of JAGS0 and is capable of legal support two Trial Counsel (CPT), a Court to all operations. It can provide legal Reporter (SSG), and a Legal services to a command and its soldiers Specialist (PFC) and advises the on the basis of one LST per 6,000 command regarding all military soldiers. The LST is divided into three justice matters, represents the sections: Command Opinions section, government in trials by court-martial Client Services section, and Litigation and before administrative boards, section. and processes all pretrial and posttrial actions. The Command Opinions section consists of the director, legal The Regional Trial Defense Team services (LTC), a senior legal (RTDT) provides operational control, opinions officer (MAJ), an training, and technical supervision for as administrative and contract law many as four Trial Defense Teams. The officer (CPT), and a senior legal RTDT assigns cases, provides training NCO (SFC). The section performs and general supervision, and assists trial all administrative law functions and defense counsel in counseling clients provides all legal review and and preparing actions for trial before opinions required by law or administrative boards or courts-martial. regulation regarding administrative The RTDT consists of a regional defense classifications, reductions, and counsel (LTC), a senior defense counsel Legal Support to Operations

(MAJ), and a legal NCO (SSG). The The Army assigns JAGS0 teams to Trial Defense Team (TDT) performs theater armies, theater army area duties as defense counsel in proceedings commands, corps, corps support before administrative boards, under commands, and other organizations as Article 15, UCMJ, and in courts-martial. required. To prepare and train for It is capable of providing defense operational missions, it is important for services on the basis of one team per active component SJAs to establish 12,000 soldiers. A TDT, which close relationships with supporting currently exists separately from the JAGSOs. The gaining organization SJA, RTDT, consists of a senior defense therefore, is responsible for planning for counsel (MAJ), three defense counsel the employment of JAGS0 team (CPT), and one legal NCO (SSG). To personnel. Except for regional and trial maintain their independence, when not defense teams and senior and military mobilized, regional and trial defense judge teams, JAGS0 teams fall under teams assigned to defense legal support the technical supervision and organizations operate under the administrative control of the SJA of the technical supervision of the Chief, U.S. organization to which a JAGS0 team is Army Trial Defense Service. Upon assigned. The JAGS0 teams may mobilization, defense teams organic to augment the SJA section or may work as LSOsMSOs will be under operational a remote detachment. The active control of the U.S. Army Trial Defense component SJA is responsible for Service. tasking the JAGS0 to perform operational missions. The Senior Military Judge Team performs judicial duties and supervises Upon mobilization, JAGS0 teams Military Judge Teams. Its members depend on the unit to which they are preside at general and special courts- assigned for all logistical and martial, perform duties as military administrative support. Personnel magistrates, and serve in various other services, finance, communications, judicial capacities. The team consists of transportation, maintenance, automation a senior military judge (COL) and a equipment, and supply are all areas of legal NCO (SSG), and is capable of support needed by the JAGSOs to enable providing judicial services on the basis them to deliver the operational law of one team per 15,000 soldiers. The services for which they are designed. Military Judge Teams, which currently exist separately, consist of a military While not on active duty, JAGS0 judge (LTC) and a legal NCO (SGT). team duties depend on the units to Upon mobilization and IAW 10 U.S.C. which they are assigned (regional 826(c), military judge teams organic to support command or regional support LSOs/MSOs will be reassigned to the group) for all support and administrative U.S. Army Trial Judiciary, will come functions. Typical areas of heavy under the supervision and control of the support include maintenance, unit USALSA, and will be employed as reporting requirements, common soldier directed by the Chief Trial Judge and skill training, and transportation. attached, as required. Each LSO and LST is designated to 2.1.7 Staff Judpe Advocate Offices provide legal services in support of either mobilization or other military The Ofice of the Staff Judge operations. When supporting Advocate (OSJA) is organic to units mobilization, the LSO or LST provides commanded by a general court-martial legal services to United States Army convening authority. An organization Reserve, National Guard, federal, and with a General Officer in command may state agencies affiliated with also be assigned an OSJA, even if there mobilization. It assists Continental is no general court-martial convening United States Army (CONUSA) SJAs in authority. OSJA provides all legal premobilization planning and in services to the organization except those coordinating use of legal assets within which must be provided independently. the CONUSAs. It coordinates with The OSJA normally is composed of a regional support commands (RSC) or Staff Judge Advocate (SJA), a Deputy regional support groups (RSG) to Staff Judge Advocate (DSJA), Division provide required legal services, such as Chiefs, judge advocates, a Legal Soldier Readiness Processing, to Administrator, a Chief Legal expanded troop populations. It Noncommissioned Officer (CLNCO), coordinates with RSC, RSG, STARCs, legal specialists, and federal civilian and installations to provide responsive legal support staff. legal services to family members and other authorized personnel. It assists in The Staff Judge Advocate (SJA), the re-acquisition of federal property for the senior judge advocate, is a member installation expansion, helps develop or of the commander's personal sWand, revise Department of Army civilian as such, communicates directly with the work rules as required, and provides commander to provide legal advice for advice and assistance on acquisition all matters affecting morale, good order, matters while monitoring streamlined and discipline of the command. acquisition procedures for possible fraud Additionally, the SJA is a member of the or abuse. commander's special staff.41As such, the SJA serves under the supervision of the Upon mobilization, one LSO and at Chief of Staff, provides legal services to least one TDT will be assigned to the staff, and coordinates with other FORSCOM subordinate commands staff members to provide responsive (most likely the CONUSAs) in each of legal services throughout the the ten standardized federal regions to organization. perform mobilization support and CONUS srrsiaimnent base missions. The SJA, as a field representative Twenty LSTs will be assigned to these of TJAG, provides technical supervision missions and will be assigned as needed over all JAGC personnel and legal under the supervision of the ten services in the command, including mobilization support LSOs. planning and resourcing legal support, conducting and evaluating training, and assignment and professional development of JAGC personnel Legal Support to Operations assigned to the command. The SJA may Assisting with litigation in also use the legal technical channel to which the United States has an communicate with TJAG and other interest. Supervisory Judge advocate^.^' Operating the command's legal The SJA is responsible for all legal assistance, claims, procurement services required by the command in fraud, federal magistrate court, operational law and the core legal victim-witness assistance, and disciplines described in Chapter 3. military justice training Normally, the SJA's duties include:43 programs. Assisting in implementing Providing military justice advice training programs for reserve and performing military justice component legal personnel and duties prescribed in the Uniform units. Code of Military Justice. Providing legal advice Resolving legal problems concerning intelligence regarding administrative boards, activities. investigations, or other military The Deputy Staff Judge Advocate tribunals. (DSJA) is the second most senior judge Technical supervision and advocate. While the SJA is the principal training of legal personnel in the legal advisor to the command, the DSJA, command and its subordinate acting for the SJA, is responsible for the units. organization, administration, and Providing legal advice and functioning of the OSJA; supervises assistance concerning contracts, legal services at a location during split- health care, environmental based operations (e-g., the Army of matters, and compensation Excellence Corps DSJA supervises legal matters. operations at the Corps Rear Command Post, or acts as provisional rear SJA Providing legal counsel to the when the SJA deploys with the civilian personnel office, equal commanding general); and manages employment opportunity office, collective training for all legal personnel. and the command. Providing counsel to the family Division Chiefs are responsible for advocacy Case Review providing all legal support within a Committee. particular core legal discipline, such as military justice or legal assistance. They Serving as the command ethics supervise judge advocates, civilian counselor. attorneys, legal specialists, and civilian Providing international and legal support staff in the delivery of operational law assistance, to legal support within the particular include advice and assistance to discipline; advise the SJA concerning all implement the DoD Law of War matters falling within the scope of the Program. particular discipline; and train subordinates in the legal skills required monitors expenditures, and manages by the discipline. the Internal Control Program. Serves as information management Judge advocates perform legal officer (1.01, supporting duties in one or more particular legal correspondence, telecomrnunica- disciplines under the supervision of the tions, records management, SJA and Division Chief. They review automation, micrographics, forms, actions for legal sufficiency; investigate printing and publication, and visual factual matters related to legal actions; aids. write legal opinions; advise commanders, staff officers, and Serves as Security Officer. personnel; participate in staff working Monitors and certifies training groups or teams; prepare legal actions; records for all assigned and attached advocate before courts-martial and personnel. administrative decision-making bodies; and provide legal assistance and other Advises the SJA on methods of necessary client services to soldiers and improving the administration of their family members. Judge advocates legal services. supervise legal specialists and civilian Manages manpower stafTing and legal support staff, who assist in the utilization programs. performance of these functions. Implements Army Law Library Civilian Attorneys assigned to the Service policies, procedures, and SJA office perform legal duties systems. described in the previous paragraph, Reviews and authenticates military except advocating before courts-martial. justice and administrative They regularly provide great depth of documents. expertise in a particular legal discipline. They also have supervisory responsibilities, which may include The Chief Legal Noncommissioned Division Chief responsibilities. Officer (CLNCO) is the senior enlisted soldier in the section and performs the The Legal Administrator, a warrant following duties. officer with special training in law office management and operations, serves as Serves as principal advisor to the Chief of the Administrative Division SJA, commanders, and their staffs and performs the following duties: concerning all legal specialists and paralegals. Coordinates personnel actions for Ensures common soldier skill officers, NCOs, enlisted soldiers, proficiency of all legal personnel, and civilians. and MOS proficiency of all legal Serves as resource manager: specialists. develops fiscal requirements, In coordination with the SJA, executes program budget guidance, manages taskings by installation and authenticates funding obligations, higher headquarters. Legal Support to Operations

Provides technical supervision of the facts relating to legal actions, legal specialists performing duties in conduct legal research, prepare legal support of the SJA, DSJA, and documents, schedule appointments, Division Chiefs. assist clients under the supervision of an attorney, provide all logistical Reviews military justice and arrangements for courts-martial or administrative documents and files. administrative hearings, review legal Supervises technical training of all documents and actions for technical legal specialists located at accuracy, process claims, maintain subordinate brigades and battalions, records anci statistics, and prepare including legal specialists deploying reports of legal actions. Legal as part of a separate legal section or specialists with the additional skill a Brigade Operational Law Team identifier (ASD CS are court reporters. (BOLT). Ensures timely legal tech- In addition to the above duties, they nical and automation training, record and transcribe verbatim including use and care of the RDL. proceedings of courts-martial, Assists the Legal Administrator in administrative proceedings, Article 5 tibunals, and other proceedings as monitoring and certifying training required by law or regulation. records for all assigned and attached personnel. Legal specialists at the battalion and Ensures logistical support for each brigade provide commanders basic team in the SJA section, to include paralegal services under the technical procurement, issue, turn-in, supervision of the SJA and subordinate accountability of equipment, and judge advocates. They act as liaisons preparation for predeployment, between their units and the OSJA. They deployment, and redeployment. prepare legal and administrative Coordinates the assignment of legal documents such as records of specialists. nonjudicial punishment, adverse administrative separations, courts- In conjunction with the DSJA, serves martial documents, powers of attorney, as liaison between unit staff sections will worksheets, confinement orders, and the OSJA to coordinate field preliminary criminal investigation and training. AR 15-6 investigation report forms, Revises and updates the enlisted Article 139 claims investigation report portion of the SJA's Field Standard forms, and statistical reports concerning Operating Procedures (FSOP). legal actions. They maintain offical files for all unit legal actions. They apprise the commander of the status of all Legal Specialists (all NCOs and command legal actions. enlisted soldiers with 71D MOS) provide paralegal and clerical support in Legal specialists must be proficient all core legal disciplines under the in managing a legal office in the field in supervision of the SJA, Division Chief, support of operations. They must know and judge advocates. They investigate how a commander and his staff operate in a tactical operations center (TOC) or commanders, and staff is similar to that other headquarters structure. They must of an SJA. The Regimental Judge also perform traditional NCO Advocate of the Ranger Regiment is an functions-training and taking care of example of a CJA. troops. In addition to legal, staff, and office skills, 71D personnel must train to The CJA supervises the legal proficiency in soldier common tasks. specialists. With their assistance, the They must be able to survive on the CJA provides legal support in required battlefield, and be able to help other legal disciplines to the commander and soldiers survive. the staff. Normally, the host installation OSJA will provide legal support in the Finally, legal specialists maintain a disciplines of legal assistance, military deployment legal office package (forms, justice, and claims. Nevertheless, a CJA supplies, equipment, references, etc.) may provide such services in accordance ready to deploy in support of the legal with the policies of the commander and office and the command. When the SJA of the host installation or the required, the legal specialist provides next higher command, and consistent administrative support during Soldier with professional responsibility Readiness Processing (SRPs), and requirements. Emergency Deployment Readiness Exercises (EDREs), and to any other Law Center Officers in Charge mobilization preparation process. (OICs)

Civilian Legal Support StafS may An OIC of a Law Center is a judge include paralegals, court reporters, legal advocate responsible for supervising the clerks, legal secretaries, and other provision of all legal services in a supporting staff who provide paralegal designated military community. The and administrative support under the Law Center is a branch ofice of a senior supervision of the SJA, Division Chiefs, headquarters SJA office. Law Centers judge advocates, and civilian attorneys. are particularly common in Europe. Unlike CJAs, OICs typically are 2.1.8 Command Jud~eAdvocates responsible to provide legal support in all core legal disciplines and to supervise A Command Judge Advocate (CJA) legal services provided by law center is the senior judge advocate in a legal personnel. The OIC typically advises the office serving a commander who is not a installation and tactical commanders in general court-martial convening that community. authority, anci who is not otherwise authorized an SJA. The CJA is the 2.2 JOINT LEGAL commander's personal legal advisor for ORGANIZATIONS44 all matters that affect the morale, good order, and discipline of the command Legal organizations are embedded in and is a member of the commander's each joint organization, including the special staff. The CJA's relationship to Office of the Chairman, Joint Chiefs of the commander, subordinate Staff, each unified, specified, and Legal Support to Operations subordinate unified command; and each combatant command SJA designs and joint task force. A&~ legal staffs the JTF SJA office based on the organizations support army JTF mission and organization. The JTF organizations designated as a component SJA provides the legal services required command, or otherwise a part of a joint by the JTF, supervises legal services in organization. organizations subordinate to the JTF, and coordinates additional legal support 2.2.1 The Office of the Legal through the combatant command SJA. Counsel to the Chairman, Joint The JTF SJA will receive technical Chiefs of Staff supervision from the combatant command SJA and will exercise The Office of the Legal Counsel technical supervision over legal advises the Office of the Chairman of personnel in organizations under JTF the Joint Chiefs of Staff concerning the operational control. legal basis for conducting operations, rules of engagement, and other 2.3 MULTINATIONAL FORCE international and domestic law affecting LEGAL ORGANIZATIONS operations. Legal organizations may be 2.2.2 Unified, S~ecified,and embedded in multinational headquarters Subordinate Unified Command to provide legal advice and support to Staff .ludee Advocates multinational military operation^.^^ These multinational headquarters may SJA offices in these commands derive their authority from the United provide legal support to the command. Nations, a regional alliance, a bilateral Their specific organization and or multilateral international agreement, functions vary according to the mission an ad hoc coalition agreement, or a of the Unified, Specified, or Subordinate combination thereof.46Regardless of the Unified Command. Nevertheless, these applicable international legal authority, offices are composed of an SJA or Legal U.S. Forces and personnel remain Advisor, judge advocates with required subject to the U.S. National Command specialities from various services, legal Authorities (NCA) and domestic law. specialists, and civilian employees. These offices provide legal advice in Legal organizations in multinational international and operational law, law of headquarters provide advice concerning the sea, air and space law, military command authority, the legal basis for justice, administrative law, civil law, operations, rules of engagement and the claims, legal assistance, and any other use of force, the status of multinational required areas of law. forces, and other issues. Legal advisors in multinational headquarters must find 2.2.3 Joint Task Force Staff Judee legal solutions that satisfy the legal Advocate standards of the international community and each troop contributing When a Combatant Commander nation, or must forward issues to forms a Joint Task Force (JTF), the superior national and international 2.4.1 Overview of Operational Law authorities for resolution. Support

2.4 PROVIDING ARMY LEGAL Operational Law (OPLAW) is that SUPPORT FOR OPERATIONS body of domestic, foreign, and international law that directly affects the All the legal organizations described conduct of operations. OPLAW tasks above provide legal support to support the command and control and operations in the deployment theater and sustainment of military operations, at home station throughout all stages of including the military decision-making the mobilization and operation. Organic process and the conduct of operations. legal organizations provide support to OPLAW supports the commander's unit C2, sustainment, and support military decision-making process by operations. JAGSOs and other reserve performing mission analysis, preparing component judge advocates, such as the legal estimates, designing the judge advocate sections GSUs, augment operational legal support architecture, organic legal support in required core wargaming, writing legal annexes, legal disciplines. SJAs of superior assisting in the development of Rules of commands provide technical legal Engagement (ROE), and reviewing supervision and support to subordinate plans and orders. OPLAW supports the units. OTJAG, the Field Operating conduct of operations by maintaining Agencies (USALSA & TJAGSA), and situational awareness; advising and CLAM0 provide additional required assisting with targeting, ROE technical legal support. implementation, and information operations. Judge advocates performing The challenge for the SJA is to OPLAW also provide or facilitate provide legal support to operations that support in the core legal disciplines. meets the organization's mission- Therefore judge advocates performing specific requirements. The SJA meets OPLAW must be well-versed in all core this challenge by detailing operational legal disciplines, skilled in managing lawyers (judge advocates) to each key legal , operations, and effective in operational cell (e.g., G-3 Plans, G-3 relations with military commanders and Operations, Information Operations, staffs. The general OPLAW support targeting cells, tactical command posts, concept is depicted in Figure 2-3, below. civil military operation centers, and Brigade main CPs), providing all core legal disciplines at each division or corps command post and home station, and coordinating technical legal supervision, technical legal support, and augmentation requirements. Legal Support to Operations Organizations on the left side of the MSOs provide legal support diagram (DoD and other government throughout CONUS during all stages of agencies, OTJAG, CLAMO, USALSA, mobilization to active and reserve USARCS, and TJAGSA) provide component units, organizations, technical legal support. Immediately to installations, soldiers, and family their right are depicted OSJAs, which members. Upon mobilization, they will support their parent organizations and be assigned to active component deploy to provide required legal support. FORSCOM subordinate commands Beneath these are depicted LSOs, which (most likely a Continental United States deploy to augment organic legal support. Army or CONUSA). They may be MSOs support force projection and placed under the operational or tactical other mobilization and CONUS control of mobilization stations or RSCs, sustainrnent base missions, and can or of STARCs, in the event the STARC deploy as a follow-on mission. LSOs is mobilized or federalized. During and MSOs are composed of LSTs, peacetime, MSOs assist USAR and which provide legal support in a variety ARNG personnel in Personnel of disciplines. Within the deployment Readiness Programs. During the stages theater, organic legal organizations of mobilization, MSOs provide legal provide legal support, and are support for: augmented by LSOs and LSTs (depicted mobilizing USAR and ARNG units by small circles throughout the theater, at home station in Soldier Readiness corps, division, and brigade areas) as Processing; required. mobilization stations during peak Legal organizations provide OPLAW surges of mobilization and support throughout all stages of deployment; mobilization and operations in the family members of mobilized USAR deployment theater and at home station. and ARNG personnel at home Legal personnel organic to deploying station or mobilization stations; active and reserve component units support their units and unit personnel. mobilization stations during peak Legal personnel organic to installations surges of redeployment and provide home station legal support. demobilization; Legal personnel organic to nondeploying redeployed and demobilized USAR units at the installation may provide and ARNG personnel and family home station support subject to their members at home station. unit readiness and operations. Mobiiizeci UOs ciepioy to the theater to Findy, MSOs may be required to support deployed forces; however, they deploy and provide legal support to may be employed in CONUS prior to deployed forces. For more information, deployment to assist MSOs consistent consult Army Regulation 500-5, Army with the LSO's requirements to prepare Mobilization and Operation Planning and deploy. and Execution System Legal Support to Operations

The diagram also depicts organizations, nongovernmental communication and automation linkages organizations, and private volunteer from the company area to the CONUS organizations; trial and trial defense sustaining base. Each Judge advocate counsel must travel to counsel must be linked to the Army Battle commanders or clients and investigate Command System (ABCS), particularly cases. to Maneuver Control System - Phoenix (MCS-P), to Global Combat Support 2.4.2 tailor in^ Operational Law System - Army (GCSS-A), and to legal Su~port information networks through the kgai Automation Army-Wide System The SJA begins tailoring legal (LAAWS). Only then will judge support to an operation by analyzing advocates know the situation and have METT-TC (mission, enemy, troops, the complete and current legal terrain and weather, time available, and information required to provide the civilian considerations) to determine the proactive, timely, and accurate legal potential legal issues, the extent of advice that will empower and sustain the support required within each core legal force. discipline, and the legal resources available. Substantial and helpful Not depicted in the diagram, but information is available to assist the SJA vital to effective legal support, are the in this analysis in the Operational Law equipment and transportation Handbook, which is published annually requirements. Legal organizations must by the International and Operational be as capable as the units they support. Law Department at TJAGSA, and in The OSJA element in a corps, division, lessons learned on file with CLAMO. or brigade Command Post must have the workspace, communications and Next, the SJA must design the legal automation capabilities, and support architecture for the operation. transportation assets to function in There are two requirements: first, judge coordination with the staff. Other advocates, and any required legal critical equipment requirements include specialists, must deploy with each key radios linked with tactical nets, global operational cell; second, the SJA must positioning devices, and the RDL. (The provide support in all core legal RDL and its components are discussed disciplines to both the deployed force in Chapter 4.) In addition, many legal and home station, even if support in functions require mobility: the SJA some disciplines is not deployed. These must travel to supervise legal services requirements place significant demands (as must the DSJA when managing legal upon the legal organization. SJAs must services at another command post); consider the need for augmentation and foreign claims and war crimes address concerns through legal technical investigation teams must travel to channels. investigate claims and potential war crimes; judge advocates must attend To meet these two requirements, Joint Military Commission meetings and there are two complementary strategies. meetings with international First, the SJA may deploy a legal organization equipped to provide command or the joint headquarters. In support in all legal disciplines. This allied or coalition legal organizations, structure may contain a proportionate technical legal supervision will be dual slice from each division. (Significant (national and international). SJAs efficiencies are obtainable by deploying supporting allied or coalition personnel skilled in multiple legal organizations must coordinate disciplines. Therefore, SJAs must thoroughly to define the parameters of ensure that judge advocates and legal technical legal supervision, as well as to specialists are trained in multiple resolve the myriad legal concerns arising disciplines.) Second, the SJA may during operations. deploy legal support in a particular legal discipline, while providing other legal 2.5 SUMMARY support from the home station or other location. (For example, if a commander TJAG heads and directs all legal deploys an organization to perform a services in the Army, and provides legal mission of brief duration and likely to support for operations at all levels of involve claims issues, the SJA may command. Embedded legal deploy all or part of the claims division.) organizations (OSJAs or CJAs) in the These approaches are not mutually active and reserve components and in exclusive; they may be blended to meet joint organizations provide operational mission requirements. law and core legal discipline support to their parent organizations. Special legal Finally, the SJA must coordinate units (JAGSOs) augment legal support technical legal supervision and support. as required by the mission. Judicial and Judge advocates receive technical legal trial defense services are provided by supervision (i.e., guidance, direction, independent legal organizations in order and assistance in the discharge of their to preserve the integrity of the military duties) from TJAG and SJAs of superior justice system. Joint and multinational commands.48 Judge advocates may legal organizations provide operational receive technical legal support (i-e., legal law support and supervise legal information or expertise) from any Army operations of subordinate units within legal organization. Technical legal the parameters of international and supervision and support normally follow domestic law. the chain of command. In joint operations, or when Army units are SJAs tailor, or task organize, legal operationally controlled by other Army support for each specific operation, by organizations, technical supervision detailing judge advocates and any follows operational control; superior required legal specialists, to all key parent and supported headquarters operational cells, providing support in should both provide required technical all core legal disciplines to the deploying support. Nevertheless, technical force and home station, and ensuring supervision and support arrangements effective technical legal supervision and must be coordinated for each specific support. The result is responsive, core legal discipline. For example, proactive, flexible, and expandable legal military justice supervision and support support in every operational could either lie with the parent contingency. Legal Support to Operations

Chapter 3 OPLAW and Core Legal Disciplines Supporting Army Operations

3.1 INTRODUCTION

The last chapter described legal organizations supporting operations, and CONTENTS PAGE how SJAs tailor, or task organize, to provide legal support to operations. INTRODUCTION...... This chapter describes OPLAW and the OPLAW...... core legal disciplines (military justice, MILITARY JUSTICE...... international law, administrative law, INTERNATIONAL LAW ...... civil law, claims, and legal assistance) that Army legal organizations provide. ADMINISTRATIVE LAW ...... Subsequent chapters will provide CIVIL LAW ...... information about legal support to CLAIMS...... specific types of military operations. LEGAL ASSISTANCE...... As discussed in the previous chapter, SUMMARY...... legal support to each operation must consider the organization's mission- specific requirements, and include legal support in OPLAW and each core legal discipline. OPLAW and the core legal disciplines contribute directly to the command and control (C2), sustainment, and personnel service support required by the organization. Different aspects of a core legal discipline may support C2, sustainment, or personnel service support. For example, foreign claims are a sustainment function, while personnel claims are personnel service support. It is important that SJAs tailor legal support (OPLAW and core legal disciplines) to the organization' s mission-specific requirements. Therefore, this chapter will describe OPLAW and the core legal disciplines, what tasks are performed, where they are performed, and how they support each phase of an operation from premobilization through demobilization. 3.2 OPLAW all phases of any operation, from before mobilization through demobilization. OPLAW is that body of domestic, Nevertheless, the OPLAW Judge foreign, and international law that Advocate's (OPLAW JAYs)focus will directly affects the conduct of change during these phases. The focus operations. during premobilization, mobilization, and predeployment will be on OPLAW OPLAW supports the command and military decision-making functions. The control of military operations, to include focus shifts toward tasks related to the the military decision-making process conduct of operations from deployment and the conduct of operations. OPLAW through demobilization. During all supports the military decision-making phases, however, the OPLAW JA must process by performing mission analysis, provide or facilitate support in core legal preparing legal estimates, designing the disciplines required to sustain the operational legal support architecture, organization. wargaming, writing legal annexes, assisting in the development and Before mobilization, OPLAW JAs training of Rules of Engagement (ROE), and legal specialists should conduct and reviewing plans and orders. contingency planning, deployment OPLAW supports the conduct of preparation, and training. OPLAW JAs operations by maintaining situational must proactively develop staff skills and awareness, and advising and assisting relationships at all times, not merely with targeting, ROE implementation, before deployment. Deployment and information operations. OPLAW preparation, a cooperative effort between also involves the provision of core legal the OPLAW JAYthe CLNCO, the Legal disciplines that sustain the force. Administrator, and other key personnel, should include developing SOPS, SJAs normally provide OPLAW identifying deploying personnel, support at each Brigade Headquarters marshaling resources, and establishing (Main CP), and at each key operational liaisons. Training before mobilization cell at every higher level of command should develop legal personnel in their (TAC CP, Main CP, Rear CP, G-3 soldiering and legal skills, provide Plans, G-3 Operations, Information mission-related legal information to unit Operations, and Targeting Cell). personnel, integrate legal personnel into OPLAW support is also provided at each unit training events, and establish joint and multinational headquarters. relationships with reserve component Some missions will also require legal personnel who will support legal BPLAW support at battalion level, or in operations upon mobilization. specialized units or operational cells. This is increasingly the case in peace During mobilization and operations and disaster relief. predeployment, OPLAW JAs, with the assistance of legal specialists, should As OPLAW directly affects the receive and integrate mobilized legal conduct of military operations, its tasks personnel who are supporting deploying must generally be performed throughout and non-deploying units; conduct Legal Support to Operations

mission briefings for deploying files and journals. SJAs should forward personnel regarding ROE, general after action reports and all pertinent orders, code of conduct, law of war, and legal documents, memoranda, email, et other appropriate legal topics; conduct cetera, to the CLAMO, and integrate final mission planning; and coordinate them into future contingency planning, legal support for individual deployment deployment preparations, and training. readiness. 3.3 MILITARY JUSTICE During deployment and entry, OPLAW tasks related to the conduct of Military justice is the operations become more critical. administration of the Uniform Code of OPLAW JAs must maintain situational Military Justice (UCMJ), and the awareness to provide effective advice disposition of alleged violations by about targeting, ROE, and legal aspects judicial (courts-martial) or nonjudicial of current operations (including (Article 15,UCMJ) means. The purpose information operations). For this reason, of military justice, as a part of military judge advocates should deploy with their law, is '"to promote justice, to assist in RDLs, vehicles, radios, and global maintaining good order and discipline in positioning devices in a sequence that the armed forces, to promote efficiency ensures their presence in key operational and effectiveness in the military cells at all times. Deploying legal establishment, and thereby to strengthen specialists help the OPLAW JA the national security of the United maintain situational awareness during state^."^^ the operation by attending briefings, monitoring email traffic, tracking the TJAG is "responsible for the overall battle, and providing other required supervision and administration of assistance. Upon entry, OPLAW JAs military justice within the Army."5o The must organize and coordinate the commander is responsible for the delivery of legal services in all core legal administration of military justice in the disciplines in accordance with the legal unit, and must communicate directly annex to the OPLAN or OPORD. with the SJA about military justice Finally, even during fast-paced matters.51 operations, OPLAW JAs must continue to perform OPLAW military decision- There are three components of making process functions in support of military justice, each with its distinct the staff's operational planning. functions. First, the SJA is responsible for military justice advice and services During redeployment and to the command. The SJA advises demobilization, OPLAW JAs and legal commanders concerning the specialists must perform several administration of justice, the disposition recovery tasks: assist the redeployment of alleged offenses, appeals of of legal personnel and equipment, nonjudicial punishment, and action on participate in the command's after- court-martial findings and sentences." action reviews and lessons learned The SJA supervises the administration processes, and catalogue and retain legal and prosecution of courts-martial, preparation of records of mal, the require support to conduct courts- victim-witness assistance program, and martial. Trials may be held at the main military justice training.53 or rear command post. The convening authority may designate where the court- Second, the Chief, United States martial will meet IAW Rules for Courts- hyTrial Defense Service "exercises Martial (RCM) 504(d) and RCM supervision, control, and direction of 906(b)(ll) and consistent with rulings defense counsel services in the Army."54 of the military judge. SJAs provide Judge advocates assigned to the Trial military justice advice to general court- Defense Service advise soldiers and martial convening authorities, including represent soldiers before courts-martial. Joint Force Commanders with general These judge advocates also represent court-martial authority. Other judge soldiers in adverse administrative advocates provide military justice advice hearings. to subordinate commanders. Legal specialists in battalion, squadron, and Third, the Chief Trial Judge, United higher headquarters prepare and manage States Army Trial Judiciary provides military justice actions, and provide military judges for general and special other technical legal and administrative courts-martial, supervises military support for military justice. As the judges, promulgates rules of court, and situation requires, LSTs specializing in supervises the military magistrate criminal law may assist theater, corps, or program.55 Military Judges assigned to division military justice operations. In the Trial Judiciary preside over courts- multinational organizations, each troop martial, exercise judicial independence contributing nation is responsible for the in the conduct of courts-martial, conduct discipline of its military personnel. training sessions for trial and defense Thus, the U.S. element of the counsel, and perform or supervise multinational organization will require military magistrate functions.56Military military justice support. magistrate functions include the review of pretrial confinement and confinement Trial defense and judiciary services pending the outcome of foreign criminal are provided on an area basis under the charges; and the issuance of search, independent supervision and control of seizure, or apprehension the U.S. Army Trial Defense Service and authorization~.~' U.S. Army Trial Judiciary, respectively. Trial Defense Counsel will normally be Military justice services are located with SJA sections at theater, semi-centralized to facilitate timely, corps, and division, from where they e*cien? delivery. Noranally, courts- travel throughout the operational area to martial are processed at theater, corps, provide advice and services as far division, or other headquarters forward as required. Military Judges are commanded by a general court-martial normally collocated with SJA sections at convening authority. Joint Force theater, corps, and division, depending Commanders, and Army Brigade and upon judicial workloads. As the Battalion' Commanders also have court- situation requires, LSTs specializing in martial convening authority, and may trial defense or judiciary services assist Legal Support to Operations wherever needed in the theater. The the military justice transition and Chief, U.S. Army Trial Defense Service, conduct mission training. Transition and Chief Trial Judge, U.S. Army Trial tasks may include aligning the Judiciary, supervise Defense Teams and convening authority structure for the Military Judge Teams, respectively. deployment theater and home station, ensuring units and personnel are Military justice support must assigned or attached to the appropriate transition through the phases of military organization for the administration of operations smoothly, providing military justice, requesting or continuity in jurisdiction and responsive accomplishing required designations of support to the deployment theater and home station convening authorities, home station. Critical to success are transferring individual cases to new prior planning, mission training, and convening authorities when necessary, staff augmentation. and publishing a general order for the ~peration.~~Mission training will Before mobilization, the primary include briefings to deploying and home focus is planning. The SJA's planning station commanders concerning military for military justice operations should justice operations, and briefings to include the preparation of key personnel deploying soldiers concerning the terms for deployment, the identification and of the general order for the ~peration.~" marshaling of resources and personnel to support split-based operations, the During deployment and entry, the identification and alignment of court- SJA must ensure the military justice martial convening authorities, the support arrangements are in place and guidance for disposing of pending cases operating properly. The SJA should upon deployment, the selection of court- ensure orders assigning units and martial panels in the deployment theater, personnel clearly indicate which the content of a general order for the commander has nonjudicial punishment operation, the strategy for supporting and court-martial authority. Rear military justice in the deployment detachment commanders at the home theater and at the home station, and the station will require military justice coordination of support for trial defense training, which should emphasize the and judiciary services.58The supporting commander's autho~ity and Regional Defense Counsel (RDC) must responsibility, and the prevention of develop an operation support strategy, unlawful command infl~ence.~~Finally, prepare personnel for deployment, and the SJA should expect an increase in the marshal resources. Of particular home station military justice workload, importance are the RDC's plans for and must ensure that resources are mobility in theater and technical properly allocated between the supervision of deployed Defense deployment theater and home station.62 Counsel. The supporting Chief Circuit Judge must likewise plan for operations. During redeployment and demobilization, the SJA transitions During mobilization and back to the original home station predeployment, the SJA must execute military justice structure. This will normally include returning to the dependents; assistance with legal issues original convening authority structure, in intelligence, security assistance, ensuring units and personnel are counter-drug, and civil assistance assigned or attached back to the activities; advice to the command appropriate organization for the concerning the development of administration of military justice, international agreements; and legal revoking the designations of home liaison with host or allied nation legal station convening authorities established a~thorities.~~ for the operation, transferring individual cases, and rescinding the general order Normally, the SJA provides for the operation. international law support at the main and rear command posts in Army of 3.4 INTERNATIONAL LAW Excellence divisions and corps, and main command posts in Force XXI International law is the application divisions and corps, TAACOM or TSC of international agreements, headquarters, Theater Army international customary practices, and headquarters, and each joint and the general principles of law recognized multinational headquarters. In addition, by civilized nations to military international law support may be operations and activities. Within the required at brigade and battalion Army, the practice of international law headquarters. also includes foreign law, comparative law, martial law, and domestic law International Law tasks will vary affecting overseas, intelligence, security from phase to phase, but are designed to assistance, counter-drug, and civil ensure operational capability and assistance a~tivities.~~ support international legitimacy throughout all phases of an operation. The SJA's international law responsibilities include: implementation Before mobilization, international of the DoD Law of War (LOW) law planning is preeminent. The SJA Program, including LOW training, and international law attorneys must advice concerning the application of the thoroughly understand the contingency LOW (or other humanitarian law) to plan and the international law affecting military operations, the determination of the planned operation. They must enemy prisoner of war (EPW) status, ensure the contingency plan complies and supervision of war crime with international legal obligations, investigations and trials; assistance with including obligations to EPWs and internationai legai issues relating co U.S. civilians. They must also identify and forces overseas, including the legal basis obtain relevant international agreements for conducting operations, status of (e.g., status of forces agreements, forces agreements, and the impact of exchanges of diplomatic notes, and foreign law on Army activities and acquisition and cross-servicing personnel; the monitoring of foreign agreements), identify requirements for trials and confinement of Army military additional agreements, and forward and civilian personnel and their these requirements through higher Legal Support to Operations headquarters to the proper negotiation authority. International law planning During deployment and entry, the objectives include informing the SJA's principal international law tasks commander and staff of the international are advising the command and legal obligations on the force, managing legal processes. These tasks minimizing legal obligations or their require continuous liaison with the effects on the force, protecting the legal country team, host nation legal officials, status of unit personnel, ensuring rights the ICRC, and other agencies related to of transit, and providing responsive and the operation; and effective integration economical host nation support. At the into the headquarters staff. Advice to same time, international law attorneys the command may involve the law of are responsible for training unit war, including advice to the EPW team; personnel on the LOW and other interpretation of international international law affecting potential agreements; treatment of civilians or operations. foreign diplomats; assistance to international organizations, U.S. or host During mobilization and nation government organizations, non- predeployment, establishing liaison and government organizations (NGOs), or briefing deploying personnel are the private volunteer organizations (PVOs); principal international law tasks. The civil affairs; and other international legal SJA should establish liaison with the matters. Legal processes include the International Committee of the Red investigation and trial of war crimes, Cross (ICRC), the country team for the Article V tribunal proceedings, foreign area of operations, legal officials in the criminal trials of U.S. personnel, foreign host nation, and other government, civil or administrative proceedings, and nongovernmental, international, and proceedings conducted under occupation private voluntary organizations, as or martial law. directed by the commander. The purposes of this liaison are to establish During redeployment and productive relationships that will help demobilization, the SJA's international sustain the operation; coordinate the law priority is to resolve legal issues legal aspects of the deployment and remaining from the deployment or entry; confirm understanding of relating to redeployment. Significant agreements concerning status of forceP, tasks may include coordinating the legal rights of transit, basing, and host nation aspects of base closures, resolving host support; and provide assurance of nation support issues, managing war compliance with international legal crimes investigations, monitoring requirements. Briefings to deploying foreign criminal proceedings, and personnel should cover the legal basis coordinating with the ICRC for for the operation, the legal status of repatriation of prisoners of war. deploying personnel, relevant country law, guidance on the treatment of 3.5 ADMINISTRATIVE LAW civilians in the area of operation^,^^ and the applicability of the LOW or other Administrative law is the body of humanitarian law. law containing the statutes, regulations, and judicial decisions that govern the disclosure and ethics training establishment, functioning, and programs.68 command of military organizations. The practice of administrative law includes Administrative law support is advice to commanders and litigation on usually provided at brigade behalf of the Army involving many headquarters, main and rear command specialized legal areas, including posts in Army of Excellence divisions military personnel law, government and corps, main command posts in information practices, investigations, Force XXI divisions and corps, relationships with private organizations, COSCOM headquarters, and at each labor relations, civilian employment law, higher army, joint, and multinational military installations, and government headquarters. Because of the vast scope of issues they face, administrative law attorneys, especially, must be capable of Administrative law attorneys conducting specific technical legal perform the following functions: advise research and writing. commanders, review actions, and litigate cases involving military personnel law; Administrative law support must be advise Army officials regarding their provided during all phases of an obligations under the Freedom of operation. The legal research Information Act (FOIA) and Privacy capabilities and technical support Act; advise investigating officers, review structure must be robust to provide investigations for legal sufficiency, and specialized legal knowledge and the advise appointing authorities concerning flexibility to resolve different issues as investigative findings and an operation moves through its phases. recommendations; advise Army officials concerning support for and relationships Before mobilization, administrative with private organizations; advise Army law attorneys must identify the issues officials concerning labor relations, likely to arise in the operation and including certifying and negotiating provide policy guidance in the OPLAN. with labor unions, grievances and Consideration of the likely legal issues arbitration, and unfair labor practice must take into account the participating allegations; advise Army officials organizations -joint, allied or coalition, concerning the recruiting, hiring, international, non-governmental, and evaluating, and disciplining of private. The plan should include policy employees, and represent the Army in guidance concerning access by non-DoD litigation arising from employee personnel to unit facilities and ~ervices.~' ,gievances and discrimination complaints; advise installation During mobilization and commanders concerning the legal predeployment, administrative law authorities applying to military attorneys must provide prompt guidance installations; and advise Army personnel to commanders concerning military concerning government ethics, and personnel issues that typically arise supervise the command financial immediately before deployment, such as conscientious objection and family care Legal Support to Operations plan failure^.^' They should also brief procurement fraud oversight, deploying personnel concerning issues commercial activities, and acquisition arising in the theater, e.g., family care and cross-servicing agreement^.^^ plans and foreign gifts.71 The SJAYs contract law During deployment and entry, responsibilities include furnishing legal administrative law attorneys will provide advice and assistance to procurement advice and assistance with the legal officials during all phases of the issues that arise in theater. They should contracting process, overseeing an be prepared to spend considerable time effective procurement fraud abatement and effort on command investigations, program; and providing legal advice to as these may have a significant impact the command concerning battlefield on the unit and mission.72 They must acquisition, contingency contracting, also, even in a deployed environment, Logistics Civil Augmentation Program supervise the government ethics (LOGCAP), Acquisition and Cross- program, including the filing of Servicing Agreements (ACSAs), the financial disclosure forms.73 commercial activities program, and overseas real estate and construction. During redeployment and demobilization, administrative law Legal counsel must participate fully attorneys will assist with issues that in the acquisition process, make arise, and will continue to manage the themselves continuously available to legal aspects of ongoing investigations their clients, involve themselves early in and other actions as they redeploy to the contracting process, communicate home station. closely with procurement officials and contract lawyers in the technical 3.6 CIVIL LAW supervision chain, and provide legal and business advice as part of the contract Civil law is the body of law management team.76To accomplish this, containing the statutes, regulations, and SJAs usually provide contract law judicial decisions that govern the rights support at the main and rear commarid and duties of military organizations and posts in Army of Excellence divisions installations with regard to civil and corps, main command posts in authorities. The practice of civil law Force XXI divisions and corps, includes contract law, fiscal law, COSCOM, Theater Support Command environmental law, as well as many Headquarters, and each higher army and other specialized areas of law.74 joint headquarters. Contract law advice may also be required at brigade or Contract law is the application of battalion headquarters. SJAs should domestic and international law to the deploy a contract law attorney with acquisition of goods, services, and contracting Early Entry Modules (EEM). construction. The practice of contract OPLAW JAs supporting a DISCOM or law includes battlefield acquisition, COSCOM should be trained in contract contingency contracting, bid protests law. Expertise may be required at the and contract dispute litigation, multinational command headquarters to advise concerning international activities in environmental litigation and acquisition agreements. at hearings before local, state, or federal agencies in coordination with the Chief, Fiscal law is the application of Environmental Law Division, USALSA, domestic statutes and regulations to the and the Department of Justice (DoJ); funding of military operations, and monitoring state and federal support to non-federal agencies and environmental legislative and regulatory organizations. developments; providing advice concerning the appropriateness of any The SJA's fiscal law responsibilities environmental enforcement activities; include furnishing legal advice on the and reviewing all draft environmental proper use and expenditure of funds, orders, consent agreements, and interagency agreements for logistics settlements with Federal, state, or local support, security assistance, and support regulatory officials before signature.78 to non-federal agencies and organizations. SJAs usually provide environmental law support at the main and rear SJAs usually provide fiscal law command posts in Army of Excellence support at the main and rear command divisions and corps, main command 'posts in Army of Excellence divisions posts in Force XXI divisions and corps, and corps, main command posts in DISCOM, COSCOM, Theater Support Force XXI divisions and corps, Command Headquarters, and each DISCOM, COSCOM, TAACOM/ TSC higher army and joint headquarters. headquarters, and each higher army and joint headquarters. Expertise may also Civil lawyers must support all be required at the multinational phases of an ~peration;~'nevertheless, command headquarters to advise the issues and requirements they face concerning international support will change during each operational agreements. phase.

Environmental law is the body of Before deployment, planning and law containing the statutes, regulations, training are the primary concerns. and judicial decisions relating to Army Contract lawyers assist the planning for activities affecting the environment to contracting by identifying the legal include navigable waters, near-shore and authorities for contracting, obtaining open waters and any other surface water, relevant acquisition agreements or groundwater, drinking water supply, requesting their negotiation, helping the Imd surface or subsurf~ce~ez,~mbient contracting team to define requirements air, vegetation, wildlife, and humans.77 and to establish procurement procedures Overseas, host nation law may also for the operation, and reviewing the affect Army operations. contracting support plan for legal sufficiency. Fiscal lawyers assist the SJAs provide legal advice and planning by identifying funding services on all aspects of environmental authorities supporting the mission. matters, to include representing Army Environmental lawyers assist the Legal Support to Operations

planning by providing legal advice contracting and fiscal issues will concerning environmental reviews and increase in number and comple~ity.~~ environmental requirements in the area SJAs should encourage the use of of operations, and by reviewing plans to Acquisition Review Boards, as these ensure plans address environmental law promote prudent management of and policy requirements. The resources and proactive resolution of environmental plan should address logistical support issues.83 SJAs must policies and responsibilities to protect maintain close coordination with the the environment, certification of local organization's environmental team and water sources, waste management, civil affairs section, and liaison with the hazardous material management, country team and local environmental protection of flora and fauna, legal authorities. archeological and historical preservation, and the base field spill During redeployment and plan.80 demobilization, civil lawyers support force redeployment and close-out. During mobilization and Contracts for subsistence, temporary predeployment, support to the lodging, or transportation are required to contracting and real estate EEMs is allow logistics units to redeploy. During important. A contract lawyer should close-out, contract and environmental deploy with the contracting EEM; an claims or disputes will arise. Civil environmental lawyer should deploy lawyers help contracting and real estate with the real estate EEM. In preparation officials resolve claims or disputes. for deployment, these judge advocates or When claims or disputes are not civilian attorneys must marshal resolved, the civil lawyer will support resources, assist the EEM's final the contracting and real estate personnel coordination to include confing who are responsible for litigati~n.'~Civil warrants, funding sources and lawyers are normally required until all environmental legal requirements, and forces leave the area, and therefore establish liaison with the country team normally redeploy last. Even after in theater. Upon arrival in theater, the redeployment, unresolved contractir~g contract lawyer and environmental and environmental issues may require lawyer support the EEM missions of legal support. facilitating the deployment and entry of forces. The environmental lawyer 3.7 CLAIMS should ensure an environmental survey is completed to provide a baseline The Army Claims Program against which later claims for damage investigates, processes, adjudicates, and may be as~essed.~' settles claims on behalf of and against the United States world-wide "under the During deployment and entry, civil authority conferred by statutes, law support must be responsive to force regulations, international and requirements. SJAs must plan for interagency agreements, and DoD additional contract law and fiscal law directive^."^^ The Claims Program support as the theater matures, because supports commanders by preventing distractions to the operation from Claims must be investigated and claimants, promoting the morale of paid in an area of operation^.^^ In Army personnel by compensating them multinational operations, unless for property damage suffered incident to otherwise specified in applicable service, and promoting good will with agreements, a troop contributing nation the local population by providing is generally responsible to resolve claims compensation for personal injury or arising from its own operations. Foreign property damage caused by Army or claims against the U.S. will normally be DoD per~onnel.'~Categories of claims resolved by the service assigned claims include claims for property damage of responsibility for the area. Claims soldiers and other employees arising attorneys should consult DoD Directive incident to service, torts alleged against 5515.8, Single-Service Assignment of Army or DoD personnel acting within Responsibility for Processing of Claims the scope of employment, and claims by (June 1990). U.S. personnel claims will the United States against individuals normally be resolved by the parent who injure Army personnel or damage service. Amy claims services are Army property." normally provided in the main or rear command posts in Army of Excellence The Secretary of the Army (SA) divisions and corps, main command heads the Army Claims System.'' TJAG posts in Force XXI divisions and corps, supervises the Army Claims Program the Theater Support Command and settles claims in accordance with headquarters, and Theater Army delegated authority from the SA." The headquarters. While claims services are U.S. Army Claims Service (USARCS) centrally processed at these locations, administers the Army Claims Program claims personnel must travel throughout and designates area claims offices, the area of operations to investigate, claims processing offices, and claims negotiate, and settle claims. attorneys?' SJAs, or other supervisory judge advocates, operate each Before mobilization, commanders command's claims program and should appoint unit claims officers supervise the area claims office (ACO) (UCO); UCOs document and report or claims processing office (CPO) incidents to claims offices that might designated by USARCS for the result in a claim by or against the United command.g1 ACOs and CPOs are the States.95The SJA and Chief of Claims normal claims offices at Army should develop the claims architecture installations that investigate, process, for the planned operation, and provide adjudicate, and settle claims against the training for deployable claims attorneys, United States; and identify, investigate, legal specialists, and UCOs. The claims and assert claims on behalf of the United architecture should prescribe the States.92Claims attorneys at each level technical chain of claims authority, settle claims within delegated authority identify additional required claims and forward claims exceeding that processing offices or foreign claims authority to the appropriate settlement commissions, and describe the claims authority.93 procedures applying during the operation. Claims architecture planning Legal Support to Operations

factors include the type and duration of camps, unit locations, or transportation deployment, the area to which deployed, routes; good documentation at the the existence of international agreements beginning of an operation will enable governing the presence of U.S. accurate payment of legitimate claims personnel and the processing of claims, and prevent payment of fraudulent or host nation law, and service claims inflated ~laims.'~'The digital camera responsibility for the area.96 Claims that is a component of the RDL is very procedures should describe how claims useful for this purpose. When are received, investigated, processed, performing claims services, the senior adjudicated, and paidag7Training for claims attorney should coordinate with claims personnel should cover foreign UCOs to assist them with claims claims procedures, prevention of investigations; with Civil Military property damage and personal injury, Operations (CMO) to facilitate liaison investigative techniques, and with local officials, learn about local documentation of preexisting damage.98 customs, and provide CMO personnel information about claims procedures; During mobilization and and with military police and military predeployment, SJAs and Chiefs of intelligence personnel to share Claims should provide preventive law informati~n.'~~ Throughout the advice concerning home station storage operation, claims perso~elmust travel of personal property, and information throughout the area of operations to briefings to deploying personnel about receive, investigate, and pay claims.'03 theater claims policies, including policies concerning any types or During redeployment and amounts of personal property for which demobilization, the senior claims compensation will not be paid. SJAs attorney must ensure all filed claims are and Chiefs of Claims should also paid, closed, or transferred to a claims coordinate with USARCS to facilitate office with post-deployment the appointment of Foreign Claims responsibility for the area. Claims Commissions or Claims Processing personnel at home station must be Offi~es.9~ prepared to receive and process claims by deployed personnel for damage to During deployment and entry, property damaged in storage during claims personnel establish the claims deployment. operation and perform claims services. When establishing the claims operation, the senior claims attorney in theater 3.8 LEGAL ASSISTANCE should inform host nation authorities how claims will be processed, provide "Wherever you have judge advocates information to the local population among soldiers, you will have the about claims procedures, and obtain practice of Legal Assistance."'" translation services and local legal Captain Nicole Famer advice.'@' Critical at this point are efforts by claims personnel and UCOs to Legal assistance is the provision of document the existing condition of base personal civil legal services to soldiers, their family members, and other eligible matters, torts, taxes, and civilian personnel.105The mission of the Army criminal matter^."^ Legal Assistance Program is "to assist those eligible for legal assistance with Legal assistance is provided at the their personal legal affairs in a timely Theater Army headquarters, Theater and professional manner by - (1) Support Command headquarters, main Meeting their needs for help and and rear command posts in Army of information on legal matters; and (2) Excellence divisions and corps, and Resolving their personal legal problems main command posts in Force XXI whenever po~sible."'~~"From an divisions and corps, and as required at operational standpoint, the mission of brigade or lower echelons.lll While each legal assistance is to ensure that the service and each troop contributing soldiers' personal legal affairs are in nation is responsible to provide legal order prior to deployment, and then, in assistance for its personnel, some legal the deployment location, to meet the assistance may be required at joint or soldiers' legal assistance needs as multinational headquarters. quickly and as efficiently as possible."107 The Army Legal Assistance Program Before mobilization, active and promotes morale and discipline, and reserve component SJAs should conduct thereby contributes directly to mission regular and proactive preventive law accomplishment. programs, resolve legal concerns of soldiers, their families, and other eligible Legal assistance attorneys, and legal personnel prior to deployment, and plan staff working under their supervision, for mobilization and deployment provide legal assistance in a variety of processing. In conducting such settings, including combat readiness programs, SJAs should coordinate with exercises, premobilization legal and involve the reserve component preparation (PLP), soldier readiness judge advocates (such as MSO JAGSOs Program processing (SRP), or the judge advocate sections of GSUs) demobilization briefings, noncombatant which will be assigned to assist their evacuation operations, client interviews, organizations upon mobilization, or with informal requests for assistance, federal whom they have developed training and state income tax assistance, and associations. Preventive law programs preventive law programs.'08 They provide information to service members provide extensive legal services: and families that enable them to avoid ministerial and notary services, legal legal problems, or to identify concerns counseling, legal correspondence, and seek prompt assi~tance."~Regular negotiation, iegai document preparation SRP processing, along with reserve and filing, limited in-court component PLP, ensures soldiers and representation, legal referrals, and emergency-essential civilian employees mediation.'0gThey handle a wide variety have their legal affairs in order and are of cases: family law, estates, real prepared for deployment. Because legal property, personal property, economic, needs may not be met upon deployment, civilian and military administrative SJAs must plan to provide legal assistance to large numbers of personnel Legal Support to Operations

preparing to deploy. SJAs must also generally designates specific judge plan to provide legal assistance to advocates as legal assistance attorneys. personnel in the deployment theater and Because of the increased demand for family members at home station, legal assistance services during mobilization stations, or elsewhere deployments, the SJA may allow judge during the operation.l13 The MSOs and advocates who are not legal assistance the judge advocate sections of the GSUs attorneys to provide legal assistance described in Chapter 2 provide SJAs the services when consistent with capability to provide this surge and professional standards. The SJA will sustainrnent legal assistance. rely heavily on the judge advocates assigned to GSU supporting the During mobilization and installation and the MSO supporting the predeployment, the SJA and Chief of deployment. Also, the SJA may seek Legal Assistance should manage SRP support from the Senior Defense processing, coordinate with the local bar Counsel, who may assign Trial Defense and courts concerning current legal Counsel to provide legal assistance assistance issues or stays required by the consistent with the Trial Defense mobilization or deployment, provide ~nission."~In theater, legal assistance legal assistance briefings for family attorneys should be prepared to resolve members, and resolve as many legal the full range of legal assistance cases, concerns as possible before and to provide federal and state income deployment.'14 SRP processing should tax assi~tance."~The Chief of Legal review, at a minimum, Soldiers' Group Assistance in theater, should establish Life Insurance (SGLI) beneficiary liaison with the U.S. Consulate, and designations, requirements for wills or ensure effective communication and powers of attorney, the existence of courier service between legal assistance Soldiers and Sailors Civil Relief Act offices in theater and home station.llgAt issues or any pending civilian or military home station, in addition to providing charges, the receipt of Geneva legal assistance to the home station, the Convention briefings, and family care legal assistance office must provide plan concerns.115Providing advance SRP required assistance to deployed legal packets to deploying soldiers enables assistance attorneys and provide legal them to consider their legal needs in assistance briefings to family advance, to come to the SRP with the members.'*O information needed to process efficiently, and to leave with the legal During redeployment and products and advice they require.l16 demobilization, the SJA and Chief of Legal Assistance must resolve legal During deployment and entry, assistance matters in the deployment SJAs must provide legal assistance both theater, or coordinate to ensure they are in the deployment theater and at home resolved after redeployment, and resolve station. Due to the special attorney- matters at home station that arose or client relationship and the possibility of remained unresolved during the conflicting interests between operation. commanders and soldiers, the SJA 3.9 SUMMARY

The JAGC provides comprehensive legal support to operations across the spectrum and throughout all phases of military operations. Staff Judge Advocates ensure OPLAW and core legal disciplinary support at each level of command from the theater through brigade, and at lower echelons as required. This chapter described, in general terms, what legal support is provided. The following chapters will describe how legal support is provided to specific types of operations. Legal Support to Operations

Chapter 4 Legal Support in Theater Operations

CONTENTS .PAGE THE THEATER ...... 4-2 Key Terms and Distinctions ..... 4-2 Communications Zone and Combat Zone...... 4-3

Strategy...... l ...... 4-4 Structures of Command and Theater command structures and Coordlnatlon...... 4-4 campaign planning originated in World Command, Control, and War II and have existed. with Support Relatlonshlps ...... 4-8 variations. ever since . In the 1980s. PLANNING AND DECISION during digestion of the hard lessons of MAKING...... 4-10 Vietnam. the services ... adopted [the] Planning...... 4-11 concept of an intermediate level of war. Functions of Staffs ...... 4-11 The Military Decision Making between the strategy from Washington Process...... 4-12 and the tactics of the battlefields. Decision Making in a Time- Operational art received its foml Constrained Environment..... 4-18 designation in the 1982 version of the SJA Planning. Decision- Army's Field Manual 100.5. with the Making. and Orders...... 4-20 other services closely following . The LEGAL SUPPORT IN THEATER ..... 4-21 Introduction...... 4-21 present flowering of joint doctrine. still Overseas Presence and Force in progress. has been marked in Projection...... 4-21 Congress by the passage of thh Legal Support in Theater ...... 4-23 Goldwater-NicholsAct in 1986. At last. The United States as a the United States has begun to place in Theater...... 4-24 Technical Channels...... 4-24 print ideas and techniques in ferment 4-25 since the time. of Lincoln and Grant ... MATERIEL...... Legal. . Automation ...... 4-25 Moblllty...... 4-28 Lieutenant Colonel Daniel K.Bolger Communications...... 4-29 Savage Peace"' TRAINING...... 4-30 Principles of Training ...... 4-30 Mission Essential Task Lists... 4-32 Planning for Training ...... 4-35 LEGAL SUPPORT AND SPECIAL OPERATIONS...... 4-36 Legal Support and Special Operations...... 4-38 Legal Support and Civil Affairs 4-39 Though many Law of War problems arose, . . . judge advocates [in theater] also dealt with a signGcant number of other legal issues. . . .As so aptly stated by one judge advocate involved, somewhat tongue-in-cheek, "You can only tell the C.O. that he can't shoot the prisoners so many times. You reach a point at which when the boss has run out of beans and bullets, has certain equipment requirements, and has the locals clamoring to be paid for property damage, you have to be prepared to provide the best possible legal advice concerning these issues as well. "

Lieutenant Colonel David E. Graham Operational Law-A Concept Comes of Age1"

4.1 THETHEATER Accordingly, judge advocates must have a detailed understanding of the terms, Operational art is best understood distinctions, and structures of command within the context of a theater, a and coordination associated with theater geographical area outside the continental operations. They must also understand United States for which a Commander- several separate but complementary in-Chief (CINC) of a unified command relationships of command, control, and has been assigned military support that are exercised within re~ponsibility.'~~The theater is the theaters. setting within which United States P commanders determine when, where, 4.1.1 Kev Terms and Distinctions and for what purpose major forces will be committed. It is the setting into Theaters may be described as either which forces are deployed and later continental, i.e., European Command inserted into or withdrawn from (EUCOM), Central Command operations. It is the setting within which (CENTCOM) or Southern Command optimal effect can be made of the (SOUTHCOM), or maritime, i.e., resources of personnel, materiel, and Pacific Command (PACOM), or littoral time because the commander is based on their dominant geographic consciously employing them to achieve characteristic^.'^^ A unified combatant desired strategic ends.lZ4 commander who has a geographic area of responsibility-recall that the ClNCs Legal support to operations is the of Transportation Command comprehensive set of professional legal (TRANSCOM), Special Operations functions and disciplines needed to Command (SOCOM), Strategic support worldwide operations. Due to Command (STRATCOM), and Space the modem national security structure of Command (SPACECOM) do not-is the United States, these worldwide also referred to as a theater operations involve military forces commander.lZ6 United States Joint projected into and within theaters. Forces Command (USJFCOM), formerly Legal Support to Operations

Atlantic Command (ACOM), maintains boundary was the CZ. The CZ is the its Atlantic area of responsibility. area required by operational and tactical 2l.V. forces for the conduct of operations. Because unified commands were The depth of the CZ depends on the created following World War II to forces involved, the nature of planned integrate the separate services into an operations, the lines of communications, efficient warfighting tearn,lZ7a CINC's the terrain, and enemy capabilities. theater is sometimes called a theater of Normally, the CZ is divided into corps war, regardless whether combat and division areas. operations are taking place within it. This theater of war may be subdivided Noncombat contingencies and into subordinate theaters of operations, contingencies that involve sporadic or which may be further subdivided into isolated combat create the need for areas of operations (AO). The CINC alternatives to the CZ device. A has great freedom to organize his contingency is "[a]n emergency theater, and he will frequently designate involving military forces caused by other areas of significance, such as joint natural disasters, terrorists, subversives, operations areas (JOA), joint zones or by required military operations."129 (JZ), and joint rear areas (JRA). Contingencies cause CINCs to designate areas of conflict (AOC), geographic 4.1.2 Communications Zone and areas where hostilities are imminent, and Combat Zone areas of assistance (AOA), areas where forces conduct humanitarian assistance One traditional organizational device or other support operations divides the theater of war into a - communications zone (COMMZ) and a combat zone (CZ). The COMMZ and Commanders, SJAs and other Army the CZ are contiguous and do not leaders deploying forces to a theater of overlap.128The COMMZ is the rear part operations must understand yet another of a theater of operations, and it contains distinction. A developed or mature the lines of communications, air and sea theater is typically one in which the ports, establishments for supply, United States has an existing overseas maintenance, field services, personnel presence, to include a support structure support, health services and evacuation, of communications, logistics, air and other agencies required for the defense, ports, etc. An undeveloped or immediate support and maintenance of immature theater lacks one or more of the field forces. The COMMZ reaches these features. When projecting force to back t6 &e. continental United States or an immature theater, leaders must to ano~;d~c'sarea of responsibility. choose between creating a support base in the theater or operating with external The CZ is the territory forwe of the support.131 COMMZ. In the European theater, the boundary line falls at the Army group rear boundary: that is, everything forward of the Army group rear 4.1.3 Strate~v combatant commanders; establishes their missions, responsibilities,and force The President, in collaboration with structure; delineates the geographical several executive branch departments boundaries of CINC areas of and agencies, develops the National responsibility (related but technically Security Strategy. In turn, the Chairman distinct from theaters of war); and of the Joint Chiefs of Staff develops the specifies functional responsibilities for National Military Strategy to assist the functional combatant commanders. President and the Secretary of Defense (who are called the National Command 4.1.4 Structuresof Command and Authorities or NCA) in directing the Coordination. armed forces toward broader national security goals. Operations within a theater are invariably joint and often multinational. Currently, the National Military They also often involve many Strategy describes two fundamental governmental agencies, strategic military objectives derived nongovernmental organizations, and from the National Security Strateg~.'~~ private organizations. Judge advocates cannot practice operational law without Promote peace and stability through knowing the various key players in a deterrence, peacetime engagement theater and the structures through which activities, and active participation the CINC orchestrates unified action and leadership in alliances; and, among them. Judge advocates may when necessary, consult the Joint Staff Officers Guide, Defeat adversaries. Armed Forces Staff College Publication 1 (1997) for further information. The overlapping and interrelated Unified action is the wide scope of strategic concepts that allow the military actions-including the synchronization to achieve these objectives are strategic of military activities with those of agility, overseas presence, power governmental and nongovernmental projection, and decisive force, which agencies-taking place in a theater. are discussed more fully later in this Unified action integrates combinations chapter. of single-service, joint, multinational and interagency activities to achieve a The CINCs develop theater strategies military end state that supports the consistent with the two national strategic strategic end state.134 documents. The development of theater strategy imolves careful analysis of the 4.1.4.1 Joint METT-TC unique to the theater.'33 The term joint, as the definition of The development of separate theater joint task force implies, refers to military strategies permits the creation of a actions involving -two or more military Unified Command Plan (UCP). The departments: Army, NavyIMarine President approves the UCP, whch sets Corps, Air Force. It may also refer to the forth basic guidance to all unified actions of two or more elements of the Legal Support to Operations same service that are commanded by as defined by the Joint Force separate CINCs, such as Army Commander (JFC), a generic term for a mechanized infantry and Army special commander of the various joint forces forces. outlined in the previous section of this chapter. JFCs may delegate targeting A joint task force (JTF) consists of oversight functions to a subordinate elements of two or more services (Air commander, or they may establish a Force, Army, Navy, Marines) operating Joint Targeting Coordination Board under a single commander. The (JTCB) within their staff either as an Secretary of Defense (SECDEF), as well integrating center for this effort or as a as the CINCs, may establish JTFs, which JFC-level review mechanism. While the are created to perform theater missions JTCB maintains a campaign-level having specific limited objectives or perspective-and thus is not involved in missions of short duration. selecting specific targets and aim points or in developing attack packages-an There are other types of joint OPLAW JA must serve on this board. command. One of these is the subordinate unified command, which, There are many other examples. For unlike a JTF, has broader, enduring instance, the JFC may establish a series objectives or missions. Examples of of joint logistics centers, offices, and subordinate unified commands are boards to coordinate the joint logistics Alaskan Command (ALCOM), U.S. effort. Judge advocates may be called Forces Japan (USFJ), and U.S. Force upon to furnish legal advice to these Korea (USFK), all of which fall within organizations, which include the the area of responsibility of CINC following: PACOM. Another type of joint force that a CINC may create within a theater Joint Transportation Board. is the functional component command, Joint Movement Center . which focuses on operational Joint Petroleum Office. responsibilities that cut across service Joint Civil-Military Engineering lines. The four types of functional Board. component commands are the Joint Joint Facilities Utilization Board. force land component command CINC Logistic Procurement Support (JFLCC), the Joint force air component Board. command (JFACC), the Joint force Theater Patient Movement maritime component command Requirements Center. (JFMCC), and the Joint force special Joint Blood Program Office. operations component command Joint Mortuary Affairs Office. (JFSOCC). Joint Materiel Priorities and Allocation Board. The judge advocate will encounter a great number and variety of joint boards, 4.1.4.2 Multinational (Combined) cells, and other joint organs within a theater. For instance, land forces The term multinational describes participate in the joint targeting process operations conducted by more than one nation. The term used within the North that coordination was established in the Atlantic Treaty Organization (NATO) National Security Act of 1947. National for multinational operations is level oversight of the interagency

"combined," ' which means "[b]etween process comes from the National two or more forces or agencies of two or Security Council. Detailed guidance for more allies."135 Multinational operations Interagency Coordination During Joint take place within alliances, such as Operations is in JOINTPUBLICATION3- NATO, or coalitions. 08: INTERAGENCYCOORDINATION DURINGJOINTOPERATIONS,Volumes I 0 An alliance is a result of formal and II (9 October 1996). agreements between two or more nations for broad, long-term A key vehicle for interagency objectives. Alliances may afford the coordination is the Country Team, a participant nations the time to body headed by the Chief of Mission, establish formal, standard the senior United States diplomat in a agreements for broad, long-term foreign country and usually someone objectives. Alliance nations strive to holding Ambassadorial rank in the field compatible military systems, United States foreign service.136 establish common procedures, and Because a representative of the United develop contingency plans to meet States Agency for International potential threats in a fully integrated Development (USAID) typically serves manner. in the Country Team, and because A coalition is an ad hoc arrangement USAID has a lead role in coordinating between two or more nations for the efforts of NGOs and PVOs in foreign common action. Nations usually lands, these organizations also fall under form coalitions for focused, short- the umbrella of interagency term purposes. In successful coordination. However, United States coalitions, all parties agree in military forces coordinate directly with commitment, even if the resources NGOs and PVOs, often through the each invests are disproportionate. vehicle of a Civil-Military Operations While each nation has its own Center (CMOC) or Humanitarian agenda, each also brings value to Operations Center in a disaster relief the coalition, perhaps solely to add operation. legitimacy to the enterprise. 4.1.4.4 The Army in a Theater Command 4.1.4.3 Interagency A major component of the concept The term interagency describes of modem theater operations is this: activity between or among the military when the Army operates outside the departments, the combatant commands, United States, the area to which the and one or more nonmilitary executive Army forces deploy is the responsibility departments or agencies. Interagency of a unified combatant commander. He coordination rests on principles in the provides strategic direction and Constitution, and a process governing operational focus to his forces by Legal Support to Operations

developing strategy, planning the theater control (ADCON), which is subject to campaign, organizing the theater, and the combatant command (COCOM) establishing command relationships for authority vested in all combatant effective unified action. commanders.

Where combatant commanders have Each unified and subordinate unified a continuing requirement for land command includes an ASCC, which combat power or support, Army forces consists of the ASCC commander and are assigned to their respective all those elements under his command. commands. In addition to forces The ASCC commander maintains the assigned in peacetime, a document ADCON link between his forces and called the Joint Strategic Capabilities Department of the Army; Plan (JSCP) apportions major Army simultaneously,the ASCC maintains the forces by type to a CINC for deliberate operational link with the theater CINC planning. In response to crises or actual (i-e., COCOM link). The ASCC plans situations, Army forces are allocated to and executes support operations to the CINC. The combatant commander sustain ARFOR within the theater (Title responding to a crisis rarely has 10 U.S.C. Chapters 303 and 305), and sufficient Army units assigned to meet provides support to other services in operational requirements. The SECDEF accordance with executive agent through CJCS directs other CINCs to responsibilities (Title 10 U.S.C. Chapter support the engaged combatant 6). commander with augmentation forces. Augmentation forces pass to the ASCC responsibilities are described command of the supported CINC at a in Joint Pub 0-2, Unified Action Amed specific location or circumstance, Forces. Operational responsibilities designatedtransfer of authority (TOA). include: Recomm\ending to the CINC or Army forces in a joint force operate subunified commander the proper within a single chain of command that employment of Army component has two distinct branches-one for forces. operations and another for Accomplishing operational missions administration and logistics. The as assigned. Secretary of the Army is responsible for Selecting and nominating specific the administration and support of all units of the Army for assignment to ARFOR-a term that denotes Army subordinate theater forces. headquarters and forces assigned to a Informing the CINC of Army joint force commander or multinational logistics support effects on command. The Secretary of the Army operational capabilities. fulfills this responsibility through the Army service component command Providing data to supporting operation plans as requested. (ASCC) aligned with each of the combatant commands. The ASCC Ensuring signal interoperability. provides support to the Army Forces (ARFOR) through administrative Army commanders at all levels are assigned missions. This authority responsible to the ASCC for conducting enables the CINC to organize and Army-specific functions such as internal employ his commands and forces, administration, discipline, training, assign tasks, designate objectives, normal logistics functions, and for and give authoritative direction over service intelligence matters and all aspects of military operations, oversight of intelligence activities to joint training, and logistics ensure compliance with laws, policies, necessary to accomplish the and directives. assigned missions. The CINC normally exercises COCOM 4.1.5 Command. Control, and through his service component Su~portRelationships commanders. COCOM is not transferable. The distinction between COCOM to Operational Control. Commanders ADCON is better understood within the at or below the combatant context of the full array of command, commander exercise operational control, and support relationships. Four control (OPCON). OPCON is of the relationships stem from what are inherent in COCOM and is the known in joint doctrine as "command authority to perform the functions of authorities." command over subordinate forces. Combatant Command The CINC may delegate OPCON to Operational Control his subordinates. OPCON is the Tactical Control most authority with which Support subordinates can direct all aspects of military operations and joint The three additional relationships training needed to accomplish any stem from other authorities. assigned mission. A commander with OPCON may control forces Coordinating Authority from one or more services. OPCON Administrative Control does not normally include the Direct Liaison Authorized authority to direct logistics, administration, discipline, internal Practice of operational law requires organization, or unit training. The familiarity with this full array. service component commander retains his service responsibility and Combatant Command. COCOM is authority for forces under OPCON the command authority authorized of another command. Judge by Title 10, U.S. Code, Section 164, advocates must be aware of how the or as directed by the President in the U.S. and North Atlantic Treaty UCP to combatant command Organization (NATO) use the term commanders (unified or specified). and must not interchange the U.S. COCOM provides full authority to sense with the NATO sense. The organize and employ commands and NATO term OPCON more closely forces as the combatant commander resembles the U.S. definition of considers necessary to accomplish TACON. -Legal Support to Operations

Tactical Control. The CINC uses coordination and efficiency. The TACON to limit the authority to supporting commander is direct the tactical use of combat responsible for ascertaining the forces. TACON is authority needs of the supported commander. normally limited to the detailed and The supporting commander must specified local direction of fulfill those needs from within the movement and maneuver of the existing capabilities, priorities, and tactical force to accomplish an requirements of other assigned assigned task. TACON does not tasks. The categories of support are provide organizational authority or general, mutual, direct, and close. administrative and support General Support. responsibilities. The service General support provides component continues to exercise designated support to an these authorities. entire supported force and Support. The CINC identifies not to any particular support relationships for one force subdivision. General support to aid, assist, protect, or logistically is the most centralized support another force. The support relationship. For supporting force gives the needed combat units, this support to the supported force. relationship provides the Establishing supported and most flexibility for supporting relationships between influencing the battle during components is a useful option to conduct of operations and is accomplish needed tasks. This used when the enemy concept applies equally to all situation is unclear. It is more dimensions of the joint force commonly used in the organized by the CINC. Each defense than the offense. subordinate element of the joint Mutual Support. Mutual force can support or be supported by support describes actions that other elements. Normally an units provide one another establishing directive is issued to against an enemy because of specify the purpose of the support their assigned tasks, their relationship, the effect desired, and positions relative to one the scope of the action to be taken. another and to the enemy, Joint Pub 0-2 states, "Unless limited and their inherent by the establishing directive, the capabilities. commander of the supported force will have the authority to exercise Direct Support. Direct general direction of the supporting support provides designated effort." The execution of general support to a specific force direction includes the designation and authorizes the supported and prioritization of targets or force to seek this support objectives, timing and duration of directly. The supporting force the supporting action, and other provides support on a priority instructions necessary for basis to the supported force. Also, the supporting force authority does not compel any may provide support to other agreements. forces when it does not jeopardize the mission or put Administrative Control. the supported force at risk. Administrative Control (ADCON) is The authority to accomplish the direction or exercise of authority support of other than directly necessary to fulfill military supported forces rests with department statutory responsibilities the higher tactical or for administration and support. operational commander but ADCON may be delegated to and also may be delegated. An exercised by service commanders at example of this support is any echelon at or below the service when the elements of a component commaiid. The general support artillery secretaries of military departments brigade assigned a direct are responsible for the support mission are diverted administration and support of their temporarily to support a force forces assigned or attached to other than the designated unified commands. The secretaries force. fulfill this responsibility by Close Support. The exercising ADCON through the fourth alternative, close service component commander of support, is that action of the the unified command. ADCON is supporting force against subject to the command authority of targets or objectives that are the combatant commander. sufficiently near the supported force as to require Direct Liaison Authorized. Direct detailed integration or Liaison Authorized (DIRLAUTH) is coordination of the the authority granted by a supporting action with the commander at any level to a fire, movement, or other subordinate commander to actions of the supported coordinate an action directly with a force. command or agency within or outside the command. DIRLAUTH Coordinating Authority. is a coordination relationship, not a Coordinating authority is a command relationship. consultation relationship between commanders, but not an authority to 4.2 PLANNING AND DECISION- exercise control. The CINC and MAKING other subordinate commanders designate coordinating authority to The practice and delivery of legal assist during planning and support in theater operations require full preparation for actual operations. participation of legal personnel in the The CINC specifies coordinating planning and decision-makingprocesses authority to foster effective of their commands. It also calls upon coordination; however, coordinating SJAs and DSJAs to adhere to time- Legal Support to Operations

honored principles in their own planning Strategic end state. and decision-making. This part of the Objectives. chapter outlines these processes and Lines of operation. principles. Mission Commander's intent 4.2.1 Planning Concept of operations Battlespace The art of planning is not to predict, Rules of engagement but to anticipate. The most certain way to constrain unpredictability is to seize 4.2.2 Functions of Staffs the initiative, maintain the momentum, and exploit success. Setting the terms of All staffs perform five common battle at the outset and never letting the functions: enemy recover should be the aim of every plan for offensive and defensive Providing Infomation-The staff operations. Every success must be collects, collates, analyzes, and exploited, and every exploitation must disseminates information that flows lead to the next success. Planning, into the headquarters. The staff therefore, never loses its focus on rapidly processes and provides execution. The plan is a continuous, significant elements of this evolving framework that maximizes information to the commander. The opportunities -- a point of reference staff is always sensitive to changes rather than a blueprint. Because the in the battle that may warrant the planning process itself generates commander's attention. common understanding, planning has a Making Estimates-The staff value that extends beyond the plan itself. prepares estimates to assist the commander in decision-making. A Success in planning rests on the staff estimate consists of significant ability to accomplish four tasks: facts, events, and conclusions (based Understand the full scope of the on current or anticipated situation) situation. and recommendations on how Analyze the situation to discern what available resources can be best used. is important -- the key elements of Efficient planning depends on operational design. continuing estimates by staff Devise simple, effective, and flexible officers. Failure to make these plans. estimates may lead to errors and Prepare the force to execute those omissions in the development of a plans. course of action. Making Recommendations- Staff According to Field Manual 100-5, officers make recommendations to Operations, plans reflect a fundamental assist the commander in reaching operational design-a linkage of ends, decisions and establishing policies. ways, and means. Key conceptual tools Staff officers also offer that express this design include: recommendations to one another and to subordinate commanders. In the decision is necessary. Good decisions latter case, recommendations are for result from a logical and orderly process assistance only; they do not cany that consists of: implied command authority. Recognizing and defining the Preparing Plans and Orders- The problem; staff prepares and issues plans and Gathering the facts and making orders to carry out the commander's assumptions needed to determine the decisions, ensuring coordination of scope of and the solution to the all necessary details. The problem; commander may delegate authority Developing possible solutions to the to staff officers to issue plans and problem; orders without his personal approval. Analyzing and comparing possible Supervise the Execution of solutions; and Decisions-The staff assists the Selecting the best solution to the commander by ensuring that problem. subordinates carry out the command decision. Staff supervision relieves Military command posts typically the commander of much detail, apply this basic decision-making and keeps the staff informed of the problem-solving model in two contexts: situation, and provides the staff with first, when they are preparing estimates the information needed. of the situation prior to issuing an operations plan or order, and, second, when they are preparing staff studies in At battalion level and higher, the search of solutions to specific problems. commander is authorized a staff to assist The estimate is the principle problem- him. Field Manual 101-5, Staff solving vehicle in tactical and Organization and Operations contains operational settings; the staff study is the detailed guidance on the composition, norm in administrative settings. This organization, and functions of military section discusses only the former. staffs and on the preparation of plans and orders. The Joint Operations Estimates. The estimate of the Planning and Execution System situation involves collection and (JOPES) contains similar guidance for analysis of relevant information for joint staffs. developing, within the time limits and available information, the most effective 4.2.3 The Militarv Decision Making solution to a problem. The staff officer Process prepares a staff estimate in order to provide conclusions and Decision-Making. Decision-making recommendations to the commander. is part of operational art. A commander The commander uses a commander's and staff will continually face situations estimate to arrive at a decision. involving uncertainty, questionable or Estimates may be written, but are incomplete data, and multiple usually a mental process following the alternatives. They must determine not problem-solving format outlined above. only what to do, but also whether a Legal Support to Operations

Army doctrine calls upon commanders commanding officer. Even before and staffs to revise estimates closely analyzing the mission, the continuously-throughout the military commander at this point may seek more decision making process-as factors infomation about the current situation affecting the operation change, as new and about the mission itself, and he may facts are recognized, as assumptions are or may not ask the staff to assist him at replaced by facts or are rendered invalid, this early point. or as the mission changes. Mission Analysis. The commander Staff estimates analyze the influence then conducts a rather formal mission of factors within particular staff officers' analysis so as to obtain a clear fields of interest on the accomplishment understanding of what it is he is being of the command's mission. In asked to do. Mission analysis involves coordination with other staff officers, identifying the tasks that must be the officer preparing an estimate performed, the purpose to be achieved develops feasible courses of action, and through accomplishing the assigned then analyzes and compares those tasks, and the limitations on his unit's feasible courses of action. The results actions, if any. Some tasks will be are conclusions and recommendations. specified in the operation plan or order received from higher headquarters. These conclusions are presented to Other tasks may be implied. The the commander, who thus may hear a limitations a commander may discern personnel estimate, an intelligence will include a variety of constraints upon estimate, an operation estimate, a either the operation or the planning logistic estimate, a civil-military process. Examples are phrases in a operations estimate and any other higher headquarters order that specify desired staff estimates before arriving at "Be prepared to . . . ," "Not earlier than . his own estimate. The commander bases . . ," "Not later than . . ." Time is a his estimate on the METT-TC, on frequent limitation. personal knowledge of the situation, on ethical considerations, as well as on the Restated Mission. The restated staff estimates. The result is a decision, mission is what results from the which can be incorporated into a plan or commander's mission analysis. It order and then executed by subordinate becomes the basis of the commanders units. and staff estimates. If these are written, it is paragraph 1. Later, when the Receipt of Mission. The parallel commander issues the operation plan or estimates developed by staff and order, this restated mission will be commander are the heart of the elaborate paragraph 2 of that document. decision-making process. The decision- making cycle begins upon receipt of a Planning Guidance. The mission, which the higher headquarters commander may provide planning assigns or the commander simply guidance to the staff when he announces deduces from formal or informal his restated mission or at any other point communications with his senior in the process. The goal is to provide a common point of departure for the executive officer ensures that staff different staff elements without estimates are coordinated, that introducing bias into their estimates. He differences of opinion are identified and may, for instance, issue definite resolved, and that only issues requiring guidance on whether and how a the commander's personal attention are particular weapons system will be used. presented to him for decision. However, He may request that a particular course he must take great care not to gloss over of action be developed or eliminated or compromise genuine issues for the altogether. The frequency, amount, and sake of presenting a common option to content of planning guidance will vary the commander. In some units, the with the mission, time available, Chief of Staff consolidates the various situation, information available, and staff estimates and presents one overall experience of the commander and the staff estimate to the commander. The staff. Courses of Action contained in the estimates are war gamed to determine Course of Action Development. strengths, weaknesses, and details. Relying upon the restated mission, any planning guidance, and estimates, the Course of Action Comparison and coordinating staff officers then prepare Selection. The commander considers courses of action. The ongoing estimate modifying the courses of action process is interactive within a particular evaluated in the staff estimates and war decision cy~1e.l~~ Staff officers gamed, and then, if necessary, returns exchange information while them for another round of analysis and concurrently analyzing how relevant comparison by the staff. If satisfied factors from their disciplines affect the with the courses of action as formulated, courses of action. Furthermore, the the commander is to compare all of the development of courses of action itself is courses of action validated by the staff interactive. The operations officer (U- as feasible. Then he makes a decision 3/J-3/G-31s-3) will frequently sketch the by adopting the one he thinks is optimal. tentative schemes of maneuver and supporting fires (see section below on Course of Action Approval. Having plans and orders) he is considering as decided on a course of action to part of the operations estimate. The accomplish the mission, the commander intelligence officer (U-2/J-2/G-2/S-Z) or announces his decision and concept to logistics officer (U- 4lJ-4lG-41s-4) key members of the staff. Subordinate might quickly identify one of these commanders may also be present. The schemes of maneuver as not feasible,138 concept is the commanders description enabling another course of action to be of how he visualizes the conduct of the developed before a series (usually three) operation. The commander may of courses of action is formally announce his decision and concept incorporated into the staff estimates that orally and in sufficient detail so staff are briefed to the commander. officers and subordinate commanders understand what they must do and, if Course of Action Analysis (War necessary, can execute the operation Gaming). The chief of staff or without further instructions. Legal Support to Operations

give subordinates maximum time for The staff prepares and issues a plan preparation. They have no or order that expresses the commander's prescribed format but should contain decision and concept of the operation. four essential elements-the Plans and orders may be under constant addressees, the nature of the refinement from the moment they are operation, the time of the operation, issued. After a decision is transmitted to and the time and place the OPORD units for execution, facts and situations or OPLAN is to be issued. that pertained when the order was The third type is the jkagmentary published may change. The order (FRAGO). A FFL4GO is commander, the staff, and subordinate normally used to issue supplemental commanders and staff receive feedback instructions to a current OPORD through reports and personal while the operation is in progress. It observations, and they use feedback to may be written but often is oral. evaluate whether the mission is Although doctrine prescribes no understood and, later, whether it is being format for the FRAGO, commands accomplished. typically write them in the basic format of the five-paragraph Plans and Orders. The staff OPORD to prevent confusion. The develops an operation plan (OPLAN) OPLAW JA must have timely access from the course of action selected by the to FRAGOs to ensure compliance commander, specifying that at a with the LOW, ROE, and other legal particular time or under certain requirements. conditions that OPLAN will be issued as an operation order (OPORD). When The fourth type is the service forces are to conduct an operation support order (SSORD). The immediately, the staff prepares an SSORD provides the plan for service OPORD without putting it on the shelf support of operations, including as an OPLAN. Army doctrine recognizes administrative moveinents. It five distinct types of combat orders. provides information to supported elements and serves as a basis for the The operation order (OPORD)is orders of supporting commanders to the first type. It gives subordinate their units. SSORDs may be issued commanders the essential either with an OPORD or separately, information needed to carry out an when the commander expects the operation, namely, the situation, the CSS situation to apply to more than mission, the commander's concept, one operation plan or order. At the assignment of tasks, and the division and corps levels of support and assistance to be command, the SSORD may replace provided. an OPORD's service support annex. The second type is the warning If that happens, the staff refers to the order (WARNO). A warning order existence of the SSORD in gives preliminary notice of actions paragraph 4 of the OPORD. or orders that are to follow. The The fifth type of combat order is the purpose behind a warning order is to movement order. The movement order is a stand-alone order that execute unit-specific techniques and facilitates an uncommitted unit's procedures that commanders standardize movement. The movements are to enhance effectiveness and flexibility. typically administrative, and troops Commanders and other leaders use and vehicles are arranged to SOPs to standardize routine or recurring expedite their movement and to actions not needing their personal conserve time and energy when no involvement. They develop SOPs from enemy interference (except by air) is doctrinal sources, applicable portions of anticipated. Normally, these the higher headquarters' published movements occur in the procedures, the commander's guidance, communications zone. The G4 (S4) and techniques and procedures has primary coordinating stafT developed through experience. The SOP responsibility for planning and must be as complete as possible so that coordinating movements. However, new arrivals or newly attached units can he receives assistance from other quickly become familiar with the unit's coordinating and special staff normal routine. In general, SOPs apply officers (such as the G3 (S3), PM, until commanders change them to meet MP, transportation officers, and altered conditions or practices. The movement-control personnel). The benefits of SOPs include- G4 (S4) is also responsible for Simplified, brief combat orders. preparing, publishing, and distributing the movement order. Enhanced understanding and teamwork among commanders, staffs, and troops. All types of orders should meet general standards of clarity, internal Established synchronized staff drills consistency, and completeness. Orders (battle drills). should use doctrinally-established terms. Established abbreviated or They should be sufficiently detailed to accelerated decision-making permit subordinate commanders to techniques. accomplish the mission without further instructions. They should be sufficiently The operations officer is responsible detailed to permit subordinate for preparing, coordinating, commanders to know what other units authenticating, publishing, and are doing. They should be focused on distributing the command's tactical and essential tasks. They should not limit administrative SOP, with input from the initiative of subordinate other staff sections. There is no commanders by prescribing details of prescribed form, but subordinate unit execution that iie within their province. SOPs should follow, insofar as possible, They should not include qualified the form of the next higher headquarters directives such as "try to hold," or "as SOP. far as possible." The Operation Order. The body of Standing operating procedures the basic OPORD consists of the task (SOPs) are indispensable to effective organization and five main paragraphs. orders. SOPs detail how forces will' The task organization indicates the -Legal Support to Operations internal ordering of elements for commander visualizes achieving accomplishing a specific mission as well those results. It also describes the as the command relationships between disposition and condition of the units. command following mission accomplishment. Paragraph 1 (Situation) of the OPORD always contains three P Subparagraph 3a, the concept of subparagraphs: enemy forces, the operation, is the same friendly forces, and attachments and commander's concept articulated detachment. OPLANS contain a following estimates during the fourth subparagraph: assumptions. decision-making process The purpose of paragraph 1 is outlined above. It is a word simply to give an overview of the picture of how an operation is to general situation so subordinate be executed with sufficient detail commanders have an understanding to ensure appropriate action by of the environment in which they subordinates. It includes the will be operating. This paragraph scheme of maneuver, which contains no orders. Paragraph lb addresses the placement and contains the mission of the higher movement of major maneuver headquarters, the missions of the elements. It also provides the units on the left and right, the primary mission of each missions of the units to front and maneuver element. The fires rear, and the missions of other portion of this subparagraph elements supporting the higher contains a brief summary of all headquarters mission. critical fires that will support the scheme of maneuver. The Paragraph 2 (Mission) is a clear, concept subparagraph also may concise statement of the task to be address civil affairs, intelligence, accomplished. It contains the who, electronic warfare, engineers, what, when (date-time group), where and other support crucial to (generally grid coordinates) and maneuver. why. As mentioned in the previous section, the mission statement is the P Subparagraph 3b, tasks to restated mission generated by the maneuver units, lists units that commander's mission analysis. The are organic, attached or OPCON mission statement does not contain to the issuing headquarters. subparagraphs. Each maneuver unit is listed in a separate subparagraph in the Paragraph 3 (Execution) contains order in which each was listed in the guts of the OPORD-the the task organization. Missions commander's intent and four - or tasks not listed in the concept subparagraphs. The commander's of operation are stated clearly intent states why the force has been and concisely. This tasked to accomplish its assigned subparagraph does not state tasks missions, what results are expected, if those tasks are shown how they facilitate future operations, graphically on an operation and in broad terms, how the overlay that may be annexed to 9 Subparagraph 5b contains the OPORD. Nor does it state mission- specific information tasks that appear in the pertaining to communications. coordinating instructions As a minimum, it must contain subparagraph. an index of the signal operation 9 Subparagraph 3c, tasks to instructions (SOI). combat support units, is self- explanatory. Annexes are separate documents attached to plans and orders. They 9 Subparagraph 3d, coordinating provide details in specific areas without instructions, contains instructions and details complicating the basic order. An applicable to two or more appendix amplifies a particular annex. subordinate elements. Rules of Annexes and appendices use the five- engagement may be listed here, paragraph operation order format when as well as in an annex to the to do so makes sense. The mission OPORD. paragraph of each annex prescribes the mission of the units or elements Paragraph 4 (Service Support), performing the actions directed within contains a statement of the logistical the annex. Annexes are lettered and personnel arrangements in alphabetically using capital letters. support of the operation that are of Appendices are numbered serially with interest to supported units. Lengthy Arabic numerals. Rules of engagement details may be included in an annex for the operation are contained in Annex and referenced here. At division E to the OPLAN or OPORD, while legal and higher levels of command, support matters are contained in reference frequently will be made to Appendix 4 to Annex I (Service an admidlog order. S~pport).'~~ Other annexes and Paragraph 5 (Command and Signal) appendices in the OPORD may contain contains information pertaining to important information for legal command and control of the unit. personnel. 9 Subparagraph 5a, command, 4.2.4 Decision ma kin^ in a Tirne- includes the locations of the Constrained Environment. three command posts (tactical, main, and rear) of the issuing The two sections immediately unit, axis of displacement (if not preceding this one describe what is shown graphically on an referred to today as the Military accompanying overlay), and the Decision-Making Process (MDMP). location of the command group, This deliberate model was the only one as well as the location of the taught by the Army to its officers in the alternate command posts. This 1980s. Today, the MDMP remains the subparagraph may also contain preferred process for analyzing in detail liaison requirements if these are a number of friendly force options different from those stated in the against the full range of reasonable and SOP. available enemy options. It is preferred Legal Support to Operations for developing an OPLAN when time is The second technique is for the relatively unconstrained. It remains the commander to become more direct in his subject matter for baseline instruction on guidance, limiting options. This saves decision-making in the Army's system the staff time by focusing members on for leader development and reflects those things the commander feels are time-honored principles. However, the most important. Army recognizes a modified version of the MDMP for use in decision cycles The third technique, and the one that that occur after operations commence. saves the most time, is for the Some refer to this as the "combat commander to limit the number of decision- making process" or "CDP," COAs developed and war gamed. In although the MDMP remains the only extreme cases, he can direct that only doctrinally recognized "process." The one course of action be developed. The CDP is best understood as selectively goal is an acceptable COA that meets shortening the MDMP without mission requirements in the time substantially changing it. In theory, the available, even if it is not optimal. MDMP is not intended to be a rigid, lockstep approach to arriving at a The fourth technique is maximizing decision;140 in practice, it may become parallel planning. Parallel planning unwieldy, particularly when faced with means that several echelons conduct the an enemy commander who may gain MDMP at the same time.'" Although great advantage by shortening his parallel planning is the norm, decision cycle. maximizing its use in a time-constrained environment is critical. In a time- The CDP strives to prevent the constrained environment, the importance commander- as military operations of warning orders increases as available involve ever more technical and time decreases. A verbal warning order complex systems-from being submerged now is worth more than a written order in vast oceans of information generated one hour from now. The same warning by the staff. The CDP seeks to give the orders used in the full MDMP should be commander the information he truly issued when the process is abbreviated. needs. It seeks to produce decisions that In addition to warning orders, units must are "close enough" and have the virtue share all available information with of being quickly made and passed onto subordinates, especially Intelligence subordinates for decentralized Preparation of the Battlefield (IPB) execution. products, as early as possible.

The CDP abbreviates the MDMP While the steps used in a time- using four primary techniques.141 The constrained environment are the same, first is to increase the commander's many of them may be done mentally by involvement, allowing him to make the commander or with less staff decisions during the process without involvement than during the full waiting for detailed briefings after each process. The products developed when step. the process is abbreviated may be the same as those developed for the full process; however, they may be much What are the opportunities of the less detailed and some may be omitted enemy and how can we deny altogether. them? What are our opportunities and One iknportant feature of the CDP is how can we exploit them? emphasis on the Commander's Critical Do we need to change our Information Requirements (CCIR). The concept? Task organization? CCIR are developed and refined Mission? beginning at the mission analysis step of the MDMP,143 but their role is Paragraph 3d of the OPORD contains particularly central to the CDP. CClR the CCIR. enable the commander to reduce the abundant information generated during 4.2.5 SJA Planning, Decision- operations to a useable amount. They Makine, and Orders. identify unknown items of information that are so crucial to the commander's The SJA also adapts the same decision-making process that knowledge orderly processes used by the command or ignorance of them will directly affect to plan, decide, and issue orders success in the operation. By definition, regarding the section's practice and the CCIR ensure that information delivery of OPLAW. The SJA assists the transmitted to the commander is planning, decision- making and orders meaningful to him and can be processed processes of the command through the by him prior to making a decision, even OPLAW JA, who reviews all plans and if the decision-making process has been orders for operational law issues, abbreviated. contributes to staff estimates, and otherwise aids in operational design and Typical CCIR include the following execution. In particular, the SJA and questions: DSJA ensure that the section develops and continually revises its SOP, taking Can the unit still meet the every opportunity to separate boilerplate commander'sintent? from truly useful material.'44 An SJA Where is the enemy? Doing section SOP (and each division or team what? How? SOP) must be a living document that is Where are the friendlies? Doing used in day-to-day functions and is what? How? frequently updated. What is the posture of the force in the next 6 hours, 12 hours, The SOPs are always works in etc.? progress. Judge advocates and legal Where will the friendlies be in 6 personnel pour into the SOPs those hours, 12 hours, etc.? checklists and procedures that come out What are the problems of the of their own experience. They must enemy and how can we exploit incorporate information that is built them? upon the experience of others, such as What are our problems and how lessons learned from military operations can we correct them? in Haiti, the Persian Gulf, or the Balkans. Still, the SOPs must be put to Legal Support to Operations the test ,through field application. law" within the Civil Law discipline. Development is a constant and iterative That judge advocate is also principally process. discharging the advocate role. Hence the judge advocate investigating a major 4.3 LEGAL SUPPORT IN allegation of procurement fraud may be THEATER practicing Contract Law within the Civil Law discipline while discharging 4.3.1 Introduction. principally a "judge" role. Hence the Staff Judge Advocate at a CONUS A solid gasp of the theater and installation where advanced individual associated concepts introduced in the training is conducted may be counselor first part of this chapter makes possible to the commander on detailed criminal a more precise understanding of how law issues pertaining to improper legal support is practiced and delivered. relationships between instructors and When Army forces are not actually trainees. In these and countless other conducting operations in a theater, the examples from the daily legal practice of JAGC supports the mission of the Army uniformed attorneys in CONUS, legal and its major commands within CONUS support reverts to its component core to prepare those forces for eventual disciplines. These core legal disciplines employment by a CINC within a theater. also dominate the technical language That preparation is a massive job, and it used to describe that da.practice. consists of everyhng necessary to organize, train, and equip Army forces For the environmental litigator, the "primarily for prompt and sustained procurement fraud investigator, and the combat incident to operations on land" training installation SJA in these and "for the effective prosecution of examples, the terms "legal support to war. "'45 operations" and "OPLAW" serve as reminders of the readiness challenge that The day-to-day mission of underwrites all of their work. It also readiness-organizing, training, and reminds them of the need to remain equipping forces for operations- generally competent across all legal inevitably involves Army commanders disciplines in case their next and judge advocates in legal issues, assignments are to theaters. All judge questions, and cases that may seem only advocates must be prepared to deliver remotely "operational." Judge advocates legal support to operations. serving throughout the major commands of the Army and in the FOAs of TJAG 4.3.2 Overseas Presence and Force will often, properly, conceive of Proiection. themselves as practicing within a narrow portion of a single legal discipline. Force projection follows a general sequence, although stages overlap in Hence the judge advocate defending time and space (for instance, the Army in multibillion-dollar mobilization and deployment may be environmental litigation is practicing continuous and occur simultaneously or "federal litigation" and "environmental sequentially). Force projection includes eight stages,146each of which can be in the absence of both under opposed expected to generate OPLAW issues. or unopposed conditions. Operations Stage. This stage may Mobilization Stage. This is the include the full range of augmentation of active component operations-operations in war, capability in preparation for war or operations other than war, and national emergency. It includes domestic operations. activating all or part of the reserve components as well as assembling War Termination and Post-conflct and organizing personnel, supplies, Operations Stage. This may include and materiel. The mobilization restoring order, reestablishing the system, which is explained in Amy host nation's infrastructure, and Regulation 500-5, The Amy preparing forces for redeployment. Mobilization and Operations Redeployment and Reconstitution Planning System (AMOPS),'47 Stage. This stage removes forces no includes five levels: longer required for post conflict > Selective mobilization. operations, rebuilds unit integrity, > Presidential selected and accounts for soldiers and reserve call-up. equipment. > Partial mobilization. Demobilization Stage. This is the Full mobilization. > process by which units, individuals, > Total mobilization. and materiel transfer from active to Predeployment Stage. Activities in reserve status. this stage ensure units are prepared to execute operations based upon Each of these stages may trigger their designed capability. It may issues from any of the six core legal include weeks or months of disciplines (see Chapter 3). However, equipment refitting or training at a some legal issues are particularly mobilization station. characteristic of certain stages. Thus Deployment Stage. This stage reserve component personnel law issues requires forces to use strategic assets frequently arise in mobilization. and host nation support, if available Conscientious objector applications and to move to the theater of operations. associated legal issues can be expected Force mix, combat capability, and during mobilization and deployment. sustainment must be flexible to Transit agreements, host nation labor effect changes during this operation. laws and other matters sounding in May include use of an Intermediate international, comparative, and foreign Staging Base close to the area of law can be expected in the deployment operations. phase. Rules of engagement and international law will be particularly Forced Entry Stage. Operations in important during the entry phase. Fiscal this stage may be in direct support of law issues may be prominent in post- host nation or forward presence conflict-and so on. forces. Conditions may require entry Legal Support to Operations

4.3.3 Le~alSupport in Theater personnel must be organic and dedicated to these organizations in order to ensure Army legal personnel serve at several responsive, effective OPLAW levels within a theater. Thus the Army Service Component Command (ASCC) Judge advocates assigned to Army and numbered Army include an SJA units within an ASCC must learn the section. The ASCC has overall missions and characteristics of those responsibility for providing and units. Distinctive features and missions sustaining Army forces and conducting abound, but there are common features operations, however, the ASCC that reflect the strategic and operational commander may direct a numbered purposes these units are designed to Army commander to control the conduct serve. This section will describe the of operations. The corps, division, and features of TAACOMsITSCs, ASGs, separate brigade commands subordinate corps, and corps support groups. The to the ASCC also include SJA sections, common features of Army divisions and as do various supporting theater army brigades are discussed in Chapter 5. area commands (TAACOMs) or Theater Theater Area Army Command Support Commands (TSCs), area (TAACOM) or Theater Support support groups (ASGs), army special Command (TSC). A TAACOM, or operations commands, and other units TSC, has three missions. First, it and functional commands (i.e., provides all combat service support, personnel commands, medical except movement control, to units commands, engineer commands, etc.) in located in or passing through its theater. The headquarters of smaller assigned area. This support includes commands of Army forces frequently the provision of legal services to include CJA sections. See generally soldiers and units without organic Chapter 2, which describes generic SJAY legal assets. Second, the OIC, and CJA responsibilities. TAACOWTSC supports the corps with specified logistics support and Army judge advocates may also coordinates area- related functions, advisors serve as legal to theater CINCs, such as populace control, with host or as part of a legal advisor's section. nation elements. Third, the Similarly, they may be assigned to serve TAACOWTSC is responsible for on other joint staffs, such as the staff of rear operations in its assigned area. a Joint Task Force or of a Joint Land The TAACOWTSC accomplishes Component Commander. This is its support missions of supply, particularly common when the Army maintenance, and personnel services commander in one of these joint forces through area support groups (ASG). is also the Joint Force Commander. The staffs of alliance or coalition military Area Support Group (ASG). The organizations also ftequently include number of ASGs in a theater of United StatesArmy judge advocates. operations depends on the size of the COMMZ and the number of troops Regardless of the level at which they supported. Normally, one ASG is serve, judge advocates and other legal assigned to a TAACOMJTSC for every 15,000 to 30,000 troops operations forces also may support receiving support in the COMMZ. corps combat operations as required, The area an ASG supports depends particularly when a corps is on the density of military units and conducting an independent materiel requiring support, political operation. Corps combat service boundaries, and identifiable terrain support organizations are the features. personnel group, the finance group, the corps support command, and Corps. Corps are the largest tactical JAGSOs. units in the United States Army and are the instruments by which higher Corps. Support Command echelons of command conduct (COSCOM). The COSCOM is the maneuver at the operational level. corps' principal logistics The Army tailors corps for the organization. It provides supply, theater and the mission. Once field services, transportation, tailored, corps contain all the maintenance, and medical support combat, combat support, and combat to the corps' divisions and service support required to sustain nondivisional units. The COSCOM operations for a considerable period. is not a fixed organization and Corps consist of a headquarters that contains a mix of subordinate units plans, directs, controls, and as required by the size and coordinates the corps operations and c~~gurationof the corps. the mix of combat, combat support, and combat service support units. 4.3.4 The United States as a Theater The Army Service Component Pomestic O~erations). Commander may assign to the corps divisions of any type required by the This is addressed separately in theater and the mission. Corps Chapter 7. possess support commands and are assigned combat and combat support 4.3.5 Technical Channels. organizations based on their needs for a specific operation. , The command channel is the direct, Nondivisional units commonly official link through which one available to corps to weight their headquarters passes orders and main effort and to perform special instructions to subordinate combat functions include armored headquarters.14' The command channel cavalry regiments, field artillery links one commanding officer to brigades, engineer brigades, air another. A technical channel is a link defense artillery brigades, aviation between two headquarters that transmits brigades, and separate infantry or orders, instructions, advice, armored brigades. Military police recommendations, and information brigades, civil affairs brigades, inappropriate for the command channel chemical brigades, and because of their volume, specificity, or psychological operations battalions routine nature.150 are combat support organizations often found in corps. Special Legal Support to Operations

The practice and delivery of legal ASCC to FORSCOM and then to Army support in operations rely heavily on OTJAG. This channel provided technical channels. As described earlier, valuable guidance on a wide variety of many modern legal problems are legal issues relating to administration complex, demanding expertise and and logistics. information that will only rarely reside at a single echelon of command. Of course, legal issues sometimes Technical channels-particularly when will not fall neatly into command and linked to expertise and information control, sustainment, and personnel available at CLAM0 and TJAGSA- service support categories _Also,many make synergy possible even for judge complex legal issues will require advocates facing problems in distant expertise from several legal disciplines. theaters. In these situations, SJAs achieve synergy on a legal issue by tapping whichever Those judge advocates and their channel contains the necessary supported commands benefit from two information or expertise. Often, both separate channels, corresponding to the channels must be consulted on the same two branches of the chain of command issue. This approach is consistent with for Army forces in a joint force. Recall the JAGC operating as a single large from earlier in this chapter that one legal organization, whereby its several branch of that chain of command is for members are expected to support each operations and the other for other with information and expertise administration and logistics. Similarly, necessary to assists their clients. one technical channel carries information and legal expertise 4.4 MATERIEL associated with operations (command and control functions); the other carries All legal personnel must be well information and expertise associated equipped and highly trained in order to with administration and logistics practice and deliver legal support in a (sustainment and personnel services theater of operations. The most critical support functions). categories of equipment are legal automation, mobility, and For example, the SJA advising the communications. Training of legal 10th Mountain Division at the start of personnel, meanwhile, must be military operations in Haiti in conducted according to the Army's September of 1994 used a technical principles of training. channel that ran through the ASCC SJA (who was also the JTF SJA) to the 4.4.1 Legal Automation USACOM (now USJTFCOM) SJA to the legal advisor for the CJCS. This The JAGC requires a dedicated channel provided valuable guidance on system of automation to provide rules of engagement and other responsive legal services at all echelons operational matters. The SJA of the of command. That system is the Legal 10th Mountain Division also used a Automation Army-Wide System technical channel that ran through the (LAAWS). LAAWS integrates legal information and services into a network convexliencecopying that projects automated legal services cellular voice communication down to battalion level and permits wire line and non-wire facsimile sharing of appropriate legal work (with satellite communication product. LAAWS provides for capability) standardized software throughout the wire line and non-wire e-mail JAGC and includes modules and and digital communication (with databases for all core legal disciplines. satellite capability) LAAWS programs process, transmit, photography and digital receive, and display essential telecommunication of information. Legal references compiled photographs by LAAWS are available in compact legal research with import to disk and via databases on the JAGC document capability Information Network (JAGCNet at www.jagcnet.army.mil), a work group The RDL is, and must remain, consisting of more than seventy completely compatible with standard computer servers and thousands of Army communications equipment, and clients throughout the world. SJA be fully integrated into appropriate parts sections, the military judges, and of the Army Battle Command System defense counsel all use LAAWS and the (ABCS), to include the Army Global JAGCNet, which are critical to the Command and Control System accuracy and responsiveness of (AGCCS), the Army Tactical Command operational legal services. Judge and Control System (ATCCS), the advocates also require access to Global Combat Support System-Army classified databases and information (GCSS-A), and the Force XXI Battle through Secret Internet Protocol Router Command-Brigade and Below System Network (SIPRNET). (FBCB2) (see FM 24-7, ARMY BATTLE COMMAND SYSTEM: SYSTEMS The standard package of legal MANAGEMENTTECHNIQUES). automation equipment is the Rucksack Deployable Law Office and Library The RDL consists of commercial- (RDL).15' The RDL is a set of computer off-the-shelf (COTS) equipment. It is hardware, software, and networking defined by capabilities, not particular products, which are updated models or brand names. These periodically, and currently provide the capabilities will be upgraded as judge advocate or legal specialist the technology advances, to remain following capabilities in a man portable compatible with joint and Army bundle: systems. The basic RDL package is described below, less technical word processing, database, specifications. The technical spreadsheet, form-filler, and specifications were intentionally omitted other necessary software that is from this chapter based on the rapid compatible with command evolution of technology, rapid software development of software applications legal document production that require increased processing power, Legal Supportto Operations and the substantial increase of data that supervising legal services throughout the is required to be processed, manipulated, area of operations and training legal and transmitted in an ever decreasing personnel. They each require an RDL to amount of time. Specific details provide legal advice to the command, to regarding hardware and software access legal technical support, and to technical requirements can be located by exercise legal technical supervision. contacting CLAM0 or the JAW OPLAW JAs designated to serve in a Proponent, Combat Developments BOLT or the TAC CP (or other mobile Department, Organization and Materiel or fixed command cells or command Branch, located at TJAGSA, posts) and in planning and operation Charlottesville, Virginia. Its current cells, each require an RDL. The RDL is configuration is as follows: required to access ABCS, LAAWS networks, and other secure or controlled a laptop computer (with sufficient communication systems, and to perform processor and memory capabilities to core legal discipline tasks in locations interact with ABCS, to conduct away from the main and rear CPs or efficient research from electronic apart from other legal sections located in databases, and to store a large the main or rear (based on volume of required legal references organizational design and where the and products with removable hard legal function is performed). Of utmost drive for secure storage of classified importance is the ability to interact with information. communication and network systems CD ROM reader (preferably capable of transmitting privileged internal) information or communications (e.g., scanner-printer (battery backup) defense counsel and client; legal PCMCIA fax modem (cellular phone assistance attorney and client), classified and satellite telephone up-linkable) materials and matters of national digital camera security. Each element within the SJA digital audio card and microphone section (as well as the military judge and hard-shell case trial defense elements) requires an RDL full range of software to perform tasks relating to its core legal full range of legal references on discipline. Additional RDLs are compact disks andlor hard drive required for judge advocates within divisions of the SJA section who must RDL requirements are based upon travel throughout the area of operations staff functions, OPLAW (C2 and to provide services (e.g., claims judge Sustainrnent) responsibilities, operations advocates, trial counsel, and legal at key operational nodes, core legal assistance attorneys). discipline tasks, and mobility requirements. LSOs and MSOs require RDLs to command the organization and supervise The SJA, DSJA, Legal legal services. LSTs require RDLs to Administrator, and CL,NCO perform the perform tasks related to core legal staff functions of providing advice and disciplines, and additional RDLs for organizing, sustaining, controlling, each judge advocate who must travel sites on the World Wide Web. When the throughout the area of operations. deployed judge advocate element is incapable of resolving an issue, the RDL CONUS based legal organizations also provides the capability to request which support mobilization operations, and receive advice in digital format from or which are part of the Base technical judge advocate channels. Engagement Force or Base Generating require RDLs to support operations. Because it is a set of capabilities These organizations also include the rather than a fixed package of hardware legal training organizations of TJAGSA, and software, the RDL permits the legal NCOES, and legal sections of JAGC to continue to harness the rapid Division Training and Exercise improvements in the marketplace. elements, and Training Centers. Because it is a standard set of capabilities, the RDL provides a Finally, other judge advocates and common basis to permit training, legal specialists in all legal organizations organizing, and equipping OPLAW JAs require components of the RDL to and legal personnel. perform their legal duties (one laptop computer per attorney and one computer Despite advances in information for 80% of the legal specialists). technology, legal personnel must always be prepared to provide operational The RDL equips judge advocates support. Therefore, legal personnel deploying to theater with the basic load should deploy with paper copies of of legal references, country-specific required references and forms. materials, and forms necessary to spot and resolve the most common legal 4.4.2 Mobility issues that will arise during a contingency operation. Digital Embedded legal personnel depend databases, such as that maintained by on the units to which they are assigned the Joint Electronic Library and or attached for transportation. Separate CLAMO, contribute to the achievement legal organizations, such as LSOs or of this goal by furnishing current legal MSOs, require organic transportation references and recent lessons learned assets. Sufficient vehicles are required from exercises, the Combat Training for legal personnel, i.e., the SJAICJA Centers, and deployments around the and his staff, military judges, and world. The availability of CD-ROM defense counsel. The number and type writing equipment at division and corps of vehicles will depend on the staff judge advocate sections makes commander's requirements for legal possible the storage of massive amounts services. Normally, however, a of material on compact disk in the days commander should dedicate four High immediately prior to deployment to or Mobility Multipurpose Wheeled within a theater. Much of this material Vehicles (HMMWV), one 5 ton truck, may be obtained during the and four cargo trailers to a division or predeployment period from the corps SJA section and one HMMWV exploding numbers of legal reference and one cargo trailer to each CJA Legal Support to Operations section. Additionally, the commander Service of Geographic Zones. should dedicate one HMMWV with Militaryjudges provide judicial legal trailer to each military judge in theater services on a geographic basis. They and one HMMWV with trailer to each are assigned to the United States trial defense section. Mobility serves Army Judiciary with duty station at three distinct functions: corps and echelons above corps. Courts-martial will be conducted in Control of Legal Assets. The SJA the accused's unit's area of is responsible for the delivery of operations and as far forward in the legal services throughout the area of unit's area of operations as the operations. The SJA supervises and commander deems appropriate. exercises administrative control over Trying courts-martial as far forward SJA section personnel. To as possible will minimize disruption administer legal services effectively, of the unit, provide better the SJA must know what, where, and availability of witnesses, and speed when legal services are required and the administration of military justice. direct the appropriate employment of Military judges must have the legal personnel. The SJA must be mobility to preside over courts- able to provide technical advice and martial and perform magistrate guidance to subordinate judge duties where and when needed. advocates. Moreover, as the primary Defense counsel provide defense legal advisor to the commander, the legal services to the units for which subordinate commanders, and the they are assigned responsibility or on staff, the SJA must have the mobility a geographic basis. Defense counsel necessary to be when and where must have the mobility to interview required. and consult with widely scattered Effective Delivery of Operational clients and witnesses, a&l represent Law and Personnel Service their clients before courts-martial Support. Judge advocates and legal and adverse administrative specialists provide legal services to proceedings. lower echelons of command. Judge advocates require mobility for 4.4.3 Communications several reasons, including: investigating allegations of war Modem theater operations will crimes and violations of the Uniform frequently take place in a fluid, chaotic, Code of Military Justice; receiving, and lethal environment in which investigating, and paying foreign mobility will be constrained. Legal claims; performing legal liaison advice will be time-sensitive and often throughout the theater; providing critical. Judge advocates must be legal assistance; and advising assured access to communications that commanders on time-sensitive, link them with the commander, the mission-essential legal problems, subordinate commanders, the staff, and particularly those encountered the SJAs at higher echelons. In addition during operations other than war. to digital communications across the Army Battle Command System, judge

4-29 advocates must use combat net radios protection and decontamination, land (CNR), area common user (ACU) navigation, first aid, and radio telephones, Army Data Distribution procedures-how to shoot, move, and System (ADDS) equipment, and communicate. Training applies just as Broadcast System (BDCSTS) crucially to legal research, writing, equipment, where necessary. advocacy, case and project organization, automation, maintenance, and safety. Training is all-encompassing and should be related to everything lawyers and legal personnel do to support the commander on the battlefield. Principles of Training 1. Train As A Combined Arms And The key to all successful training lies Services Team in raising the quality of individual skills 2. Train As You Fight and the teamwork of small sections or 3. Use Appropriate Doctrine units. Success in everythng from a 4. Use Performance-Oriented Training battle or other real world military 5. Train To Challenge operation to large scale legal 6. Train To Sustain Proficiency representation is dependent on the 7. Train Using Multiechelon Techniques coordinated effort of a number of small 8. Train To Maintain units of diverse types working together 9. Make Commanders The Primary to accomplish a mission. Other things Trainers being equal, the military force with the best-trained small units will prevail, and the legal organization with the best- trained small teams will prevail. Even if Staff judge advocates must have a other things are not equal, superior training philosophy. Training affords training at the individual and small staff judge advocates as well as section level will often carry the day. commanders the opportunity to explore and surmount the variety of problems Staff judge advocates prepare for and challenges that will always confront operations in a theater by adhering to the them. When a staff judge advocate takes Army's principles of training. There are this attitude, most of his or her nine. problems-and those of the section- will be met and solved in the course of Train As A Combined Arms And regular training, and thus will cease to Services Team. "Combined arms be problems. The same attitude wili and services" is a technical term prevail again over new problems. referring to military actions that integrate combat functions (infantry, Training must address both the armor, and aviation), combat support soldier and the lawyer-tactical skills functions (field artillery, air defense and legal skills. Soldier training should artillery, and engineers), and combat address common soldier skills, such as service support functions (logistics, use and maintenance of weapons, NBC personnel services, and health Legal Support to Operations

services).154 The example provided doctrine is contained in Field in Field Manual 25-100, Training Manual 100-5, Operations and the Force, is that of the division supporting doctrinal manuals, such commander who trains regularly as this one. Army training doctrine with his entire "slice" of "basic is contained in Field Manual 25-100 combat, combat support, and combat as well as in Field Manual 25-101, service support systems." SJAs Battle Focused Training. Judge recognize that this first principle advocates must be conversant in mandates not only that they support these references. the command's desire to conduct 4. Use Performance-Oriented collective training with a full "slice" Training. Soldiers and lawyers of judge advocate support, but also learn best by doing, by putting their that the training of an SJA section hands and minds on the implements itself must integrate claims, legal they will be required to use when the assistance, military justice, real test of combat or deployment administrative law, civil law, comes. The Army stresses use of a international law, and all other full range of training aids, devices, aspects of legal support to simulators, and simulations operations. It also means that the (TADSS) to take the individual or SJA must coordinate with reserve unit being trained out of the sterile component legal elements to have classroom and into a practical them participate in major exercises. situation that reproduces the 2. Train As You Fight. This principle conditions under which they must be demands that training take place able to perform. The Army's four under realistic conditions. Combat Training Centers, with Operations in Panama, the Persian judge advocate observer-controllers Gulf, northern Iraq, Haiti, Bosnia, or trainers at each, provide the most and other places confirmed that legal realistic training. An SJA invokes issues are some of the most this principle whenever he and the challenging the command and staff Chief of the Criminal Law Team will face. They must be incorporated organize rehearsals of trial counsel's into collective training events, just as opening statements, examinations, smoke, noise, chemical attacks, motions arguments, or closing battlefield debris, loss of key leaders, arguments. SJAs also invoke this and cold weather must be principle when they insist that incorporated. RDLs and other equipment are brought to the field and that every 3. Use Appropriate Doctrine. Training division generates its standard must conform to Army doctrine. products during exercises. Recall that one of doctrine's roles is to reflect a shared vision that can 5. Train To Challenge. SJAs and serve as the basis for planning, other judge advocate leaders never organizing, leading, equipping, and apologize for the challenging training the force. We are a training they plan and execute. doctrine- based Army. Army OPLAW demands tough, realistic training that challenges legal other diagnostics, change printer personnel physically and cartridges, and protect our intellectually. Such training builds equipment by ensuring that atl work competence and confidence by areas are kept clean and dry. They developing and honing skills. It frequently draw and maintain all of inspires excellence by giving each the tentage, vehicles, weapons, and individual a glimpse of how daily equipment they will need in real activities fit into the broader mission deployments to a theater of and by fostering initiative, operations. enthusiasm and eagerness to learn. 9. Make Commanders The Primary 6. Train To Sustain Proficiency. The Trainers. Commanders are SJA section must always be ready to responsible for the training and deploy; it must be vigilant not to performance of their units. They "peak" and then have proficiency personally ensure that exercises are drop as time passes, skills decay, and based on real world mission new people replace experienced requirements, identify the applicable people. Army standards, assess the current 7. Train Using Multi-echelon level of proficiency, provide the Techniques. Field Manual 25-100 required training resources, and tells us that "[tlo use available time develop training plans designed to and resources most effectively, create proficient individuals, leaders, commanders must simultaneously and units. Similarly, SJAs-with train individuals, leaders, and units command support-must be the at each echelon in the organization primary trainers of their section. during training events." This principle not only demands that legal 4.5.2 Mission Essential Task Lists specialists perform individual tasks (METL) (e.g., disassemble and assemble M16 rifle, fill in the blocks of a Mission essential tasks are collective nonjudicial punishment form) but tasks in which an organization must be also demands that the claims proficient to accomplish some portion of division and the entire SJA section its mission in a theater. The Mission perform collective tasks (e.g., Essential Task List (METL) for an SJA process, investigate, adjudicate, and section consists of the mission essential pay a foreign claim; administer the tasks on which the section focuses its military justice system, etc.). training. The METL concept was Quality training exercises are so rare conceived in recognition that units and that leaders must make them count organizations cannot achieve and sustain on many different levels. proficiency on every possible training 8. Train To Maintain. The upkeep of task. "METL development" is not only equipment and weapons is as much a applicable to corps and divisions and part of training as using the brigades; it also applies to subordinate equipment expertly. Legal personnel elements, such as the staff, and-within routinely perform virus checks and Legal Support to Operations

the staff itself-the SJA section, as well as sources, they identify all of the possible in JAGSOs. collectivetasks on which to train.

METL are Required. Field Manual Choose the METL. SJAs and 25-100 states that all active component LSOIMSO commanders then select from and reserve component organizations- this long list of possible tasks a smaller MTOE as well as TDA organizations- set of tasks on which the SJA section or should prepare METLs.'~~ Command LSO/MSO would have to be proficient groups and staff elements at each level in order to accomplish their wartime or develop METLs for their areas of contingency missions. The smaller set responsibility. The next higher of tasks becomes their METLs. By commander in the chain of command proceeding in this manner, they can be approves each organization's METL. sure that training efforts will be Staff METLs are approved by the concentrated on the most important organization's commander or Chief of collective tasks required to accomplish Staff. 'me SJA and the DSJA156develop their mission. Note five important things and present a recommended METL in about METL development. consultation with the separate team First, mission essential tasks chiefs; they are also the staff agency must apply to the entire responsible for approval and assistance organization-the list does not of development of METLs by include tasks assigned solely to LSOs/MSOs war-traced to their subordinate organizations, such command, as well as the SJA sections of as the Claims or Legal other RC units (such as GSUs) assigned Assistance Teams. to their command. Second, the availability of Collective Tasks. SJAs and resources does not affect METL LSO/MSO commanders consult the development. The METL is an METL of the organization their sections unconstrained statement of the or units support along with "external tasks required to accomplish directives" that relate to the wartime or wartime or contingency contingency deployment role they and missions. their sections are expected to serve. Third, when units are based in These include the Uniform Code of CONUS rather than deployed Military Justice and various other forward in a theater, deployment provisions of Title 10 of the United itself is often captured on the list. States Code, certain articles of the Geneva convention^,'^^ authorities Fourth, because the SJA mandating operational law section-unlike an infantry Army Regulation 27-1, Judge Advocate brigade--conducts daily support Legal sew ice^,'^^ and other regulatory functions, the METL may sources. SJAs and LSO/MSO address differences between commanders also consult Army and garrison and deployment joint doctrinal references including this operating conditions. field manual.'60 From these diverse Fifth, the SJA or LSOMSO commander establishes no Standards should measure whether prioritization of tasks within the the section is responsive, effective, and METL. By definition, all tasks efficient in meeting the needs of the are essential to ensure command. Measures of responsiveness accomplishment of the mission. might include command advice processing time, time between a criminal offense and preferral of Although the missions (and therefore charges, time required to process a the METLs) of Army divisions vary, a claim, and a time a client must wait for sample SJA section METL for a division an appointment with an attorney. based in the CONUS might look as Measures of effectiveness might include follows: how frequently a legal issue surprises the command, the quality of legal reasoning, opinions, and products, the Mission Essential Task List level of judge advocate integration into the staff, how frequently operational law Provide Command Legal Advice and advice is followed by the command, and Services (battle task) the quality of advocacy. Measures of Plan and Provide Legal Services to efficiency might include how well Soldiers personnel use automation technology, Plan and Conduct International Legal and the extent to which procedures are Operations (battle task) standardized. Deploy and Sustain Operational Readiness (battle task) Battle Tasks Sustain Ganison Legal Services After they review and approve the METLs, the Division Commander and Chief of Staff select battle tasks. A Establish conditions and standards. battle task is a mission essential task that is critical to the next higher After identifying these mission organization's performance of a mission essential tasks, the division SJA and the essential task of its own. Here, the next DSJA (or LSOMSO commanders) higher organizations are the Division establish supporting conditions and Command Group and Staff. Although standards for each task. These the SJA and the DSJA (or LSO/MSO conditions and standards that relate to a commanders) regard all of the tasks on task are referred to as a tramng the METL as having equal priority, the objective. In the course of developing Commander and Chief of Staff in this the standards of proficiency to which example have made an allocation they need to train the section, they also decision about scarce training resources identify collective sub-tasks as well as and have elected to give emphasis individual tasks that supported the during training evaluations to three of section's performance of each mission the five tasks. These are battle tasks for essential task. the Division Staff. Legal Support to Operations

Throughout this process, they The METL development process consult the commander's training then continues as the SJA and the DSJA guidance documents, which identify help guide each of the separate division major training events.161 In this way, chiefs (operational law, claims, military they are able to incorporate Combat justice, administrative law, civil law, Training Center rotations and other legal assistance, international law)-to major exercises into the training plan. develop METLs for their elements. In addition, they guide the BOLTS in the Training Guidance. Soon after development of the BOLT METLs. taking command, a commander issues LSOiMSO commanders do the same for command training guidance and an up- LSTs. to-date long-range training calendar for the unit. The SJA and the DSJA present Throughout this process, and receive approval of the SJA section SJAsDS JAs and LSOiMSO METLs during the one of the quarterly commanders mentor subordinates to training briefs or semi- annual training ensure that the METLs and briefs early in the commander's tour. corresponding training objectives This same process applies to the METLs developed accurately reflect tasks that of the LSOsMSOs, as well as RC units will be essential to mission with embedded judge advocate sections; accomplishment in wartime. Through however, the training briefs by which leadership and personal example, they their METLs are reviewed and approved guarantee that METL development is a may be presented to their peacetime dynamic process and that all section chains of command in addition to, or in training is directed toward METL tasks, lieu of, presentation to the their wartime conditions, and standards. gaining commanders.

4.5.3 Planninp for Training. Training briefs produce a training contract between commanders and SJA Training Assessment. Once they or LSOMSO commanders. The have developed and received approval of commanders provide resources and a METL, SJAsDSJAs and LSOMSO protect the SJA sections or LSOsMSOs commanders then conduct training from unprogrammed taskings. SJAs and assessments. They compare current LSOMSO commanders then lock in and proficiency with the standards listed for execute approved training plans. This each mission essential task. They use all shared responsibility helps maintain available evaluative material to make priorities, achieve unity of effort, and this comparison, to include synchronizes actions to achieve quality consultations with the separate team training and efficient resourcing. chiefs. Then they develop a training strategy to achieve a "trained" The training briefing is a highlight of proficiency level in each supporting the commander's leader development collective subtask and individual task. program. It provides the commander an opportunity to coach and teach subordinates on the fine points of his philosophy and strategies in all aspects of the chapter provides that information of warfighting, to include doctrine, while also describing distinctive tasks training, force integration, and leader that OPLAW JAs and legal personnel in development. It enables the SJA and special operations units are called upon assigned LSOsMSOs to gain a better to perform. understanding of how their mission essential training relates to the battle- Special operations are actions focused training programs of their conducted by distinctively organized, commanders and peers.16' trained, and equipped military and paramilitary forces to achieve military, The SJA or LSOMSO commander diplomatic, economic, or informational also uses this training management objectives by unconventional means. process to mentor and build an effective United States special operations forces section, and foster a positive leadership (SOF) consist of Army, Navy, and Air climate. Because many of the sub-tasks Force units. Special operations occur require professional as well as military frequently in hostile, denied, or judgment on the part of junior and politically sensitive areas across the full relatively inexperienced judge range of military 0perati0ns.l~~ advocates, the importance of well- rehearsed, monthly officer Leader The theater CINC will often plan a Development Program (LDP) sessions joint special operations effort. When and continuing legal education (CLE) this occurs, a Joint Special Operations courses at TJAGSA cannot be Task Force (JSOTF), created by the overstated. The SJA should not CINC, is given responsibility to execute overlook the importance of orientation the operations in accordance with the programs for newcomers, regular leader joint plan. It is important to recognize development sessions for division chiefs that the JSOTF and the forces and noncommissioned officers, the comprising it form a separate task force. development of off-the-shelf programs Nevertheless, the CINC may place the of instruction on rapidly changing areas JSOW under the OPCON of another of the law, dining-ins, staff rides, no- JTF, or designate elements to serve in notice alerts, and regular section direct support of subordinate unit meetings. commanders for portions of the theater operations. 4.6 LEGAL SUPPORT AND SPECIAL OPERATIONS The five principal missions of special forces are Judge advocates in theater UnconventionalWarfare operations will serve in or alongside a variety of special operations units. Direct Actions Special operations routinely have legal Special Reconnaissance implications that cannot be discerned Foreign Internal Defense without general background information Counterterrorism about special operations doctrine, As "collateral activities," special capabilities, and organization. This part operations forces may participate in Legal Support to Operations

security assistance, humanitarian campaign, forcing the enemy to deploy assistance, antiterrorism, counterdrug significant combat forces to protect his operations, personnel recovery, and rear area.la other special activities. Most of these terms have technical meanings. Detailed Special Operations Forces. _ There information about special operations is are five types of Army SOF: contained in Field Manual 100-25, Special Forces units are Doctrine for Amy Special Operatibns specifically organized, trained, Forces. and equipped to conduct speciai operations. They conduct all of Special operations during war and in the principal special operations other hostile environments usually occur missions and collateral activities. deep in the enemy's rear area or in other areas void of conventional maneuver Ranger units are rapidly forces. They may also extend into the deployable, airborne-capable, territory of hostile states adjacent to the and trained to conduct joint theater. While each special operations strike operations with, or in action may be tactical in nature, its support of, special operations effects often contribute directly to units of all services. They can theater operational or strategic also conduct strike missions in objectives in support of the theater support of conventional campaign plan. Special operations may operations and can operate as seek either immediate or long-range conventional light infantry units effects on the conflict. when properly integrated with other combined-arms elements. Typical SOF missions include Special Operations Aviation interdicting enemy lines of units are specialized aviation communication and destroying military assets dedicated to conducting and industrial facilities. SOF special operations missions. detachments may also have missions They provide a mix of short, associated with intelligence collection, medium, and long-range lift and target acquisition, terminal guidance for limited light-attack capabilities. strike aircraft and missile systems, They support all principal and personnel recovery, and location of collateral mission areas and can weapons of mass destruction. Some conduct autonomous special detachments conduct psychological reconnaissance and direct-action operations (PSYOP) to demoralize the missions. enemy and collect information in the enemy's rear areas. Some SOF organize, Psychological Operations train, equip, and advise resistance forces (PSYOP) forces are employed to in guerrilla warfare for evasion and influence favorably the attitudes escape, subversion, and sabotage. They and behaviors of specific foreign work with indigenous people in regions audiences and reduce the will, of conflict in support of United States capacity, or influence of hostile national interests. They add depth to the forces to wage war or otherwise threaten U.S. interests. PSYOP Army special operations forces forces are equipped with (SOF) receive OPLAW support from the audiovisual, print, loudspeaker, SJA, United States Army Special and radio and TV broadcasting Operations Command (USASOC) and capabilities to support friendly the SJA, United States Army Civil forces. Their activities often are Affairs and Psychological Operations sensitive and have significant Command (USACAPOC). Additionally, political and occasionally legal a judge advocate is required by, and implications. assigned to, each special forces group; psychological operations group; special Civil AfSairs forces are employed operations aviation regiment; ranger to enhance relationships between regiment; and civil affairs command, military forces and civilian brigade, and battalion. These judge authorities and populations in advocates provide responsive legal friendly, neutral or hostile areas advice to the commander as required. of operations. Civil affairs forces are used to reduce civilian An OPLAW JA assigned to a special interference and to gain popular operations unit has many of the same understanding, support, and responsibilities as judge advocates in compliance with measures other units. For example, the judge required to accomplish the advocate must provide legal assistance mission. They also engage in the consistent with professional type of activities associated with responsibility requirements, assist the the operation of civil government commander in administering military and its institutions, population, justice, and participate in administrative and resources. separation proceedings. 4.6.1 Legal Support and Special Operations'" A Special Operations OPLAW JA's principal duty is to serve the counselor Special operations missions are function for commander and staff. To legally and politically sensitive, do so, he must accomplish the particularly in the absence of predeployrnent preparation (to include international armed conflict. The the equipment and training tasks) commander must consider not only discussed earlier in this chapter. Judge traditional law of war issues, but also the advocates assigned to special operations requirements of domestic United States forces may deploy with their units deep law (such as fiscal, security assistance, in enemy territory where access to other and intelligence oversight laws or legal resources is nonexistent. Department of Defense Directives Accordingly, the legal references and relating to PSYOP) and broader other capabilities of the RDL loom international law requirements (such as particularly significant, as do those in mutual defense treaties and host communications links with technical nation support agreements). legal channels. Legal Support to Operations

In addition to preparing for Civil affairs operations address the deployment to a theater, special relationship between military forces, operations OPLAW JAs must civil authorities, and the population of a accomplish the tasks similar to those friendly or occupied country. Civil assigned to the OPLAW JA in a Corps affairs operations concern the effect or Division SJA section. They must civilians have on military operations and attend planning sessions for all the economic, social, and political effect operations, including exercises; review military operations have on civilians. A all operations, contingency, and exercise major civil affairs mission is to mobilize plans and orders for compliance with civilian support for United States domestic, foreign, and international law military operations and political and applicable policy and regulations; objectives in war and peace. Civil affairs and be available to provide legal operations: services during military operations. Support the commander in the conduct of military operations. AU soldiers must receive law of war Support the commander in training commensurate with their duties meeting legal obligations and and responsibilities. Special operations moral standards regarding the OPLAW JAYwith the assistance of legal local populace. specialists, provide training that not only addresses conventional law of war issues Further the national and but also addresses issues unique to international policies of the special operations. United States.

4.6.2 Legal Su~~ortand Civil Civil affairs operations are coordinated military activities that influence, develop, or control indigenous Civil affairs operations are infrastructures in operational areas. They politically and legally sensitive because involve conventional and special they involve the interrelationship operations missions (e.g., foreign between the United States military internal defense ' and unconventional forces and civilians in the area of warfare) or may be pursued operations. Domestic, international, and independently in support of United foreign laws regulate and influence civil States country teams. They may include affairs operations. Commanders and United States, allied, and indigenous civil affairs personnel must have ready security forces; civil authorities; non- access to legal personnel for mission- government agencies; and the local essential legal services. Violations of the populace. Civil affairs operations law or local moral standards by United include: States military personnel risk alienating Mobilizing civilian support for the local populace and jeopardizing the United States military and public support required for United States political objectives. military and political objectives. Preventing civilian interference with the mission. Facilitating host nation support command is the sole legal advisor to the and establishing liaison with supported commander. Furthermore, the civilian authorities. SJA of the supported command is the Supplementing intelligence technical supervisor for all legal efforts at the operational and personnel in CA units that are assigned, tactical level. attached or under the OPCON of the Providing civil administration or supported command. In all cases, legal military government in foreign advice within the supported cownand territory. and supporting civil affairs units must Controlling the local be thoroughly coordinated. noncombatant population; detaining enemy collaborators; Judge advocates assigned to civil and exercising military control affairs units are the primary legal over private, public, and enemy advisors to those organizations. The property- senior judge advocate of the unit is the unit's command judge advocate (CJA) and, therefore, is a member of that The U-5/J-5/G5/S-5 /Civil-Military commander's personal and special staff. Operations (CMO) Officer: Civil affairs judge advocates provide Is the principal staff assistant to mission-essential legal services to the the commander in civil affairs unit, including OPLAW support, as matters, including all matters required by the commander. A civil concerning political, economic, affairs unit's CJA will coordinate with and social aspects of military the SJA of the command to which the operations. civil affairs organization is assigned or attached for technical guidance and Acts as liaison between the supervision. military forces, civil authorities, and people in the area of Judge Advocate General Service operations. Organizations (JAGSO) may be detailed Coordinates actions in which the to corps, TAACOMsITSCs, and theater force employs psychological armies to assist with civil affairs legal operations techniques to support matters. civil affairs objectives. The practice and delivery of legal support are critical to properly advising Because civil affairs units and assisting the commander in supporting the command normally have fulfilling his legal obligations and organic legal advisors, responsibilities complying with moral standards for providing legal advice relating to regarding local civilians. Legal civil affairs must be clear. The civil affairs judge advocate advises the civil obligations derive from domestic, affairs unit commander. The SJA (or the international, and, when applicable, foreign law. During armed conflicts, the Chief of the BOLT in a conventional Fourth Hague Convention of 1907 and brigade task force supported by civil the 1949 Geneva Convention Relative to affairs elements) of the supported Legal Support to Operations the Protection of Civilian Persons in > Assisting in the preparation Time of War set forth many of the of, and reviewing, civil commanders' legal obligations. In the affairs plans for consistency absence of armed conflict, relevant legal ~,ththe law and national sources frequently include the 1951 command authorities' Convention Relating to the Status of (NCA's) guidance. Refugees, United States statutes and > Preparing the legal section of decisions pertaining to immigration, and the civil affairs area study executive branch materials relating to and assessment. political asylum and temporary refuge. > Providing predeployment CA As a matter of DoD policy, the Armed training as required. Forces of the United States will comply Combat Operational Phase. with the law of war during all armed Providing advice on: conflicts, however such conflicts are > Population control measures. characterized, and with the principles > Targeting to minimize and spirit of the law of war during all unnecessary collateral other 0perati0ns.l~~In practice, it has damage or injury to the been U.S. policy to comply with the law civilian population. of war in operations other than war, to > Treatment of dislocated the extent practicable and fea~ib1e.I~~ civilians, civilian internees, The International Covenant of Civil and and detainees. Political Rights and other human rights > Requests for political asylum treaties, as well as various host nation and refuge. laws according individual rights to > Acquisition of private and citizens may also apply in a given public property for military situation. purposes. > Psychological operations and For these missions, it is essential to their effects on the civilian consider local customs and traditions, populace. cultural and religious considerations appropriate to the area of operations, Stability and Consolidation and established principles of humanity. Phase. RDLs must thus not only include CDs > Providing advice on and containing comparative and foreign disposing of claims legal materials; they must also include submitted by local civilians. country study materials of a more > Providing advice on the general nature. jurisdiction of local courts over United States military The SJA or BOLT of the supported personnel and activities. command, the U-5/J-51G-51s-5, and the > Providing advice on civil affairs CJA will coordinate to humanitarian and civic provide the following legal services to assistanceissues. their commanders during all phases of > Providing advice on disaster civil affairs operations: relief. Planning Phase. > Assisting in the creation and supervision of military tribunals and other activities for the proper administration of civil law and order. > Assisting civil administration activities, including: > The establishment and operation of local judicial and administrative agencies. > The closing and reopening of local courts, boards, agencies, and commissions. > Defining the jurisdiction, organization, and procedures of local government institutions. Legal Support to Operations

Chapter 5 Legal Support in War

Whenever Amy forces are called upon CONTENTS .PAGE to fight. they fight to win. Amy forces in combat seek to impose their will on THE LIMITS OF WAR ...... the enemy ... Victory is the objective. PHASEDANDNESTED no matter the mission. Nothing short of OPERATIONS...... victory is acceptable ... CONCEPT OF LEGAL SUPPORT IN WAR ...... Field Manual 100.5. operation^'^^ Command and Control. Sustainment. Personnel Service Support...... Command and Control...... In 1970. with all the [lst Cavalry Sustainment...... Division] lawyers located at the Personnel Service Supp~rt...... division main headquarters. such THE CORE LEGAL DISCIPLINES activities as interviewing witnesses for IN WAR ...... trial. advising convening authorities Administrative Law...... located outside of Phuoc Vinh and. in Claims...... some instances. actively conducting Civ~lLaw ...... trials at firebases. required traveling by Military Justice...... International Law...... air. Additionally. troops normally did Legal Assistance ...... not come into headquarters for personal ORGANIZATION FOR WAR ...... legal assistance or to file claims; judge Theater Legal Structure ...... advocates brought legal services to Army Service Component them ...[Tlhanks to the division chief Command...... of staa Col. Edward C. Meyer. a Command Posts...... helicopter was dedicated one-half day a Judge Advocate Disposition.... week for use by the Amy lawyers. It Brigade Command and Control Facilities...... was known as the "lawbird" on the days it flew . MATERIEL IN WAR ...... I TRAINING FOR WAR ...... 5-25 1 Colonel Frederic L.Borch III Judge Advocates in Combat'70 5.1 THE LIMITS OF WAR airmen, and marines in battles. For the individuals involved, sometimes reduced In war, military force is the state's to fighting with bayonets or their bare primary means to achieve victory. hands, war is totally consuming. It Among the categories of conflict absorbs every ounce of energy, will, and between states, war is the most violent stamina, with nothing left in reserve. In and the most dangerous. A modem such circumstances, war is absolute. It nation at war-because of the enormity is life or death. of the resources engaged and the destructiveness of the means Yet the popularized notions of "total employed-will frequently perceive the war," "absolute war," and "unlimited war as "total" and "absolute."171For war" are misleading. As Peter Paret, one those fighting it, war will appear to spell of Clausewitz' modem interpreters, has victory or 'defeat, with no middle ground written, "If war .were one short, between those stark alternative^.'^^ uninterrupted blow; preparations for it would tend toward totality, because no A commander leads his forces to omission could ever be rectified." But military victory in war by practicing in reality war is always a longer or operational art. He directs attacks shorter succession of violent acts, against enemy centers of gravity.'73 He interrupted by pauses for planning, the and the enemy commander are both concentration of effort, the recovery of constantly looking for an edge, for the energy-all on the part of two or more opportunity to gain and maintain the antagonists, who interact. A variety of initiative. Often it is the side that can elements within the opposing societies, adjust most rapidly that will gain this the "free will1' of the leadership, which edge and go on to win. The commander may or may not conform to the objective seeks to outthink the enemy commander realities, and the political motives of and thus give United States troops the war, will determine the military advantage over their foes. This is often objective and the amount of effort to be a matter of giving the enemy expended. "War is merely the commander more problems to solve in a continuation of policy by other given time than he and his organization can possibly handle. It is a matter of exhausting the enemy's options, Thus, the term "unlimited war" does breaking the coherence of his operation, not accurately describe even prolonged and forcing him to fight on our terms. large-scale conflicts in which forces Finally, it is a matter of physically suffer heavy casualties. To be sure, as defeating or destroying him.'" Clausewitz says, war is "an act of force, and there is no logical limit to the Throughout history, a defining application of that force." But "[iln the feature of wars has been that they real world, the absolute is always include periods of intense, armed modified ... combat; soldiers, sailors, airmen and marines physically defeating enemy Legal support in war involves the units by killing enemy soldiers, sailors, study and application of those limits our Legal Support to Operations government formally imposes on the the Third U.S. Army deployed to Saudi waging of war. In conjunction with Arabia in 1990 primarily as a show of national policy, law regulates when, force to deter aggression against that where, how, and against what country. The Third Army's operational commanders and soldiers we may focus shifted to the defense when employ weapons. Law creates the enough forces arrived to make that procedures and military courts by which possible. It shifted to the offensive when good order and discipline are maintained it launched a ground attack to destroy within the force, within the ranks of the Iraqi Army. Following the successful captured enemy prisoners of war, and offensive, the Third Army's operational throughout occupied territories. Law focus shifted to post-conflict operations ensures that supplies and equipment are designed to restore essential procured in a manner that frustrates infrastructure in Kuwait. Branches and waste, fiaud, and abuse of public sequels in the plan account for the need moneys. Law governs the mobilization to shift emphasis as a mission unfolds. of the reserve component. Lawful regulations articulate formal policies for In addition to conducting different everytlung from the taking of war categories of operations over time, units trophies by United States forces to the sometimes conduct different categories conduct of official investigations. The of operations simultaneously. One law, even in war, continues to treat each headquarters may have subordinate units soldier as an individual person, capable focused on different categories of of drawing a Last Will and Testament, operations, all operating in the context making contracts, incurring debts, of the higher commander's intent. The getting married, paying child support, or larger the unit, the more this nesting of filing an income tax return. unlike operations is likely to occur. For example, a corps conducting offensive 5.2 PHASED AND NESTED operations may have several brigade- OPERATIONS sized units engaged in offensive operations while the rest of the corps Military operations during war are conducts defensive operations. Some of not uniformly intense through time. its other units may be conducting This fact bears heavily upon the support operations to aid battlefield intensity of demand for the different refugees. functional areas and legal disciplines. The preconflict and postconflict phases The smaller the unit, the more likely of wartime operations will often the entire force will focus on the resemble military operations other than dominant operation. A division war (MOOTW) in the character of legal conducting a mobile defense, for issues generated. example, may employ one brigade to conduct delaying actions (defensive Commanders use phasing because operations) , and two brigades to strike operational art requires them to shift the decisive blow (offensive operations). emphasis fiom one operational category On the other hand, a company in the to another.'" For example, elements of attack often employs all assets in the deployment of forces, the practice of offense. OPLAW-the C2 and sustainment functions described in Chapter 3-in Some units may conduct roughly the war will dominate the legal landscape. same activities regardless of the category The issues are fast-paced, require of operation they are conducting. This is constant situational awareness, and can particularly true for combat service affect a commander's options by support forces and certain combat expanding or limiting his courses of support forces such as signal elements. action. This is not to say, however, that Others may have to perform legal personnel services are any less significantly different tasks. An infantry critical to providing legal support in company conducting a movement to operations. When delivered properly, contact executes a different set of tasks legal personnel services may appear than it does when conducting a disaster transparent to the commander. A loss of response. discipline, or morale failure where soldiers are overly concerned about In this regard, the distinction problems at home, however, would not. between war and MOOTW should not be relied upon by SJA sections to create 5.3.2 Command and Control (C2). two wholly separate approaches to training and operations. While large The American way of war is to scale deployments to prosecute wars will employ overwhelming force at the more likely involve classic offensive and decisive point, but it is also to respect defensive operations, they will also legal limits. In order to achieve the frequently include stability and support former, commanders and staffs must operations. As the next chapter know the precise extent of the latter. In explains, stability and support the early phases of an operation operations, whether during war or (mobilization and predeployment), the MOOTW, may present particularly SJA must deliver operational law advice tough and sustained challenges to by introducing information about the operational law assets. legal aspects of command authority and the legal limitations on war into the 5.3 CONCEPT OF LEGAL MDMP. Judge advocates serve as SUPPORT IN WAR counselor, providing recommendations about how missions can be 5.3.1 Command & Control, accomplished within the law and, Sustainment, Personnel Service frequently, dispelling misconceptions SIlDDort that a law or treaty precludes various effective courses of action. OPLAW JAs Legal support in the preparation for participate in targeting and information and execution of war will cut across all operations cells; implement, draft, and three functional areas and vary in train soldiers on ROE; advise proportion throughout an operation. commanders on policies relating to After the initial surge of personnel conduct and discipline; ensure war plan support during the mobilization and compliance with the Law of War and Legal Support to Operations

customary international law; and ensure Convention, fratricide investigations, soldiers have a basic understanding, in and so forth. the treatment of non-combatants, protected markings, and other At the conclusion of or during particulars of the Law of War. extended pauses in combat operations, judge advocates will continue to provide Defining General Courts-Martial legal support in all three functional Convening Authorities both in the areas. The main effort of legal support, theater of operations and in garrison however, will turn back to sustainment must be done early and with precision. and personnel service support. -4fier the Transferring pending actions to new or U.S.'s successful prosecution of armed different convening authorities will conflict, commanders and judge require extensive technical channel advocates may have to deal with the communication. In split-based enormous obligations that accompany operations, commanders must decide to the law of occupation or implementing either leave their flag at the garrisons, international agreements or mandates take the flag command with them, or that will follow conflict. Commanders seek out a new rear provisional can also again return their attention to convening authority. Certainly in war, taking care of soldiers and redeployment SJAs must plan on incorporating the to home station. reserve component into the convening authority process. In the future, 5.3.3 Sustainment federalized National Guard or United States Army Reserve Commanders may The DoD Dictionary defines lead active component units into battle. sustainment as "[tlhe provision of Such an order of battle may necessitate personnel, logistic, and other support Secretary of the Army action defining required to maintain and prolong and designating new convening operations or combat until successful authorities such that the commander can accomplishment or revision of the ensure good order and discipline for all mission or of the national ~bjective."'~~ U.S. forces under his command in This is the second prong of operational theater. law. For legal support to operations, sustainment includes legal issues that As the Army moves through cut across most of the legal disciplines. deployment and into offensive or Like C2, failure to recognize and defensive operations, judge advocates resolve-proactively if possible- continue to provide critical sustainment sustainment issues can limit a and personnel service support. During commander's options on the battlefield. actual combat operations, however, Complicating virtually every aspect of OPLAW JAs will focus most of their sustainment is the joint and attention on C2 legal support- multinational nature of modem military targeting, ROE, Information Operations operations. The very presence of (IO), dealing with enemy prisoners of multiple coalition partners spread across war (EPW), use of mines, the several sovereign states, requires applicability of the Chemical Weapons commanders and judge advocates to look at sustainment issues not only from of what money is available, when, and an international law perspective, but also for what purpose. With reliance on in light of the often restrictive domestic today's Logistics Civil Augmentation law. Program (LOGCAP), and contractors on the battlefield, commanders must During all phases of an operation, address everything from their status on OPLAW JA must know and understand the battlefield to handling discipline the privileges and immunities that exist with a large civilian force. Before or do not exist for U.S. forces and the deployment, OPLAW JAs must develop civilians that accompany the force. War a foreign claims process that will protect plans may call for Intermediate Staging both the U.S. and the claimant. Judge Bases stretching across several advocates must help the commander international boundaries, command resolve issues concerning federalizing posts in various countries, or National Guard forces, mobilizing the deployment directly into a hostile USAR, and dealing with non- territory. In all of these cases, judge governmental and private organizations advocates must seek out and understand in the theater of operations. applicable Status of Forces Agreements, Stationing Agreements, of other 5.3.4 Personnel Service Susport applicable treaties or international agreements. Moving personnel and There can be little doubt that the supplies into the theater of operations main effort of legal support to operations may require multiple transiting during mobilization and predeployment agreements. lies with the routine administration of military justice and the provision of Even though fiscal and contract legal assistance through Soldier's constraints in war will be less onerous Readiness Programs. While the nuts and than in Military Operations Other Than bolts of the administration of justice or War (MOOTW), U.S. domestic law is the provision of legal assistance services not waived. Even in war, commanders may remain in abeyance during are still stewards of taxpayers' money offensive or defensive operations, the and subject to strict scrutiny- limited character of war implies an sometimes long after the end of important role for deployed lawyers hostilities. In virtually any theater of serving as judges in courts-martial or operations, commanders will need within the context of other proceedings immediate contracting capability to hire and procedures. It also implies an local nationals and purchase items such important role for lawyers serving as as water, fooci, iumber, fuel, and advocates for the Army or for individual lubricants. Coalition partners may soldiers charged with crimes or in need require extensive support from U.S. of personal legal assistance. forces, thus creating a need for Acquisition and Cross-Servicing While the operational law support Agreements (ACSAs). Every judge during the early phases of an operation advocate, regardless of the type of are critical to the success of the mission, operation, must have an understanding proactive work in the administration of Legal Support to Operations justice will ensure that the foundation of the capabilities of their installation legal the American Army-good order and offices, as augmented under their discipline-is scrupulously managed MOBTDAs and by the judge advocate allowing commanders. to fight and win sections or assigned GSUs. our nations wars. Furthermore, they will provide supplemental legal services to other While still at home station, whether installation legal offices in support of this is from a CONUS or OCONUS their area responsibilities to provide installation, legal assistance services for legal services to the dependents of our soldiers and family members will deployed AC mQRC soldiers Finally, consume the majority of judge advocate they will provide legal services at other resources. In recognition of the locations, such as STARC offices and importance of legal assistance to the ARNG installations, RSC offices and deploying force, the Army is committed installations, and elsewhere. to ensuring that every soldier that needs or desires a Last Will and Testament or 5.4 THE CORE LEGAL Power of Attorney has one. Answering DISCIPLINES IN WAR questions about taxes, providing legal help for family members during Contrary to the popularized notion deployment, participating in the set up that legal complications wither away and success of the command's family during wartime, unit histories and after- support group network, and helping action reports attest that issues will arise reserve component soldiers with legal in all six core legal disciplines. Perhaps issues arising from mobilization are just the only generalization that may be a few areas that encompass legal support stated about legal support in wartime, to operations during mobilization and particularly OPLAW, is that a number of deployment. The delivery of these key legal provisions in diverse disciplines and essential services result in enhanced will become clearly applicable without soldier morale as our soldiers worry less the need for drawing elaborate analogies about concerns at home. This immense that is present during many MOOTW. amount of work will occur only through This is so because these provisions the extensive legal support provided by hinge on the existence of "war" or the reserve component. While the Legal "combat" or "international armed Support Organization (LSO) has a conflict," though the legal definitions of warfighting mission and will primarily these and related terms vary from deploy with the Staff Judge Advocate document to document. It remains into the theater of operations, the useful for judge advocates to use the Mobilization Support Organization legal discipline structure as it enhances (MSO) will provide "surge support" professional educational training and legal services to mobilization stations reflects the most efficient delivery of during all phases of the operation legal services in the garrison (mobilization, predeployrnent, environment. A unique characteristic of deployment, combat operations, post- being a judge advocate is that the legal conflict, and redeployment). They mission continues, both in garrison and provide this support by supplementing the deployed environment. 5.4.1 Administrative Law safety and integrity for the well being of soldiers. Administrative separations, conscientious objector applications, 5.4.4 Militarv Justice implementation of general orders, the handling of war trophies, official The need for an efficient and just investigations into fratricides and other disciplinary system will never be more incidents, and distribution of medical urgent than in war. This core care are among the many issues that will competency of OPLAW JAs will be arise. heavily practiced, as non-judicial punishment, courts-martial of all types, 5.4.2 Claims and perhaps even military commissions will be convened. The "time of war" While claims arising from damage provisions of the Uniforrn Code of occumng as a result of combat will not Military Justice will be in effect, generally be cognizable, claims increasing the feasibility of courts- nevertheless may still be payable in martial in forward areas. some circumstances under the Foreign Claims Act, the Military Personnel 5.4.5 International Law Claims Act, and a variety of other statutes and international agreements. Common Article 2 of the four Prompt and correct processing, Geneva Conventions will be triggered by adjudication, and payment of foreign the state of "international armed claims will be necessary to maintain conflict" that exists during a true war. good will toward United States forces by This will cause a great number of local civilians. provisions in the law of war to become clearly applicable to the conduct of 5.4.3 Civil Law United States and enemy forces. Commanders and staffs will require Unless provisions are exempted or interpretations of many nuances of the relaxed, the Federal Acquisition law of war as they relate to the targeting Regulation (FAR) still applies, including of objectives and the treatment of the rules concerning full and open wounded and sick, captured prisoners, competition. Similarly, the basic fiscal and civilians. Soldiers will directly controls on appropriated funds-namely apply the "soldier's rules" which they those constraining availability of learn in basic training.179Although the appropriations as to purpose, time, and law of war, and in some circumstances amount-still apply. Environmental United States military law, will displace considerations will include documenting portions of the law of the foreign environmental conditions and changes country where our forces have deployed, thereto in areas of operations, reporting most of the default legal rules will be improper modification of environmental those of the foreign country. If the conditions as a method or means of United States is fighting the war within warfare, and ensuring environmental a coalition, domestic legal issues associated with security assistance will Legal Support to Operations likely arise. War Powers Resolution commands, medical commands, reporting may be necessary. Other engineer commands, etc.) in theater. federal statutes, executive branch materials, and court decisions relating to Legal support to operations will take national security may be applicable. place during war within a theater. A unified combatant commander in chief 5.4.6 Le~alAssistance (CINC) will command all United States forces in the theater and may also serve United States soldiers in war will in a separate capacity as the commander continue to hail from all fifty states and of multinational forces. The CINC, the Temtories. They will continue to through his SJA or legal advisor, will require wills and to face taxation, also establish policy for the employment divorces, indebtedness, child custody of all operational legal assets in the and support disputes, and a wide range theater, which are typically assigned, of lawsuits, many of these aggravated by attached, or serving in direct support of long deployment. Some reserve several different echelons. component soldiers will be wrongly fired by employers. Legal assistance The CINC has this policy-setting attorneys will use a wide variety of tools authority as a matter of law, but the available under federal and state law on underlying rationale is rooted in an age- behalf of their soldier-clients. old principle for effective warfighting. This principle is known as unity of 5.5 ORGANIZATION FOR WAR command; it holds that forces should be under a single responsible commander 5.5.1 Theater Le~alStructure with the requisite authority to direct all forces in pursuit of a unified purpose.'80 As discussed in detail in Chapter 4, the Theater SJA distributes available 5.5.2 Armv Service Com~onent legal resources to facilitate delivery of Command the full spectrum of legal services. The SJA achieves economies of scale and The CINC's legal advisor will specialization and maintains the coordinate closely with the TJAGs of the flexibility to shift priorities of legal separate services, with the SJA for the theater support as necessary. JAGC ASCC, and with the SJAs for the corps personnel are embedded in the and divisions within the ASCC to devise requirements and authorization a concept for employment of operational documents of the Army Service law resources. With the exception of Component Command (ASCC), the providing trial judges and trial defense theater army area commands counsel-which are detailed centrally (TAACOMs) or theater support from USALSA-the SJA sections for commands (TSCs), area support groups the divisions within the ASCC are (ASGs), Army special operations responsible for practicing operational commands, and other units and law and providing legal support to functional commands (e.g., personnel operations across all legal disciplines in assigned geographic areas. The shift officer-in-charge (0IC)- 5.5.3 Command Posts also referred to as the "battle captainM-- is the focal point for information The practice and delivery of management. He controls all operational law in a division requires information going in and out of the understanding of the command post command post. In addition to managing (CP). The CP of a division is the informational flow, the battle captain is principal facility employed by the responsible for updating the current commander to command and control operations, maps, and charts. To combat operations. A division's accomplish his duties, the OIC must command post is frequently spoken of in have guidance from the commander, the singular, but a division commander XO, and S- 3, a thorough knowledge of normally deploys his command post in the TAC SOP, current orders, the three echelons or facilities. These are synchronized matrix, execution the tactical command post, the main checklist, and other command and command post, and the rear command control tools, and subordinate unit plans post. Note, emerging doctrine in the and graphics. The shift OIC is assisted Force XXI digitized divisions may use by the shift noncommissioned officer-in- only two command posts-a tactical charge (NCOIC). The shift NCOIC command post (sometimes referred to as supervises all updating of maps and the DTAC or TAC1) and a main CP. charts to ensure all information is Both of these CPs are larger than their exchanged. He supervises monitoring Anny of Excellence Division tactical CP radios and maintenance. He ensures and main CP counterparts. The journals are properly prepared and digitized division, however, may have prepares all reports for the OIC's no rear CP. Judge advocates in approval. command posts provide operational law support and provide or facilitate support The tactical CP (sometimes called in core legal disciplines required to "TAC CP;" or, in rapidly deployed sustain the organization, as described in divisions, the "Assault CP;" or in Chapter 3. Airborne and Air Assault Divisions the Joint Airborne and Communications CPs are organized and set up to Center Command Post, or JACCICP; or operate on a 24-hour basis. This as TACl in the Digitized Division) is includes operating while displacing. the forward echelon of the Division's Shifts must be established that provide CP. The concept behind the TAC CP is enough personnel to operate the CP and that it is close to the brigade also the required expertise to make commanders' CPs so that the division decisions. There should not be a "first commander can directly influence team" and "second team" approach. current operations. The rule of thumb is Both shifts must be capable of efficient that the TAC CP should be within FM CP operation. Command group radio range of the committed brigades. personnel are not included in the shifts. The Assistant Division Commander for Maneuver (ADC-M) normally leads the TAC CP. This is a lean apparatus, Legal Support to Operations typically consisting of about a dozen control current operations if the TAC CP officers and a few NCOs operating out or main CP cannot function. The rear of a few vehicles or tents.''' Judge CP's main concerns are advocates in the TAC CP provide advice synchronization/direction of combat regarding ROE, LOW, and other service support; terrain management; OPLAW matters. They also maintain security of the rear area; and movement situational awareness to identify and of tactical units, personnel, mail, and resolve legal concerns before they logistics. The Assistant Division become distracters. Commander for Support (ADC-S) normally leads the rear CP, which is The main CP is the primary division collocated with the CP of the Division CP. Whereas the TAC CP focuses on Support Command (DISCOM), the commanding and controlling current brigade-sized element dedicated to operations, the main CP focuses on logistical support of the division. The sustaining current operations and on rear CP is in the division's rear area, planning future operations. It should be though this does not imply it will be located out of enemy medium artillery spared enemy attack. To the contrary, a range so that the enemy must take a division's rear area contains many of the special effort to knock it out if it is able division's most lucrative targets. The to find it. The officer in day to day rear CP does not exist in the Digitized charge of the main CP is the Division Division. Chief of Staff. The Division Commander normally commands from 5.5.4 Jud~eAdvocate Dis~odtion the main CP, though he will frequently travel to the TAC CP, to the rear CP, to Frequently, when direct, immediate subordinate unit CPs, or wherever he legal advice is required, the OPLAW JA can best exercise his will. The main CP will deploy with the TAC CP (or, in is a much bigger operation than the TAC rapidly deployable divisions, with the CP, consisting of more than 50 officers, assault CP). Division commanders will NCOs, and enlisted soldiers. The elect to use an augmented TAC CP or Division Headquarters Company moves assault CP when split-based operations the main CP when it has to move, and it are necessary. Split-base operations secures the main CP from attack. The involve a forward and a rearward CP Digitized Division's Main CP, while separated by great distances and linked having various cells to include an by reliable communications. These Jnformation Operations cell, can be an communications enable the passing of extended distance from the DTAC or staff work electronically from a secure TAC1 making appropriate mobility and area (the location of the rearward CP) to communication capabilities a must to a combat zone (the location of a forward maintain situational awareness. CP) and back again. The forward and rearward CPs are designed based on The rear CP focuses on everyttung METT-TC by beginning from the TAC else- essentially the massive job of CP/ assault CP and rear CP models and sustaining current and future then dividing functions from the main operations-and remains prepared to CP model. When the TAC CP is thus augmented, the OPLAW JA frequently into DOCC planning and the MDMP by deploys with it. In the digitized interpreting ROE. division, OPLAW JAs are positioned in the DTACITACl to render immediate The DOCC uses a methodology OPLAW advice, particularly within the known as decide-detect-deliver-assess. C2 function. This methodology is explained in detail in Field Manual 6-20-10, Tactics, As a general rule, however, Army Techniques, and Procedures for The doctrine for division operations locates Targeting Process.182 This manual is the OPLAW JA in the main CP. essential reading for the OPLAW JA and Because the Division Commander SJA. normally commands the division from the main CP, the SJA will locate himself The bulk of the SJA section deploys there, with the OPLAW JA. The SJA with the combat service support cell of and the OPLAW JA will normally divide the rear CPlg3 The SJA will position operational law duties in the main CP, himself with this element as necessary to which include participation in the Deep ensure the provision of professional Operations Coordination Cell (DOCC). legal services, but the DSJA normally Each of these judge advocates is a supervises the performance of legal member of the DOCC, which identifies duties in the rear CP (or sustainment and plans attacks on deep, high-payoff cell). These duties comprise both targets and whose members include the OPLAW functions (C2 and Division Artillery (DIVARTY) sustainment), personnel service support, Commander, the Deputy Fire Support and all six legal disciplines. While all Coordinator (DFSCOORD), the Deputy legal personnel in the SJA section must G-3 for Plans, and a G-2 representative. be capable of resolving issues across this Within the main CP, these judge entire range of duties, the practice and advocates will locate themselves with delivery of OPLAW from within the the G-3 plans element. Note, emerging combat service support cell will be doctrine may push the DOCC forward to marked by significant division of labor. the TAC CP; this would require a judge The volume of legal issues arising and advocate in the TAC. the number of judge advocates available will compel and permit particular judge OPLAW duties in the main CP (or, advocates to concentrate on certain when appropriate, in the TAC CPI functions and disciplines. In this way, assault CP) involve the counselor the section will take advantage of function and the core legal disciplines special expertise of judge advocates. supporting the command and control, and sustainment of battlefield The remainder of the division SJA operations. Judge advocates provide section deploys with the command posts legal support to combat service support of subordinate brigades, brigade-sized and personnel service support operations commands, or separate battalions. The from the rear CP or other support SJA will determine which subordinate location. The SJA and CJA introduce commands are directly supported by relevant operational law considerations judge advocates serving as Chiefs of Legal Support to Operations

Brigade Operational Luw Teams throughout the theater. Accurate and (BOLTs). In making this determination, timely OPLAW advice to the the SJA will consider ME'IT-TC and the commander depends on tactical principles of tailoring in Chapter 2. communication linkages. For example, BOLTs are discussed later in this in a digitized headquarters, operational chapter. attorneys must have immediate access to MCS-Phoenix. Judge advocates must be Army Service Component diligent to comply with information and Command. The Army Service operational security requirements when Component Command (ASCC) OSJA using these resources. structure must be tailored to support C2, sustainment, and support operations for The ASCC SJA is a member of the the deployed force. Army legal ASCC commander's personal and personnel serve at several levels within a special staffs. The TAACOWTSC SJA theater. The Army Service Component is the senior JA within that structure and Command (ASCC) includes an SJA a member of the TAACOWTSC section. The corps, divisional, and commander's personal and special staff. separate brigade commands subordinate In their respective organizations, they to the ASCC also include SJA or CJA provide advice on all aspects of law and sections, or BOLTs, as do various military operations. They supervise the supporting theater army area commands delivery of legal services throughout the (TAACOMs) or theater support theater of operations and are a technical commands (TSCs), area support groups channel conduit. The SJA requires (ASGs), Army special operations dedicated transportation assets/support commands, and other units and to perform these funpions throughout functional commands (e.g., personnel the area of operations. commands, medical commands, engineer commands, etc.) in theater. Judge advocates in the ASCC's The SJA is the senior judge advocate in Early Entry and Operations/Intelligence the ASCC. The SJA is assisted by the Modules support the commander and DSJA, other judge advocates, a legal staff in the conduct of military administrator (warrant officer), the operations. On a twenty-four (24)-hour CLNCO, and legal specialists. Judge per day basis, they integrate proactive advocates are also located in theater legal support into all aspects of the command, group, regiment, and brigade conduct of operations. They support headquarters. Legal specialists are also current operations and plans. Judge located in theater command, group, advocates in the TAACOWTSC Early regiment, brigade, and battalion or Entry Module (EEM) provide similar squadron headquarters. Continuous, support to TAACOWTSC early entry reliable communication networks, both operations. This includes the critical secure and non-secure, and RDL role of providing legal review and advice linkages with the tactical command and for contracting actions. control network and the unclassified Internet (including LAAWS) are Judge advocates in the ASCC Main essential to provide legal support Module provide specialized legal knowledge, training, and experience in civilian personnel. Judge advocates support of theater-wide operations. support the corps support command They provide centralized services, along (COSCOM), and each group, regiment, with any additional support and separate brigade headquarters. requirements unable to be filled by judge METT-TC dependent, the SJA can task advocates located in subordinate units. organize legal support below separate Judge advocates of the TAACOM/TSC brigades. Legal specialists support each provide similar support throughout the group, regiment, separate brigade, and TAACOMITSC and its subordinate battalion or squadron headquarters. units. Judge advocates in the ASCC Continuous, reliable communication Rear Module support rear operations networks, both secure and non-secure, and assist contracting officers in the and RDL linkages with the tactical theater rear. command and control network and the unclassified Internet (including Legal specialists in the ASCC and LAAWS) are essential to provide legal TAACOWTSC headquarters work in support throughout the theater. support of the SJA section and OPLAW Accurate and timely OPLAW advice to JAs. They work under the supervision the commander depends on tactical of judge advocates, collect information, communication linkages. For example, conduct research, and prepare in a digitized corps, OPLAW JAs must documents. They support judge have immediate access to MCS-Phoenix. advocates and commanders and assist in Judge advocates must be diligent to the delivery of legal services. Some comply with information and legal specialists are specially trained operational security requirements when court reporters, who compile verbatim using these resources. records of judicial and other proceedings. The CLNCO supervises The SJA is a member of the corps and trains legal specialists throughout commander's personal and special the theater of operations. Legal staffs. The SJA provides legal advice to specialists in battalion, squadron, group, the commander on all aspects of law and regiment, and brigade headquarters military operations. The SJA supervises provide professional and ministerial the delivery of legal services throughout support of legal actions. Under the the corps and exercises operational supervision of judge advocates, they control over all JAGC personnel provide the critical forward assistance assigned to the corps. The SJA provides for the judge advocates and facilitate the technical supervision and provides delivery of legal services and the judge support as necessary to division, advocates' legal advice. separate brigade, and armored cavalry regiment judge advocates within the Corps. The SJA is the senior judge corps. The SJA exercises operational advocate in the corps. The SJA is control over additional legal assets, legal assisted in the corps headquarters by the organizations, or legal teams that are DSJA, other judge advocates, a legal assigned to the corps area, except administrator (warrant officer), the military judges who perform CLNCO, legal specialists,, and JAGC independently under the U.S. Anny Trial Legal Support to Operations

Judiciary, and Defense Counsel who operations in the corps main command perform independently under the U.S. post. Army Trial Defense Service. The SJA Judge advocates at the Army of task organizes legal assets to provide Excellence corps rear command post, or responsive legal support throughout the other support location, provide corps areas of operation, and as far specialized knowledge, training, and forward on the battlefield as necessary. experience in support of corps rear The SJA requires dedicated operations. They are prepared to assume transportation assets/support to perform the mission of the corps main legal these functions throughout the area of section. They provide centralized legal operations. services relating primarily to personnel support operations, but they also assist The DSJA acts for the SJA, the SJA with C2 and sustainrnent legal administers the full range of legal support as required. services throughout the area of operations, mentors legal personnel, Legal specialists in the corps supervises legal operations in the Army headquarters work in support of the of Excellence Corps Rear Command OSJA and OPLAW JAs. They work Post, or at other separate locations, and under the supervision of judge plans collective training. advocates, collect information, conduct research, and prepare documents. They Judge advocates in the corps tactical support judge advocates and command post advise the corps commanders and assist in the delivery of commander and the battle staff on legal legal services. Some legal specialists are issues associated with the conduct of specially trained court reporters who military operations. On a twenty-four compile verbatim records of judicial and hour per day basis, they integrate other proceedings. The CLNCO proactive legal support into all aspects supervises and trains legal specialists of the conduct of operations. throughout the corps.

Judge advocates located at the corps Judge advocates in the COSCOM, main command post provide specialized group, regiment, and separate brigade knowledge, training, and experience in headquarters provide legal support to the support of corps-wide operations. They commanders in all functional areas (to provide operational law and core legal include subordinate commanders at all discipline support at the main CP. They levels), staffs, leaders, and soldiers of support group, regimental, command, the unit. In addition to OPLAW duties, and brigade judge advocates. the COSCOM judge advocate may be tasked to provide or coordinate for Judge advocates in the corps G3 contract law advice in support of the plans and operations sections, COSCOM. information operations, or other operational cells provide legal advice Legal specialists in the COSCOM, and assistance in support of plans, group, regiment, brigade, battalion, and targeting operations, and current squadron headquarters support the processing of legal actions. Under the The essence of a combat division is supervision of judge advocates, they that it trains and fights as a team, and it provide the critical forward assistance has the necessary equipment to fight for for the judge advocates and facilitate the a significant time.. Although Army delivery of legal services and the judge doctrine designates the corps as the advocates' legal advice. largest tactical organization, the division is the largest organization that regularly Division/Separate trains as a team. A typical light infantry Brigade/Armored Cavalry Regiment. division has three infantry brigades (each comprising three battalions), an The division SJA section is the aviation brigade, a brigade-sized lowest-echelon, organic, full-service artillery element, a brigade-sized element of legal support to operations. logistical support element, and a number It is modular-capable of being tailored of separate battalions. In rough terms, it to provide legal support for specific consists of about 18,000 soldiers missions that may be undertaken during equipped with rifles, machine guns, a war. It also features significant mortars, anti-tank missiles, bridging synergy-a product of bringing together equipment, air defense missiles, artillery diverse, techcally skilled legal tubes, helicopters, and other weapons professionals and providing them the and equipment. informational and legal research infi-astructure necessary for tackling A typical mechanized infantry complex legal issues. division has two mechanized and one armored brigade (sometimes referred to Each division receives the organic as "maneuver brigades"), an engineer full- service operational legal support of brigade, an aviation brigade, a brigade- a complete SJA section because sized artillery element, a brigade-sized divisions are depended upon. to fight logistical element, and a number of battles and engagements (the tactical separate battalions. The maneuver level) in such a way as to achieve brigades will include, as a whole, five success at the operational level. An mechanized and five armored battalions, Army corps is two or more divisions. An task organized by the division Army division is a unit that combines in commander according to METT-TC. A itself the necessary arms and services typical armored division features the required for sustained combat. same capabilities as the mechanized infantry division except that it has two There are different types of armored brigades and one mechanized divisions- armored, mechanized, light brigade. These maneuver brigades in infantry, airborne, and air assault, - the armored division will include, as a and not all of these types are exclusive. whole, six armored and four mechanized For instance, airborne divisions are battalions task organized into brigades capable of all missions assigned to light according to METT-TC. infantry divisions. This manual focuses on division SJA section deployment during war or other Legal Support to Operations

prolonged operations because the all functional areas of legal support division is the focus of Army across all six legal disciplines. For this warfighting doctrine. However, the to occur, the OPLAW JA must have division SJA section model also access to the commander and continuous provides a guide for achieving the secure and non-secure communication proper balance of modularity and and automation capabilities. Judge synergy in SJA sections that support advocates must be diligent to comply corps, TAACOMsITSCs and other large with information and operational commands. Although military security requirements when using these operations other than war (MOOTW) resources. sometimes require the deployment of entire division SJA sections, military The SJA is a member of the division operations in war invariably require such commander's personal and special deployment. In war, the division SJA is staffs. The SJA provides legal advice to the ultimate practitioner of OPLAW. He the commander on all aspects of law and positions himself at all times to support military operations. The SJA supervises the division commander, who must the delivery of legal services throughout constantly strive to link the employment the division and exercises operational of soldiers and materiel to strategic control over JAGC personnel assigned to aims. The division SJA organizes the the division and its subordinate units. section as necessary to provide The SJA requires dedicated professional legal services at all transportation assets/support to perform subordinate echelons of command. these functions throughout the area of operations. The SJA is the senior judge advocate in the division. The SJA is assisted in The DSJA is normally the second the division headquarters by the DSJA, most senior judge advocate. The DSJA other judge advocates, a legal acts for the SJA, administers the full administrator (warrant officer), the range of legal services throughout the CLNCO, and legal specialists. Judge area of operations, mentors legal advocates support each brigade to personnel, supervises the brigade judge include the division artillery advocates, and plans collective training. (DIVARTY), the Engineer Brigade, and DISCOM headquarters. Legal Judge advocates in the OSJA specialists also support each brigade, provide specialized legal knowledge, battaIion, or squadron headquarters. training, and experience in support of Continuous, reliable communication division C2, sustainment, and support networks and RDL linkages to C2, operations. They provide centralized sustainment, and support systems and services and augment brigade judge LAAWS are essential to provide legal advocates. The JAGC provides OPLAW support throughout the division. support and comprehensive legal Particularly in digitized divisions, where services in core legal disciplines brigades may have extraordinary lines of throughout all phases of military communication, brigade judge operations. Mission, enemy, terrain, advocates must be prepared to provide troops, time available, and civilians (METT-TC) impact the precise location operations in the division main CP. The for delivery of services. OPLAW commander or SJA may task organize support is provided as part of an overall his judge advocate support to optimize plan for delivery of comprehensive legal situational awareness, such as providing services. OPLAW support is generally dedicated legal support to the emerging provided at the division tactical information operations (10)cell. operations center, division G-3 plans and operations sections, division information operations cell, targeting cell, and each brigade headquarters. Based on mission requirements, OPLAW support may be provided to battalion and smaller-sized organizations.

Legal specialists in the division headquarters work in support of the SJA and OPLAW JA. They work with, and under the supervision of, judge advocates, ,collect information, conduct research, and prepare documents. They support judge advocates and commanders and assist in the delivery of legal services. Some legal specialists are specially trained court reporters who compile verbatim records of judicial and other proceedings. The CLNCO supervises and trains legal specialists throughout the division.

Judge advocates in the division's TAC CP advise the division commander, the assistant division commander, and the battle staff on legal issues associated with the conduct of military operations. On a twenty-four (24)-hour per day basis, they integrate proactive legal support into all aspects of the conduct of operations.

Judge advocates in the division G3 plans, operations, or information operations sections provide legal advice and assistance in support of plans, ROE, targeting operations, and current Legal Support to Operations

Office of the Staff Judge Advocate Aviation Brigade Digitized Division Division Artillery 1 JAY1 NCOIC (71D) 1 JAY1 NCOlC (71D) 3-5 Bn 71Ds 1st BCT 2d BCT 3-5 Bn 71Ds 1 JAY1 NCOlC (71 D) 1 JAY1 NCOIC (71 D) 3-5 Bn 71Ds 3-5 Bn 71Ds

TACl / DTAC 2 JAs (12 Hour Shifts) in DOCC 1 MCS Terminal

DIVISION MAIN

Sustainment Cell: SJA, Legal Admin (cW3)~CLNCO 6 JAs: Chfs, LA, MJ, AdAnt'l Law 2 MCS Operators (71 Ds) 3 Plans/Exercises Cell (PLEX): 9 71 Ds

Figure 5-1

The above diagram depicts one model of judge advocate organization to support provide legal support to the emerging digitized division. Judge advocates are task organized to maximize situational awareness given the potentially enormous division battlespace made possible by technological advances. Note that the BOLT may be hundreds of kilometers from the Division Main. Office of the Staff Judge Advocate 1st Brigade Army of Excellence Division 3d Brigade 1JA, 1NCOlC (71 D) NColC (71D) 3-5Bn 71Ds 3-5 Bn 71Ds 2d Brigade 1JA, 1NCOlC (71 D) 3-5Bn 71Ds

Aviation Brigade 1JAY1 NCOlC (7lD) 3-5 Bn 71Ds

Division Support CMD - Engineer Brigade (DISCOM) Division Main 1JA, 1 NCOlC (71D) 1 JA, 1NCOlC (71D) SJA + 2 JAs 3-5 Bn 71Ds 3-5 Bn 71Ds 2 71Ds

Division Rear DSJA 7 JAs: DSJA, Chiefs of Operational Law, Claims, Intn'l Law, Admin Law, Legal Assistance, Military Justice 1Legal Administrator (Warrant Officer), 1Chief Legal NCOIC, 22 71Ds

Figure 5-2

Another model of judge advocate organization based on the Army of Excellence. Legal Support to Operations

The Brigade Operational Law Team team. The provision of timely and (BOLT). The SJA task organizes accurate legal support requires the OPLAW support to commanders, staffs, combined team of the legal specialist and soldiers of a brigade combat team and the brigade judge advocate. There (BCT) or brigade task force. The SJA are instances, however, when a brigade identifies early, the Brigade Judge judge advocate is required to support Advocate, who serves as Chief of the more than one brigade. Further, a judge BOLT. This judge advocate is usually advocate deploying with the brigade the trial counsel for that brigade while in may have requirements to support other ganison. The BOLT also includes the organizations within the area of legal specialists assigned to the operations. These variables emphasize supported BCT. The legal issues facing the brigade judge advocate's need for brigade judge advocates may extend mobility and cornmurlication capability. across the full spectrum of OPLAW and the core legal disciplines. Although it is The DISCOM BOLT should have trained and equipped to identify issues training or experience in contract law. across all three functional areas and the In addition to other legal duties, the six disciplines of legal support to DISCOM brigade judge advocate may operations, the challenge for the BOLT be tasked to provide or coordinate for is always to achieve requisite synergy to contract law advice in support of the resolve complex legal questions within DISCOM. particular disciplines. Often, this synergy can be achieved only by Judge advocates and legal specialists communicating with the division SJA serving in BOLTs must understand the section and other judge advocates in capabilities and role of brigade-sized technical channels. units in the Army. The brigade is the first unit in the infantry or armored The division SJA, in consultation soldier's upward chain of command that with the DSJA, determines which includes a full range of soldiers who do subordinate units within the division tasks very much different from his own. will be directly supported by BOLTs. A brigade task force includes The SJA considers METT-TC in making interrogators, counterintelligence this determination, paying particular operatives, attack helicopter pilots, attention to the likely complexity and howitzer crew chiefs, Marine Corps air volume of legal issues the subordinate and naval gunfire liaisons (ANGLICO), unit will face and to the ability of the heavy anti-tank weapon gunners, unit to receive OPLAW support from bulldozer operators, air defense gunners, assets located with division command fuel bladder technicians, engine posts. The legal specialists that repairmen, water purifiers, ambulance comprise the BOLT are under the drivers, physicians, and graves supervision of the brigade judge registrars. The brigade is the smallest advocate and provide the critical unit in the Army that must integrate all forward assistance for the brigade judge of the seven battlefield operating advocate and facilitate the delivery of systems-intelligence, maneuver, fire legal services across the brigade combat support, mobilitylsurvivability, air defense, combat service support, battle command. Accordingly, the BOLT command-into a potent whole. cannot and does not attempt Brigade task forces that deploy with environmental litigation, legal BOLTs and brigade surgeons are also representation in foreign legal systems, the smallest units in the Army that have review of high dollar-value contracts, their own legal and medical convening of general courts-martial, professionals in the field. For a more conclusion of international agreements, detailed explanation of brigades and drafting of inter vivos trusts, review of how they are organized and fight, see, Foreign Military Sales cases and other e.g., DEP'TOF ARMYFIELDMANUAL 7 1 - highly technical services. The BOLT 3, THE ARMOREDAND MECHANIZED seeks to practice preventive law and to INFANTRYBRIGADE (8 Jan. 1996); DEP'T identify the full range of legal issues that OF ARMY FIELD MANUAL 71-123, need to be raised to higher echelons. TACTICS AND TECHNIQUESFOR COMBINEDARMS HEAVY FORCES: 5.5.5 Brigade Command and ARMOREDBRIGADE, BATTALION TASK Control Facilities FORCE,AND COMPANYTEAM (30 Sep. 1992). Judge advocates serving as Chiefs of BOLTs must understand the brigade The BOLT must be present in the command and control facilities. They TOC or TAC, have access to the are adept at obtaining information from commander, and have the training, the flow of messages into and out of mobility, secure communications and these facilities, at inserting important equipment to provide the right answers information into that flow, at helping the at the right time and place. Legal brigade staff determine what ingredient support to operations contributes to the decision process needs, and in several other battlefield operating supplying the needed ingredient. systems in addition to combat service support. The most prominent of these is The brigade has four types of the command and control system, but command and control facilities: the intelligence, maneuver, fire support, command group, the tactical CP, the mobility1 countermobilityl survivability, main CP, and the rear CP. Like the and air defense also require OPLAW command posts discussed at division support. In serving within these other level in Chapter 5, the brigade CP must systems, the BOLT must be prepared be able to ensure that the commander is both to identify and resolve the full continually abreast of the developing range of legal issues-across the legal situation that subordinate commanders functional areas and core legal are provided with the means to disciplines-by inserting sound analysis accomplish their assigned missions. and recommendations into the brigade's MDMP. The brigade command group is a temporary organization consisting of the Legal support to operations must be brigade commander and other soldiers managed with careful attention to what and equipment required to perform can and must be done at each echelon of command group functions. The primary Legal Support to Operations function of the command group is to support battalion commander is influence the immediate action through responsible for fighting rear operations. the commander's personal presence. Other functions include observing the An infantry brigade must maintain battlefield, synchronizing the battle, and continuous, synchronized operations. providing planning guidance. The To establish the necessary "battle command group moves forward from the rhythm" to make this happen, the tactical CP. The command group brigade makes optimal use of scheduled sometimes operates from a command conference calls, shift change briefings, and control helicopter. and battle update briefs (BUBs). The brigade commander conducts conference The tactical command post (TAC calls with his subordinate commanders CP) fights current close operations, at regular intervals shortly after the provides the commander with combat division conference calls. The shift critical information, and disseminates change brief is supervised by the the commander's decisions. It is outgoing TOC shift OIC and is designed supervised by the brigade S-3 and is to exchange information between the usually as far forward as the battalion outgoing and incoming shifts. It can main CPs. The TAC CP should strive to also serve as a commander's update, but have redundant abilities in personnel the primary audience is the incoming and equipment at the main command shift. Battle Update Briefs are called on post. an as-needed basis to update the TOC on current and significant events. The main command post monitors the current battle, executes planned deep Occasionally, when he can be attacks, and plans future operations. It expected to make a direct contribution coordinates operations throughout the to current operations, the brigade judge brigade sector and keeps higher advocate will deploy with the TAC CP headquarters informed. It is supervised or accompany the brigade command by the brigade executive officer (XO) group. As a general rule, however, the and includes staff personnel representing brigade judge advocate will deploy with all facets of brigade operations. The the main CP. Because the brigade tactical operations center (TOC)is the commander normally commands the operations cell within the main brigade from the main CP, this is the command post. optimal position for the brigade judge advocate. The brigade judge advocate, The forward support battalion (FSB) supported by the brigade legal specialist, commander supervises the rear will provide OPLAW support in the command post, which is collocated with main CP, which will include the forward support battalion CP. The participation in the brigade's targeting rear CP is responsible for process. When in the TOC at the main administrativeflogistic functions. The CP-as opposed to the TAC or assault rear CP or the direct support artillery CP-the brigade judge advocate or legal battalion main CP is usually designated specialist should locate themselves as the brigade alternate CP. The forward adjacent to the PSYOP and civil affairs band of issues critical to sound decision- elements. making by command and staff.

The brigade level legal specialists of 5.6 MATEREL IN WAR the BOLT deploy with the rear CP, at the adminiswative and logistics The practice and delivery of legal operations center (ALOC). They are support in war may be marked by heavy supervised in their OPLAW duties by and persistent demand for administrative the BOLT element in the main CP. The law, contract, or fiscal law opinions, brigade judge advocate and legal foreign claims adjudication, for advice specialist communicate regularly with on United States obligations under treaty the remainder of the BOLT in the rear or foreign legal provisions, and for CP. They also periodically travel there interpretations of domestic security to provide leadership and guidance, to assistance statutes. It will likely require provide legal assistance and complete the convening of courts-martial. It will other tasks that cannot be attempted in require the provision of a high volume the main CP, and to ensure that legal of legal assistance services. As specialists are utilized in support of the discussed earlier, critical legal support operational law mission. within the personnel service support function will surge during The present manual identifies the predeployment, then remain at a BOLT as the model of modular legal relatively constant volume once in support to an Army unit smaller than theater. OPLAW-C2 and division size. Many of the sustainment-will surge upon entry into organizational principles defining the the theater with command and control BOLT can be applied to good effect in issues dominating legal support during the modular legal support teams that combat operations and sustainment deploy with special operations elements. issues just before and after combat For example, the SJAs of United States operations. As communications Army Special Operations Command and improve and weapons lethality continues United States Army Special Forces to increase the battlespace, judge Command face the same challenges in advocates must be linked into the generating synergy around the legal tactical and non-tactical communication challenges that confront the Group systems. To effectively provide Judge Advocates and OPLAW teams OPLAW advice to the commander at the that deploy with special forces groups. critical time and place on the battlefield, Although the unique mission of special judge advocates must remain aware of forces groups will inevitably raise the tactical situation and have access to distinct legal questions (see the the commander. discussion of special operations in Chapter 4), these judge advocates and The materiel that accompanies the teams, like BOLTS, must be able to division SJA section must be sufficient identify a broad range of legal issues, in types and quantities to meet these and coordinate those issues with higher requirements. Chapter 4 described in technical channels, while focusing on a general terms the automation, mobility, Legal Support to Operations

and communications equipment 5.7 TRAINING FOR WAR necessary for OPLAW elements to accomplish their missions. The training challenge in today and tomorrow's military is immense. Judge The materiel requirements of the advocates must balance the ever-present SJA section in prolonged, large-scale mission in garrison with the need to operations are not limited to automation, deploy and provide our commanders and mobility, and communications soldiers with the full range of legal equipment. CD ROM and hard copy support in operations. Like their non- books and forms are also needed to back legal counterparts, legal personnel must up essential references, or for frequent be aware of and train with emerging use or consultation. technologies-global positioning devices (GPS), night vision devices, The need for courts-martial to vehicles, communication means, and maintain good order and discipline will automation software and hardware. All require the establishment of a legal personnel should be well read on courtroom, judge's chamber, emergng joint and army doctrine and deliberation room, and private locations train on individual soldier skills at every suitable for interviewing witnesses or the opportunity (e.g., SJA section leader accused by counsel. The frequency of development programs, unit exercises, reference to reported case precedents deployment to the Army's Combat may justify the deployment of hard copy Training Centers). case reporters to augment the cases contained on compact disk. Also, The division SJA, in conjunction adequate furniture, lighting, court with the DSJA, CLNCO, and Legal reporter equipment, supplies for the Administrator, trains the SJA section for creation of exhibits, and a means for wartime deployment using Army photocopying key documents will be training doctrine, the application of essential to the achievement of justice which to OPLAW was described in and due process close to the forward line Chapter 4. of troops. The SJA section's METL is the In war, the adequate provision of single most important product for professional legal services at all conducting battle focused training. The echelons of command (to include the SJA and DSJA must use the process companies, battalions, brigades, described in Chapter 4 to develop and divisions, and corps making up the assess METLs of LSOsMSOs andlor tactical level) requires courts-martial to the judge advocate sections of other RC be conducted in theater. Discipline in a units within their subordinate wartrace combat zone is ill-served by courts- chain of command. This process should martial conducted far away from the be part of the training association dangers of war. relationships between SJA sections and RC units, such as the training relationships created and fostered pursuant to FORSCOM Regulation 27- 1, Judge Advocate Training Association Program (15 Jun 1998).

In planning training to develop proficiency on a mission essential tasks, Battle Command Training Program (BCTP) rotations should be given special emphasis. The BCTP is the only combat training center with the specific mission of providing stressful and realistic training to corps and division staffs on their METLs. SJAs and DSJAs, in conjunction with CLAM0 and judge advocate observer- controllers detailed to the BCTP, must ensure that OPLAW issues are fully and realistically integrated into BCTP rotations. Integration of legal issues that have arisen during deployments is essential not only for the effective training of the SJA section; it is essential for the effective training of the command and staff.lp4 Legal Support to Operations

Chapter 6 Legal Support to Military Operations Other Than War

United States military operations in the Republic CONTENTS .PAGE of Haiti in 1994 and 1995 represented a comprehensive and stunningly successful INTRODUCTION...... application of law to fluid and challenging STRATEGIC CONCEPT ...... circumstances. Many Americans will recall the tense beginning. when a large combat force THEATER CONCEPT...... Political Objectives...... entered Haiti peacefully on terms negotiated in Legal Complexity...... the ll? hour by duly empowered civilian Mission Complexity...... representatives of the United States. Many Command and Control...... Americans also will recall how these operations Interagency Coordination...... soon achieved the ouster of a dictator. the return THE ARMY'S ROLE IN MOOTW ..... to power of an elected Haitian president. and the Arms Control...... removal of a threat to regional peace and Combating Terrorism...... security. These aspects of the Haiti deployment Counter-Drug Operations...... not only reafirmed the rule of law. they also held Enforcement of Sanctions and Exclusion Zones...... a symbolic and political importance that aroused Humanitarian Assistance ...... great popular interest. Nation Assistance ...... Noncombatant Evacuation Yet other signijicant applications of law took Operations...... place day.to.day. at the individual and unit level. Peace Operations...... Infantry privates balanced initiative with Recovery Operations...... Show of Force Operations...... restraint under the rules of engagement while Strikes and Raids...... confronting potentially hostile Haitians. Supply Support to Insurgencies...... clerks distributed food and other items that had Operations under Armistice been purchased strictly in accordance with Conditions...... acquisition and appropriations laws. Military policemen treated Haitian detainees pursuant ORGANIZATION OF LEGAL both to internal rules and to standards derived SUPPORT...... from international treaties. Investigating oficers LEGAL'ASPECTS OF C2. pe73'ormed their duties thoroughly and fairly in SUSTAINMENT. AND SUPPORT OPERATIONS...... gathering evidence about incidents of alleged Legal Basis for Operation...... misconduct. Soldiers, sailors. airmen. and Status of Forces...... marines remained undistracted by personal International and lnteragency concerns. enjoying a sense of security provided Relationships...... by statutory programs of life insurance and legal Use of Force and Rules of Engagement (ROE) ...... assistance. With very few exceptions. these men Treatment of Civilians ...... and women in uniform also scrupulously followed Fiscal Responsibility...... orders given by their chain of command. Intelligence Oversight...... justzfying a disciplinary system acknowledged by LEGAL TNG REQUIREMENTS Congress and the courts to be essential to mission accomplishment. LEGAL EQUIP REQUIREMENTS.... SUMMARY...... Center for Law and Military Operations Law and Military Operations in Haiti. 1994-1995 18' 6.1 INTRODUCTION operations, show of force operations, strikes and raids, support to insurgency, The last chapter described legal and operating under armistice support to operations in war. This ~onditions.'~~ chapter describes legal support to military operations other than war MOOTW present significant legal (MOOTW) outside the United States. challenges to judge advocates. First, The next chapter describes military they must understand and relate the operations within the United States. national and international political and legal frameworks affecting the specific MOOTW are "[o]perations that operation. These frameworks affect encompass the use of military command authority, ROE, and the capabilities across the range of military success of operations more than they do operations short of war. These military in war. Second, they must frequently actions can be applied to complement advise commanders concerning the any combination of the other relationships between international instruments of national power and occur forces, joint forces, non-governmental before, during, and after war."186 agencies, private voluntary organizations, and U.S. governmental Although MOOTW and war may agencies. Third, they must forge often seem similar in action, MOOTW consensus among joint, international, focus on deterring war and promoting government, and private organizations peace while war encompasses large- on legal issues, thereby promoting unity scale, sustained combat operations to of effort and mission legitimacy. achieve national objectives or to protect Fourth, they must identify and resolve national interests. MOOTW are more technical legal issues in specialized, sensitive to political considerations and fluid, and uncertain operational often the military may not be the situations. primary player. More restrictive ROE and a hierarchy of national objectives To assist judge advocates who are followed. MOOTW are initiated by support MOOTW, this chapter will the National Command Authorities and describe the strategc and theater are usually, but not always, conducted concepts common to MOOTW, the outside of the United States.18' Army's role in MOOTW, unique considerations for organizing legal There are many types of MOOTW, support for MOOTW, prominent legal several having multiple components: issues affecting command and control, arms control, combating terrorism, sustainment, and support operations in support to counter-drug operations, MOOTW, and legal training and enforcement of sanctions and exclusion equipment requirements. Judge zones, ensuring freedom of navigation advocates should also read current joint and overflight, humanitarian assistance, and army doctrinal publications on nation assistance, noncombatant MOOTW.~~~ evacuation operations, peace operations, protection of shipping, recovery Legal Support to Operations

6.2 STRATEGIC CONCEPT Partnership for Peace, foreign military sales, and military-to-military contacts United States security strategy calls promote stability, build coalitions, for U.S. leadership abroad - "we must enhance interoperability, and promote lead abroad if we are to be secure at democracy.Ig8 Counterdrug and home .. ."Ig0 As a result, the U.S. "must counterterrorism operations protect be prepared and willing to use all Americans and other nationals, and fight appropriate instruments of national drug and terrorist organizations through power to influence the actions of other international cooperation, intelligence states and non-state actor^."'^' This and technical support, and nation leadership requires engagement with assi~tance.'~~Peacekeeping operations U.S. political, economic, and military support peace agreements and facilitate power to shape the international long term settlements through environment and to promote deployment of military units to monitor democracy.lg2 and perform other assigned tasks.200 Arms control prevents conflict and U.S. engagement will be reduces threat through treaty multinational and multidisciplinary. verification, weapons security, and "Durable relationships with allies and weapons seizure, dismantling, or friendly nations are vital to our security. destru~tion.~~' Noncombatant A central thrust of our strategy is to evacuation operations protect American strengthen and adapt the security citizens abroad and other selected relationships we have with key nations persons by extracting them from a around the world and create new dangerous location to a safe haven.202 relationships and structures when Sanctions enforcement of U.S . policy nece~sary."'~~The United States will use decisions and UN Security Council an integrated approach to address resolutions includes military operations threats, including superior military to interdict movement, prohibit activities forces, a strong diplomatic corps, and in a specific area, or ensure freedom of foreign assistance program.'94 navigation.*03 Peace Enforcement Frequently, military operations will be in operations apply military force to a supportive role or will support a lead maintain or restore international peace agency.lg5 and security.204 Military activities also support diplomatic activities such as "[Olur national military objectives peacemaking, peace building, and are to Promote Peace and Stability and, preventive dipl~macy.'~~ when necessary, to Defeat Adversaries."lg6 The fmt of these 6.3 THEATER CONCEPT requires MOOTW. There are several unique aspects Components of these objectives of the MOOTW theater: the primacy of include peacetime engagement and political objectives, legal complexity, deterrence,lg7and may involve any of a mission complexity, command and variety of military activities. Military control, and interagency coordination. activities such as international exercises, 6.3.1 Political Obiectives 6.3.3 Mission Com~lexitv

"Political objectives drive MOOTW MOOTW missions occur at every level from strategic to simultaneously and sequentially, and tacti~al."~~Political directives will involve extensive contact with civilians. authorize and prescribe military "Noncombat MOOTW may be operation^.^^' Political organizations conducted simultaneously with combat frequently take the lead role.208 Political MOOTW, such as HA [humanitarian considerations affect how the military assistance] in conjunction with PEO conducts operations.209 Political [peace enforcement operations]. It is implications may affect the success of also possible for part of a theater to be in the military operation, or require a wartime state while MOOTW is being changes in the operation.z10 "Having an conducted elsewhere within the same understanding of the political objective theater."216 Commanders must plan to helps avoid actions which may have transition from war to MOOTW, or from adverse political effects. It is not MOOTW to combat.217 The mission in uncommon in some MOOTW, for Haiti transitioned from sanctions example peacekeeping, for junior leaders enforcement to peacekeeping, and to make decisions which have included plans for simultaneous significant political implication^."^^' noncombatant evacuation and either forced or semi-permissive entry into Haitia218

MOOTW theaters are legally MOOTW missions are complex also complex for three reasons. First, units because of their impact on civilians. conducting MOOTW cannot rely solely Commanders must be prepared to collect on traditional law of war rules regarding human intelligence concerning political, the use of force, but must develop ROE cultural, and economic factors affecting that accomplish the mission and protect the operation,219 to conduct public the force consistent with international affairs, civil affairs, and psychological law and political directives.212 Second, operations,220to provide humanitarian MOOTW frequently involve national, a~sistance,~~'to develop ROE that multinational, and international legal protect the force without causing authority.'13 Reconciling the legal civilian ca~ualties,2~~to process civilian concerns of each nation, or concerns detainees,223 to process requests for between the U.S. and an international temporary refuge or asylum,224and to organization, is a challenging task.214 perform other tasks as the mission Third, the legal issues arising during requires. MOOTW may be specialized and widely varied. Commanders will require legal 6.3.4 Command and Control advice in international law, host nation law, fiscal law, security assistance, In MOOTW, Theater C2 must command authority, and other issues.215 account for multinational forces and myriad other organizations. National Command Authorities (NCA) and Joint Legal Support to Operations

Command and Control (C2) over the private voluntary organizations.233Forty U.S. military remain generally the same nongovernmental and private voluntary as in war.225 The President will never organizations were in Haiti;234 four- "relinquish . . .command authority .. . hundred were in Bosnia.235 Because but ...may . . .place U.S. forces under there are so many agencies and the temporary operational control of a organizations, each with its unique competent. . . authority and capabilities, judge advocates should consult the references Multinational forces may employ in footnote 189 of this chapter for more several C2 options: the lead nation specific information. option, in which one nation provides most of the forces and exercises 6.4 THE ARMY'S ROLE IN operational control of the multinational M00'nv force; the parallel option, in which a mandating organization selects a The Army's role in MOOTW outside commander, each nation contributes the United States is to perform specific proportionally to the staff, and each DoD missions, normally as part of a nation provides the commander some joint force, normally under the lead of degree of operational control; and the DoS, and in coordination with U.S. regional alliance option, in which an government, nongovernmental, and existing multinational headquarters private voluntary organization^.^^^ These exercises C2.2" The United Nations missions involve myriad legal concerns, Mission in Haiti is an example of the the most important of which are parallel 0ption.2'~ Operation Joint addressed later in this chapter. Endeavor in Bosnia is an example of the regional alliance 0ption.2~~ The doctrine on the types of MOOTW, and the interrelationships 6.3.5 Intera~encvCoordination between them is developing. This section will describe common Army Coordination with U.S. agencies, MOOTW missions outside the United nongovernmental organizations, and States: arms control, combating private voluntary organizations is terrorism, counter-drug operations, essential to understand the situation and sanctions enforcement, humanitarian society involved, 230 and to ensure unity assistance, nation assistance, of effort.u1 "For MOOTW outside the noncombatant evacuation operations, United States, the lead agency will peace operations, recovery operations, normally be the Department of State show of force, strikes and raids, support (DOS) and the U.S. Ambassador will to insurgencies, and operations under coordinate U.S. activities through an armistice conditions. Because doctrine established Country Team with is developing, judge advocates should representation from all U.S. departments consult the current doctrine when and agencies in that country, including planning or conducting an operation. mD.,,232 A Civil-Military Operations Center (CMOC) can provide effective coordination with nongovernmental and 6.4.1 Arms Control 6.4.3 Counter-Drug O~erations

Arms control is a plan, based upon While counter-drug operations international agreement, that governs the primarily support U.S. law enforcement numbers, types, or characteristics of agencies,246 they also support the weapon systems, or the strength, national drug control strategy goal of organization, equipment or employment breaking foreign sources of of armed f0rces.2~~ Potential army Counter-drug support to foreign nations missions include verifying treaty is provided through security assistance provisions, seizing weapons of mass programs and civil-military destruction, escorting weapon deliveries, ~perations.~~ Security assistance or disposing of weap0ns.2~~The army programs provide equipment needed to may also participate in confidence meet the drug threat, services related to building measures, including the equipment, and training in drug inspections, base visits, and equipment enforcement when granted exceptions to demon~trations.~~~ restrictions on police trai11ing.2~~Civil- military counter-drug operations in 6.4.2 corn bat in^ Terrorism foreign countries include providing information about the host nation drug Combating terrorism includes culture, cooperative programs to reduce antiterrorism and counterterrori~rn.~~~ drug trafficking, providing collateral Antiterrorism involves "defensive intelligence to host nation authorities, measures used to reduce the and assisting host nation information vulnerability of individual and property to terrorist acts, to include limited response and containment by local 6.4.4 Enforcement of Sanctions and military forces."241 Antiterrorism Exclusion Zones programs are comprehensive; they include threat analysis, vulnerability Sanctions and exclusion zone assessments, information security, enforcement are coercive measures to operations security, personnel security, enforce decisions of competent national physical security, crisis management or international a~thorities.~~'The planning, tactical measures to contain or military objectives are to establish resolve incidents, training, and public barriers to the flow of goods, or to affairs.242 "A well-planned, systematic, prohibit certain activities in specific all-source intelligence and geographic areas.252 Operations counterintelligence program is SUPPORT DEMOCRACY off Haiti in es~ential."~~Counterterrorism is a 1993, SOUTHERN WATCH in Iraq in special operations mission that involves 1992, and DENY FLIGHT in Bosnia in "offensive measures taken to prevent, 1993 are examples of sanctions and deter, and respond to terrori~rn."~ exclusion zone enf~rcement.~'~ Response measures "include preemptive, retaliatory, and rescue operations."245 Legal Support to Operations

6.4.5 Humanitarian Assistance Humanitarian and civic assistance programs are "provided in conjunction Humanitarian Assistance operations with military operations and exercises, "relieve or reduce the results of natural and must fulfill unit training or manmade disasters or other endemic requirements that incidentally create conditions such as human pain, disease, humanitarian benefit to the local hunger, or privation in countries or populace."261 This assistance may take regions outside the United state^."^" the form of medical, dental, and Military support is intended to veterinary care, and rudimentary supplement other agencies, and may include command and control, operational planning, intelligence, 6.4.7 Noncombatant Evacuation logistics, or Operations

6.4.6 Nation Assistance Noncombatant evacuation operations evacuate U.S. citizens and selected non- "Nation assistance is civil or military U.S. persons from a foreign country.263 assistance (other than HA [humanitarian These operations normally include assistance]) rendered to a nation by U.S. "swift insertions of a force, temporary forces within that nation's territory occupation of an objective, and a during peacetime, crises or emergencies, planned withdrawal upon completion of or war, based on agreements mutually the mission."264 Depending upon the concluded between the United States specific mission and situation, these and that nation."256 Nation assistance operations may require medical and includes security assistance, foreign dental support, combat search and internal defense, and humanitarian and rescue, mortuary affairs, public affairs, civic assistance programs provided psychological operations, and command under Title 10 U.S. Code Section 401 .257 and control Evacuee Security assistance provides defense processing may occur in country or in a articles, training, and services under the safe haven,266and may involve searching Foreign Military Sales Program, Foreign and segregating personnel, inspecting Military Financing Program, for restricted items, providing logistical, International Military Education and medical, and chaplain support, and Training Program, Economic Support requests for asylum or temporary Fund, and Arms Export Control Act refuge.267 sales.258 Foreign Internal Defense is a Special Operations mission that enables 6.4.8 Peace Operations foreign nations to fight subversion and insurgency.259 These missions include Peace operations "support support to security assistance, joint and diplomatic efforts to reach a long-term combined exercises, exchange programs, . political settlement and [are] categorized civil-military operations, sharing as peacekeeping operations . . . and intelligence and logistical support, and peace enforcement operations."268 combat operations when approved by Military operations such as preventive National Command A~thorities.~~" deployment, military-to-military contacts, or other MOOTW may also operations to restore order, and forcible support preventive diplomacy, separation of . . . parties" and peacemaking, or peace building.269 conducting internment or resettlement PEO planning Peacekeeping Operations (PKO) are considerations are similar to PKO, but "military operations undertaken with the also include more emphasis on consent of all major parties to a dispute, intelligence collection, fire support, designed to monitor and facilitate mobility and survivability; and ROE that implementation of an agreement .. . and enable the use of force to compel support diplomatic efforts to reach a compliance while minimizing collateral long-term solution."270 PKO tasks are specific to the mission and may include observing and monitoring compliance, 6.4.9 Recovery O~erations investigating alleged violations, negotiating and mediating with the "Recovery operations are conducted parties, supervising cease-fires or other to search for, locate, identify, rescue, aspects of the agreement, and assisting and return personnel or human remains, civil authorities.271 PKO planning sensitive equipment, or items critical to considerations include, but are not national They may occur in limited to, compliance with the either friendly or denied areas.277 international mandate, terms of reference (TOR), and Status of Forces 6.4.10 Show of Force Operations Agreement (SOFA); coordination with nongovernmental organizations and Show of force operations private voluntary organizations; demonstrate U.S. resolve through coordinating the sources and funding increased visibility of military forces to responsibilities for logistical support; influence respect for U.S. interests or methods for collecting information; defuse a situation.278 These operations developing rules of engagement may include formation of a joint task restrictive enough to comply with the force, repositioning of forces, patrolling, mandate and robust enough to protect or conducting exercises.279 the force; procedures for addressing foreign claims; and procedures for 6.4.11 Strikes and Raids handling dislocated civilian^.^" "Strikes are offensive operations Peace Enforcement Operations conducted to inflict damage on, seize, or (QEQ) "are the application of military destroy an objective for political force or the threat of its use, normally purposes. . . . An example of a strike is pursuant to international authorization, Operation URGENT FURY, conducted to compel compliance with resolutions on the island of Grenada in 1983."280" A or sanctions designed to maintain or raid is usually a small-scale operation restore peace and order."273 PEO tasks involving swift penetration of hostile are also mission specific and may territory to secure information, confuse include "enforcement of sanctions and the enemy, or destroy installations. . . . exclusion zones, protection of HA, An example of a raid is Operation EL Legal Support to Operations

DORADO CANYON conducted against Chapter 2. Nevertheless, because each Libya in 1986, in response to the MOOTW is unique, SJAs must tailor terrorist bombing of U.S. Service legal support, and must coordinate members in Berlin."281 technical legal supervision, technical support, and augmentation requirements 6.4.12 Support to Insur~encies for the specific situation and mission. When tailoring legal support for Support to Insurgencies includes MOOTW, SJAs should consider U.S. logistic and training support, but mission-specific requirements for legal normally not combat operations, for an duties and skills. MOOTW require organized movement to overthrow a judge advocates to perform additional constituted government.282 An example mission-specific duties.28s During was U.S. support to the Mujahadin operations in Haiti, for example, legal resistance in Afghanistan 'during the personnel supported refugee operations Soviet invasion.283 in Panama and Cuba, the Joint Interrogation Facility, the Joint Logistics 6.4.13 Operations Under Armistice Support Command, and the United Conditions Nations Mission in Haiti headquarters.286 In Bosnia, judge advocates supported An armistice suspends military each Battalion Task Force, a level of operations by mutual agreement between command lower than normal, and served the belligerent parties. If its duration is as advisors to Joint Military not defined, the belligerent parties may Co~nmissions.~~~ During both resume operations at any time, provided operations, split-based operations always that the enemy is warned within generated requirements for additional the time agreed upon, in accordance legal resources.288 with the terms of the armistice.284For example, the Korean Armistice 6.6 LEGAL ASPECTS OF C2, Agreement signed on 27 July 1953, SUSTAINMENT,AND shapes the conduct of military SUPPORT OPERATIONS operations on the Korean peninsula and there are specific Armistice Rules of While SJAs must always provide Engagement for the Korean theater. support in OPLAW and the core legal Consequently, judge advocates stationed disciplines described in Chapter 3, SJAs in the Republic of Korea must be should pay special attention to the familiar with the Korean Armistice following prominent legal concerns Agreement and other sources of arising in MOOTW outside the United international law dealing with armistice States. Although this section outlines agreements. only the principal concerns, the potential MOOTW missions, situations, and 6.5 ORGANIZATION OF LEGAL corresponding legal issues are myriad. SUPPORT Therefore, legal personnel should consult the Operational Law The legal support organization Handbook289and other legal sources for for MOOTW is generally as described in detailed information about the legal nations' forces, and nongovernmental aspects of various types of MOOTW. organizations.

6.6.1 Lepal Basis for the O~eration Second, the legal basis of the operation guides the commander in The legal basis for an operation many ways. It may affect the derives from international and domestic operation's sc0pe,2~~ law, and the decisions of competent timing,296and ROE;297 the status of It may be expressed in U.N. the command' s Security Council Resolutions, regional relationships with military and non- security organization resolutions, military organization^;^^^ and the international agreements, U.S. National applicable funding authorities.300 Command Authorities decisions, orders, Therefore, OPLAW JAs must obtain and mandates, terms of reference, or other study all relevant international forms. While U.S. National Command organization resolutions and Authorities consider international and international agreements, the mandate, domestic legal authority when ordering the terms of reference, and higher military operations, judge advocates command orders. Furthermore, OPLAW advising military commanders must JAs must be diligent throughout the know the legal basis for the operation planning and conduct of the operation to for two important reasons. incorporate legal guidance from these documents into the relevant portions of First, a clear understanding of the all operations plans and orders. legal basis promotes the legitimacy of the operation. "A clear, well-conceived, 6.6.2 Status of Forces effective, and timely articulation of the legal basis for a particular mission will The status of forces is of critical be essential to sustaining support at concern to commanders during home and gaining acceptance abroad."291 MOOTW overseas.301 Because the Therefore, OPLAW JAs must jurisdictional default to the Law of the understand the legal basis and brief Flag does not normally apply in commanders, enabling them "to better MOOTW, numerous legal issues plan their missions, stsucture public affecting the success of the operation statements, and conform their conduct to must be resolved, including host nation national Commanders' criminal and civil jurisdiction, authority statements and conduct contribute to to conduct law enforcement activities legitimacy by demonstrating adherence including trials by courts-martial, claims to law and authority.293 Co~nmanders against the U.S. or U.S. personnel, and judge advocates must also educate authority for U.S. forces to carry arms the soldiers about the operation's and use force, force protection, entry purpose and legal basis. Informing the and exit requirements, customs and tax soldiers will help their morale and liability, contracting authority, authority improve their ability to communicate to provide health care without a local and cooperate with local civilians, other medical license, vehicle registration and licensing, communications support, Legal Support to Operations

facilities for U.S. forces, hiring of local involving international and interagency personnel, authority to detain or arrest, relationships that require judge advocate and provisions for transferring support: questions concerning custody.302 These issues can become command authority,309requirements for significant issues for the SJA and the legal liaison and co~rdination,~'~and entire command.303 conflicting legal concerns.311

SJAs and OPLAW JAs must identify SJAs and OPLAW JAs must perform and resolve status of forces issues several important tasks relating to these beginning early in the planning process concerns. They must advise and continuing throughout the commanders about their legal authority operation. There are several strategies in relation to other commands, agencies, available to resolve status concerns. and organizations. They must First, look to existing agreements, which coordinate legal advice and actions with should be available at the Unified all relevant commands, agencies, and Command, Component Command, or organizations.312 They must perform International and Operational Law liaison as directed by the commander, Division, 0TJAG.304 Second, consider which may include liaison with the the need for additional agreements and International Committee of the Red inform the proper authority under Army Cross and legal officers in other troop Regulation 550-51 of any contributing nations, participating in the req~irements.~'~Agreements can be Civil-Military Operations Center, and negotiated during or after operations.306 giving briefings for the Joint Military Third, consider whether conventions on Comrni~sion.~~~Finally, they must take the status of United Nations personnel the initiative to find innovative solutions apply and are adequate.307 Fourth, to conflicting legal concerns.314 consider whether an agreement is unnecessary because the Law of the Flag 6.6.4 Use of Force & Rules of applies or there is a jurisdictional Enga~ement(ROE) Finally, where compliance with host nation law is required, inform The general principles and judge the command of these requirements and advocate tasks relating to the consider measures to mitigate the impact interpretation, drafting, dissemination, on the operation. and training of ROE discussed in Chapter 8 and the Operational Law 6.6.3 International & Interagency Handbook apply in MOOTW.315 The Relationshim general purposes of ROE-to accomplish the mission and protect the Information describing the basic force-also remain valid.316U.S. forces relationships existing between military will always retain the inherent right of organizations, and with non-military self-defense.317 The Chairman of the agencies and organizations is provided Joint Chiefs of Staff (CJCS) Standing earlier in this chapter, and in references ROE (SROE) will generally, but not cited in footnote 5. Commanders will always, apply in MOOTW.318 encounter three general concerns Nevertheless, there are several individual soldier.332 Training should unique ROE concerns in MOOTW. include vignettes, in which soldiers role- "ROE in MOOTW are generally more play expected situations and train to restrictive, detailed, and sensitive to respond in accordance with the ROE.333 political concerns than in war . . ."3'9 Restrained, judicious use of force is 6.6.5 Treatment of Civilians necessary; excessive force undermines the legitimacy of the operation and SJAs and OPLAW JAs face jeopardizes political objectives.320 significant challenges regarding the MOOTW ROE considerations may commander's legal obligations toward include balancing force protection and civilians: determining an individual's harm to innocent civilians or non- status, identifying the specific legal rules military areas,321 balancing mission that apply, and applying legal rules in a accomplishment with political wide variety of operational situations. consideration^,^^' protecting evacuees Generally, while the law of war will not "while not having the authority to normally govern MOOTW, DoD Dir. preempt hostile actions by proactive 5100.77 and Chairman of the Joint military measures,"323enabling soldiers Chiefs of Staff Instruction 5810.01 to properly balance initiative and require U.S. forces always to apply the restraint,324determining the extent to principles of the law of war in MOOTW which soldiers may protect host nation as a matter of Beyond this, or third nation civilians,325and the use of however, the issues become complex. riot control agents.326 In multinational operations, developing ROE acceptable The legal complexity relates to the to all troop contributing nations is three challenges identified above. The imp~rtant.~" Being responsive to status of civilians encountered may changing ROE requirements is also include U.S. civilians, host nation civilians, third country civilians, diplomats, media, criminals, host nation SJAs and OPLAW JAs will be much civilian officials, armed civilian groups, more involved in ROE interpretation, international organization employees, drafting, dissemination, and training non-governmental and private voluntary during MOOTW.329 Interpretation must organization personnel, refugees, consider not only the SROE or other contractors on the battlefield, and other applicable higher headquarters ROE, but The applicable law will also the legal authority for the operation, always include the principles of the Law mandate, and specific political of War, and may also include the objectives.330 Drafting must address customary international law of human considerations such as those discussed rights, the Universal Declaration of in the previous paragraph, and account Human Rights, human rights treaties, for the specific concerns of each troop provisions of Protocols I & It, or host contributing nation.331 Dissemination nation The operational situations must be prompt and responsive may include maintaining public order,337 throughout all levels of command, from applying military force,338 providing the appropriate political authority to the humanitarian assistance,339 processing Legal Support to Operations evacuees,340media handling training, humanitarian and civic refugees or requests for a~ylum,3~' assistance, construction, medical care, enforcing civilian compliance with transportation, maintenance, LOGCAP, detention^,^“^ or other post exchange privileges, morale and situations. welfare programs, and other a~tivities.3'~ Requests for support may come from the SJAs and OPLAW JAs must perform host nation, U.S. agencies, allies and several important tasks relating to the coalition partners, local civilians, non- treatment of civilians. First, they must government and private voluntary begin early in the planning process to organizations, international military identify the situations in which civilians headquarters, the Army itself, and other will be encountered and the applicable sources.354SJAs and OPLAW JAs must Second, as noted in the previous be prepared to expend substantial time section, they must include guidance and effort with fiscal relating to the treatment of civilians in the ROE. Third, the SJA must SJAs and OPLAW JAs should coordinate with Civil Affairs personnel consider the following procedures and regarding the SJA's role as the sole legal strategies when resolving fiscal issues. advisor to the co1nmander.3~~Fourth, First, review all operational plans for they must be immediately accessible for compliance with fiscal law.356 Second, legal advice as situations occur.347Fifth, as early as possible in the planning they must ensure that detention of process, determine what logistical civilians is lawful: that detention is support agreements exist or are required; based upon proper authority; that the many fiscal issues can be resolved conditions are adequate; and that through effective use of support procedural safeguards are honored.348 ag~eements.3~~Third, analyze fiscal issues using this six-step analysis:358 6.6.6 Fiscal Responsibility Determine the commander's U.S. fiscal law applies to U.S. forces intent. even when they are part of a Define the mission and specific multinational force or support U.N., task to be performed. NATO, or other allied or coalition operations. Congressional controls exist Break down the mission into to ensure prudent use of public discrete parts. resources, and to promote foreign policy Find the funding authority and 0bjectives.3~~For an overview of fiscal appropriation, considering both law issues and funding sources, SJAs U.S. funding sources and other and OPLAW JAs should consult the funding sources.359 Operational Law Handbook.350 Articulate the rationale for the Fiscal law issues will pervade the specific expenditures. MOOTW theater.351 They will arise in 0 Seek approval from higher all types of MOOTW.352They will relate headquarters when necessary. to a wide variety of activities, including i~sues.~'' Technical legal support from Fourth, recommend that the commander SJA, U.S. Army Intelligence and establish multidisciplinary logistics and Secu,rity Command can assist SJAs and acquisition boards; provide legal advice OPLAW JAs with these issues. to these boards.360 Fifth, consider innovative solutions learned from recent 6.7 LEGAL TRAINING experiences.361 REQUIREMENTS

6.6.7 Intelligence Oversight The general training principles and procedures in Field Manual 25-100, MOOTW require "multi-disciplined, Field Manual 25-101, and chapter 4 of all-source, fused intelligence;" human this manual apply to MOOTW intelligence may be the most useful t~-ai1ing.3~' In particular, SJAs must component.362 Intelligence support is always ensure all legal personnel are critical to all types of MOOTW.363 proficient in individual skills such as Intelligence collection in MOOTW land navigation, handling classified focuses on "political, cultural, and material, first aid, weapons economic factors that affect the qualification, et~.,~~~and that legal situation" rather than on an enemy's organizations are proficient in collective military capability.364 As a result, tasks relating to OPLAW and the core intelligence collection and legal disciplines. Training for counterintelligence operations involve MOOTW, like training for war, requires substantial contact with non-government legal personnel to receive and provide organizations, private voluntary individual and collective training, and to organizations, the local populace, and train with the units they allied or coalition ~artners.3~~Because of sensitivities that exist when working Nevertheless, MOOTW require with nonmilitary organizations or in mission-specific skills. First, judge U.N. operations, it is frequently advocates must have political-military appropriate to use the term "information skills.374 In Bosnia, the legal advisor to gathering" rather than "intelligence the Joint Military Commission advised the commander on the application of the Dayton Accords and drafted Many intelligence organizations correspondence to the military and have organic legal support; nevertheless, political faction^.^" Other judge SJAs and OPLAW JAs must provide advocates coordinated multinational intelligence law advice to their own ROE, provided advice concerning organizations in the development and persons indicted for war crimes, and oversight of operations.367 Therefore, communicate with government and non- SJAs and OPLAW JAs must be familiar government organization^.^'^ Second, with the legal rules relating to deployed legal organizations must have intelligence operations,368 have the host nation expertise - an understanding security clearances required to access of the local law, and the ability to relevant information,369and be prepared communicate in the local language.377'? to resolve sensitive intelligence law Third, deployed legal personnel may Legal Support to Operations

require specialized expertise. Special 6.8 LEGAL EQUIPMENT Operations units, which conduct many REQUIREMENTS MOOTW missions, require legal advisors who know special operations The facilities and equipment missions, structure, doctrine, and generally required to provide legal In Haiti, experts in civilian support described in Chapter 2 are legal and judicial functions were sufficient for legal support to MOOTW. required to assist the newly restored Recent experience in MOOTW confirms Aristide government.379 the requirements for the RDL, Internet access, electronic legal research SJAs should emphasize the capabilities, connectivity with tactical following aspects of MOOTW command, control, and communication individual training: situational training systems, secure communication and exercises involving ROE, individual storage capabilities, and dedicated readiness training for the specific vehicles.383 SJAs and OPLAW JAs must operation, and interagency and ensure that RDLs are pre-loaded with international cooperation.380 Training in the software packages and research interagency and international materials required for the operation, that cooperation should improve cultural battle boxes are adequately supplied, awareness, understanding of the roles of and that other military equipment and various organizations, and consensus- office supplies are on hand, and ready building ~kills.3~~ for u~e.3'~

SJAs should become heavily 6.9 SUMMARY involved in MOOTW mission rehearsal exercises (MRE). First, SJAs must MOOTW present significant become involved early in MRE planning challenges to judge advocates. They to ensure the legal aspects of the specific must master the complex political and mission are integrated into the mission legal frameworks common to MOOTW, rehearsal exercise scenario. Second, provide competent advice concerning SJAs should ensure the scenario the roles of various organizations addresses training needs of two involved in an operation, forge audiences: the command and staff at all consensus among numerous military and echelons, and their legal personnel. non-military organizations, and resolve Third, SJAs should ensure that technical legal issues. Thorough deploying legal personnel participate in understanding of the strategic and the exercise with their supported units.382 theater concepts, diligent participation Fourth, SJAs should ensure that in the planning and conduct of experienced and well-trained legal MOOTW, and mastery of the prominent personnel act as observer-controllers. legal issues are essential to SJAs of superior commands must accomplishment of the military mission provide or coordinate the technical and political objectives. support required to ensure the success of the MRE. Legal Support to Operations

Chapter 7 The United States as a Theater

7.1 INTRODUCTION specialized nature of training and preparation legal personnel require for Although a theater of operations, as these operations. discussed in Chapter 4, is technically defined as an area "outside the Commanders and their judge continental United States," emergencies advocates must understand that the DoD or other circumstances may arise in plays a support role in domestic which a senior commander must provide operations. DoD acts in support of support within the United States. That another federal, state, or local is, he must determine when, where, and government or agency, known as the for what purpose tactical forces, lead agency. Judge advocates must equipment, or other support will be prepare to work closely with all committed in support of strategic aims. appropriate organizations and agencies Judge advocates supporting operations to help the commander stay within the taking place in the U.S. practice restrictive boundaries of law and policy OPLAW and provide legal support to characteristic of military support in the these operations much the same as judge United States. advocates deployed overseas do for CONTENTS PAGE foreign operations. Statutes, numerous Department of Defense Directives, and INTRODUCTION...... 7-1 other materials define the parameters of ORGANIZING AND EQUIPPING military support to domestic operations. JUDGE ADVOCATES ...... 7-2 Judge advocates that provide legal TRAINING JUDGE ADVOCATES .... 7-2 support to these operations must have a MILITARY SUPPORT TO ClVlL detailed understanding of the various AUTHORITIES...... 7-3 programs, and their underlying legal General...... 7-3 Authorization for Military 7-3 authorities, that make up the domestic Support...... support arena. This chapter applies to Lead Agency and Military Role 7-4 operations in the U.S., including Alaska, Rules on the Use of Force...... 7-5 Hawaii, Puerto Rico and other U.S. MILITARY SUPPORT TO LAW territories and possessions. ENFORCEMENT...... 7-6 CIVIL DISTURBANCE OPS...... 7-6 Generally, domestic operations fall General...... 7-6 into three categories: military support to Authorization for Military Support...... 7-7 civil authorities (e.g., disaster relief); Lead Agency and the Role of military support to law enforcement the Military...... 7-7 (e-g., civil disturbances, counterdrug Rules on the Use of Force...... 7-8 operations); and military support to COUNTER-DRUG OPS...... 7-9 terrorism response (to include those General...... 7-9 involving weapons of mass destruction) Authorization for Military (described later in this chapter as Support...... 7-10 Emerging Threats in the Continental Lead Agency and the Role of theMilitary 7-11 U.S.). This chapter will address each of ...... Rules on the Use of Force...... 7-11 these categories with a view toward the TERRORISM...... 7-12 7.2 ORGANIZING AND units that may be called upon to provide EQUIPPING JUDGE assistance, any domestic operation will ADVOCATES be legally intensive. While operations covered in other chapters in the For an SJA, organizing and publication focus mostly on judge equipping judge advocates to deliver advocate support to brigades and larger legal support to domestic operations is organizations, judge advocates should no different than it is for war or expect to support battalion-sized and operations other than war. Based on the smaller units in domestic operations. MElT-TC model (the variance being that the enemy could be an actual 7.3 TRAINING JUDGE disaster, potential threats to force ADVOCATES protection in a civil disturbance, or terrorists), the SJA will task organize his Most judge advocates have little legal support to support the command experience or training in domestic and troops in the operation. The SJA operations. This, coupled with the should develop formal or informal legally intensive nature of military training associations with Legal Support support to domestic operations, is the Organizations, Reserve Support reason that this chapter focuses on Commands, or the Army National Guard training. TJAGSA's Operational Law to obtain the benefit of the experienced Handbook and CLAM0 are two training reserve component support embedded resources for domestic operations. The therein. The National Guard (non- general training principles described federalized in a Title 32 status) will previously in chapters 4 and 5 remain likely play a significant role in all the same. Lessons learned from past domestic operations; therefore, SJAs operations indicate a need for judge involved in domestic support operations advocates to plan, develop legal should develop such training expertise, and train for the use of the associations with National Guard judge military to respond to domestic events- advocates. SJAs can expect small task disasters, civil disturbances, and terrorist force-sized units that are logistically threats. That added need is the focus of heavy in terms of troops and mission. this chapter. Despite the potentially small size of Legal Support to Operations

7.4 MILITARY SUPPORT TO CIVIL AUTHORITIES.

18 U.S.C. 1385,Posse Comitatus Act, 42 U.S.C. 5121, et seq., as amended (the Staflord Act). 44 CFR Part 206, Federal Emergency Management Agency. DoD Dir. 3025.1, Military Support to Civil Authorities, 15 Jan 1993. DoD Dir. 3025.15, Military Assistance to Civil Authorities, 18 Feb 1997. DoD Manual 3025.lM, Manual for Civil Emergencies,Jun 1994. AR 500-51, Support to Civilian Law Enforcement, 1 Aug 1983. FM 100-19, Domestic Support Operations, Jul1993. NGB 500-l/ANGI 10-8101, 1 Feb 1996.

This is merely a snapshot of the law on military support to civilian authorities. As is true across all legal disciplines, judge advocates must have access to and stay current in all law relevant to operations. Normally, specific legal references are not included in doctrinal publications. The special nature of domestic operations, however, makes their inclusion prudent.

7.4.1 General 7.4.2 Authorization for Militarv SUDDO~~ The Department of Defense (DoD) will cooperate with and provide military While state governments have assistance to civil authorities as directed primary responsibility for responding to by and consistent with applicable law disasters, federal law provides several and policy. DoD has specified that the means by which federal resources can Secretary of the Army is the approval assist State governments in responding. authority for emergency military support The President can authorize DoD in response to natural or man-made support by: disasters. Any military support that requires Combatant Command-assigned Using the Presidential 10-day personnel or equipment will be emergency authority under the approved by the Secretary of Defense, Stagord Act to perform work for the after review by the Chairman, Joint preservation of life and property Chiefs of Staff (CJCS). The rules (e.g., removing debris/wreckage, concerning military support to civilian restoring essential public authorities do not address non- facilities/services) federalized National Guard assets as By declaring a "major disaster" at approved by the state's Governor in the request of a State Governor support of State and local civilian agencies. By declaring an "emergency" at the request of a State Governor Be declaring an "emergencyyywhere search and rescue, hazardous materials, the federal government has exclusive food, and energy. DoD is the supporting or preeminent responsibility and agency in all ESFs except for ESF 3 authority (e.g., bombing of a federal (DoD is the designated lead agency for building) ESF 3). FEMA can task organize various agencies-as the lead or Further, civil authorities--defined as supporting agency-across the ESFs. nonmilitary Federal, State, or Local For example, FEMA may task organize government agencies-may ask for a particular disaster response making commanders to take immediate steps to the DoD the lead agency for ESF 1 save lives, prevent human suffering, or (transportation). mitigate great property damage when imminent serious conditions exist from a DoD has no authority to provide civil emergency or attack. When such a disaster relief independent from FEMA condition exists and time does not (except for Commanders' actions under permit prior approval through command their Immediate Response Authority, channels, commanders are authorized and for military support concerning (subject to existing supplemental federal property). Also, FEMA is the direction-su bsequent notification reimbursement authority for disaster procedures) to take the necessary action relief expenditures. Providing military to respond-this is called Immediate support before FEMA requests the Response Authority. Conditions that support may make subsequent may require such a response include the reimbursement difficult and may result rescue, evacuation, and emergency in an unauthorized expenditure of DoD treatment of casualties; emergency funds. Commanders should consider all restoration of power; or food relevant fiscal procedures in planning distribution. domestic operations.

7.4.3 Lead Aeencv Concept and Commanders and their judge Role of Militarv advocates must also consider legal restrictions on the use of military Once the National Command personnel for law enforcement purposes Authorities determine the need to in all domestic operational planning and provide federal support, the Federal execution. The Posse Comitatus Act Emergency Management Agency precludes military personnel, in support (FEMA) takes the lead in domestic of disaster relief, from acting in a law disaster relief. The Federal Response enforcement capacity (e.g., security Plan assigns primary or supporting patrols or traffic control in civilian agency responsibility for each of 12 neighborhoods). Active Duty military Emergency Support Functions (ESF)- personnel may not execute civil laws transportation, communications, even when requested to do so by stressed firefighting, public works and local law enforcement officials. These engineering (ESF 3), information and restrictions do NOT apply to non- planning, mass care, resource support, federalized National Guardsman. Judge health and medical services, urban advocates must develop a detailed Legal Support to Operations understanding of the limitations and force situations might include a civil exceptions to the Posse Comitatus Act. disturbance (e.g., looting) that occurs during disaster relief operations. Other 7.4.4 Rules for Use of Force state and local agencies, and perhaps non-federalized National Guardsman, The Chairman of the Joints Chief of are responsible for law enforcement Staff Standing Rules of Engagement functions-not federal troops. Again, (SROE) do not apply to domestic the Posse Comitatus Act does not apply disaster relief operations. Commanders to the non-federalized National Guard. and their judge advocates must pay Commanders must be mindful, however, particular attention to any guidance on of force protection and the welfare of the Rules for Use of Force (the term their soldiers. Proper training will "ROE" is not used for domestic ensure soldiers understand the rules on operations) in the execute order or in the use of force in domestic operations. any subsequent orders or directives. While most disaster relief operations Finally, commanders must abide by will occur in a non-hostile environment, and consider specified laws and policy soldiers need to know the applicable on intelligence restrictions, election Rules for Use of Force. DoD Directive support restrictions, chaplain activities, 5210.56, Use of Deadly Force and the payment of claims, debris removal, Carrying of Firearms by DoD Personnel donated property, environmental Engaged in Law Enforcement and compliance, support to relief workers, Security Duties (25 February 1992), and the use of volunteers when planning provides guidance pertaining to the and executing disaster relief and other authorized use of deadly force which types of military support operations in may be applicable. A situation where the United States. soldiers might be confronted with use of 7.5 MILITARY SUPPORT TO LAW ENFORCEMENT

Military support to law enforcement includes many categories of support. A complex group of laws governs this support. This section will address two of those categories: civil disturbance operations and counter-drugoperations.

7.5.1 Civil Disturbance Operations

18USC 1385. (Posse Comitatus Act). 10 USC 331-334. (Civil Disturbance Statutes). DoD Directive 3025.12, Military Assistance for Civil Disturbances (MACDIS), 4 Feb 1994. DoD Directive 3025.15, Military Assistance to Civil Authorities, 18 Feb 1997. DoD Directive 5525.5, DoD Cooperation with Civilian Law Enforcement Officials, 21 Feb 1986, reissued incorporating Change 1, 20 Dec 1989. DoD Civil Disturbance Plan ("Garden Plot"), Feb 1991. AR 500-50, Civil Disturbances, 21 Apr 1972 AR 500-51, Support to Civilian Law Enforcement, 1 Aug 1983. NGR 500-11ANGI 10-8101, Military Support to Civil Authorities, 1 Feb 1996. FM 19-15, Civil Disturbances, 25 Nov 1985. FM 100-19,Domestic Support Operations, Jul1993. MCO 3000.8B, Employment of Marine Corps Resources in Civil Disturbances, 30 Jul 1979. MCO 3440.7. Marine Corns Ass't to Civil Authorities. 1 Jan 92.

This is merely a snapshot of the law on military support to civilian authorities. As is true in all legal disciplines,judge advocates must have access to and stay current in all law relevant to operations.

7.5.1.1 General project the image of a restrained and well-disciplined force whose sole The commitment of federal troops to purpose is to help the area by helping deal with domestic civil disturbances restore law and order with minimal harm must be viewed as a drastic measure of to people and property and with due last resort. Their role, therefore, should respect for all law abiding citizens. never be greater than is absolutely necessary under the circumstances. Just as they are primarily responsible Commanders should take every measure for disaster relief, State and local to avoid the perception of an "invading governments are primarily responsible force." A joint task force designated to for protecting life and property and respond to a civil disturbance should maintaining law and order in the civilian Legal Support to Operations community. The President has, functioning and public order. These however, both Constitutional and federal sudden and unexpected civil legal authority to use federal armed disturbances (including civil forces to suppress insurrections and disturbances incident to earthquake, domestic violence. fire, flood, or other such calamity endangering life) occur if the local 7.5.1.2 Authorization for Military authorities are unable to control the Support situation and circumstances preclude obtaining prior authorization by the Civil disturbances are group acts of President. violence and disorders prejudicial to public law and order (e.g., the 1992 Los When State or local authorities are Angeles riots) in the 50 states, the unable or decline to provide District of Columbia, Puerto Rico, and adequate protection for Federal U.S. possessions and territories. The property or Federal governmental U.S. military can support civilian law functions. enforcement agencies but such support shall maintain the "primacy" of civilian With today's communication authority. While commanders and judge capabilities, commanders should make advocates must again understand the every effort to obtain prior approval Posse Cornitatus Act and consider its through the chain of command before restrictions on military personnel responding to either of these emergency performing law enforcement functionsin situations. If prior communication is the U.S., domestic law provides for impossible, commanders should seek exceptions to such use in some civil Presidential authorizations through the disturbance situations. These exceptions chain of command even while applying allow the President to federalize the emergency support. militia of other states and use the military to suppress any insurrection, 7.5.1.3 Lead Agency Concept and domestic violence, unlawful Role of Military combination, or conspiracy under certain circumstances. Other than these The Department of Justice (DoJ) is specified circumstances, the military the lead federal agency for civil may not be used to deal with civil disturbance operations. The Attorney disturbances except in certain General's on-scene representative is emergency situations. Immediate known as the SCRAG (Senior Civilian federal response, even under emergency Representative of the Attorney General). circumstances, is limited to necessity The DoD has designated the Department and is not based on any underlying of the Army (DA) the DoD's executive statutory authority. Those emergency agent for military assistance for civil circumstances include: disturbances (MACDIS). The Director of Military Support (DOMS) is DA's When necessary to prevent loss of action agent for MACDIS. After life or wanton destruction of coordination with the Chairman, Joint property, or to restore governmental Chiefs of Staff (CJCS), DOMS issues guidance to the three combatant modification, the Garden Plot rules for commanders (USJFCOM, USPACOM, use of force include several basic and USSOCOM) responsible for concepts. pldnning and executing MACDIS (recall that this is a support role). USJFCOM Use minimum force at all times. has delegated authority to FORSCOM to Warning shots are not permitted conduct MACDIS in the USJFCOM Deadly force may be used in very area of operations. This gives the limited circumstances FORSCOM Commander operational Use of arming orders (as control over joint forces assigned to a situation escalates, arming order status affects the posture of MACDIS mission. As is the case for all soldiers and Marines on the domestic operations, military forces ground) remain under military control at all Use of Tactic, Techniques, and times. Procedures for MACDIS (e.g., use of riot control formations, Army and Air National Guard forces pressurized water, sniper-fire, have primary responsibility for shotguns, etc.). providing military assistance to state and local governments. They will normally In addition to guidance on Rules for serve in a state active duty status (Title the Use of Force, Garden Plot contains 32 status) under state command. In many helpful annexes for commanders extreme circumstances, the President and judge advocates when planning and may federalize National Guard forces executing civil disturbance operations. (Title 10 status). During the 1992 Los Again, SJAs must ensure that their judge Angeles civil disturbance, the President advocates are trained and ready for these nationalized the California National operations. Some of the topics covered Guard. in Garden Plot are:

7.5.1.4 Rules for Use of Force Loaning military equipment to non-DoD federal agencies MACDIS operations can involve Leasing military equipment to National Guard, Army, and Marines and non-federal agencies will require working with federal, state, Authority of military to detain or and local law enforcement authorities. take civilians into custody Like other joint or combined operations, Authority of military to search MACDIS operations require consistent people and property rules for use of force that all supporting services understand and to the extent possible, all services should train relevant forces on these rules. Commanders should use situational training exercises to embed the principles of the use of force set forth in the DoD Civil Disturbance Plan- Garden Plot. Subject to CINC or CJCS Legal Support to Operations

7.5.2 Counter-Dru~Operations

18 USC 1385,Posse ComitatusAct. 10 USC 371-382, Chapter 18 - Military Support For Civilian Law Enforcement Agencies. DoD Dir. 5525.5, DoD Cooperation With Civilian Law Enforcement Officials (wlchangeone), 21 Feb. 1986. DoD Dir 5525.10, Using Military Working Dog Teams to Support Law Enforcement Agencies in Counter-drugMissions, 17 Nov. 1990. CJCS Instruction 3710.01A, DoD Counter Drug Operational Support, 23 Apr. 1997 (Draft) (Under Revision). CJCS Instruction 3121.01, Standing Rules of Engagement for US Forces, 1 Oct. 1994. Joint Pub 3-07.4, Joint Counter-drugOperations, 17 Feb. 1998 AR 500-51, Support to Civilian Law Enforcement, 1 Aug. 1983. AR 700-131, Loan and Lease of Army Materiel, 4 Sep. 1987. NGR 500-2lANGI 10-801, National Guard Counter-drug Support to Law Enforcement Agencies, 30 Sep. 1993. FM 100-19,Domestic Support Operations, Jul. 1993. NAVMC 2915, Counter-drug Campaign Plan, 23 Nov. 1993.

This is merely a snapshot of the law on military support to civilian authorities. As is true in all legal disciplines,judge advocates must have access to and stay current in all law relevant to operations.

7.5.2.1 General of the federal government for this detection and monitoring mission. Note DoDfs primary counter-drug that this is both a domestic and mission-in support of federal, state, international mission. Other federal local, and foreign civilian law legislation emphasizes the role of DoD enforcement agencies (CLEAs)-is the in counter-drug operations. In detection and monitoring of aerial and consultation with the Director of maritime transit of illegal drugs into the National Drug Control Policy, the United States. Detection is defined as Secretary of Defense shall integrate an determining the presence of aircraft or effective communications network of the vessels by visual or electronic means. command, control, communications, and Monitoring is tracking or maintaining technical intelligence assets of the U.S. continuous knowledge of the location of that are dedicated to the interdiction of a suspected aircraft or vessel. DoD illegal drugs into the U.S. Other assets do not apprehend, physically legislation requires SECDEF to devote interrupt, or force down aircraft or research and development activities to vessels. DoD is the single lead agency technologies to improve DoD's detection funds and under federal guidance remain and monitoring mission. a state militia force and are not Joint Task Forces (JTF) or Joint considered a federal force for purposes Inter-Agency Task Forces (JIATF) of the Posse Comitatus Act or for any provide unity of command in the other purpose. However, National accomplishment of the detection and Guard members engaged in such monitoring mission. For example, JTF- operations are covered by the Federal 6, located at Fort Bliss, TX,is currently Tort Claims Act without losing their responsible for the Southwest Border non-federal status. region and all other continental U.S. support to CLEAs. The combatant 7.5.2.2 Authorization for Military commands establishing these JWs may Support develop policy guidance on a variety of legal issues such as intelligence The following is a list of the types of oversight, rules for the use of force, etc. DoD missions undertaken in support of civilian law enforcement agencies The National Guard is a critical (CLEAs). source of military support to CLEAs. The National Guard (non-federalized) is DoD Support to CLEAs. DoD not subject to the restrictions of the has specific statutory authority to Posse Comitatus Act (discussed above). support certain activities of Thus, the Guard has more flexibility CLEAs (e.g., 10 U.S.C. 371- than federal forces in conducting 382). counter-drug support operations. DoD support for non-CLEAs. In However, the National Guard Bureau specified circumstances, federal has imposed a number of policy law permits DoD to support restrictions on counter-drug operations. other federal, state, and local State law will determine whether the agencies that have a counter- Guard may legally support a particular drug role even though the operation. agencies are not CLEAs. Operating under state law and The Secretary of Defense, through National Guard regulations, these units the Joint Chiefs of Staff, gave authority conduct counter-drug operations in all to unified commanders to approve states and territories. National Guard counter-drug-related deployments of units provide 16 types of support, which DoD personnel in support of CLEAs and are listed in National Guard Regulations. non-CLEAs. The key document in Federal support to the National Guard understanding these two counter-drug counter-drug effort is in providing support missions is the Chairman of the federal funding (after a Governor Joint Chiefs of Staff Delegation of submits a counter-drug plan to DoS) to Authority Instruction (CJCSI 3710.01A, certain counter-drug missions. 23 Apr. 1997). This document includes Importantly, National Guard forces (non-federalized) engaged in counter- descriptions of permissible DoD support, legal considerations, and drug support operations using federal guidance on the fiscal aspects of Legal Support to Operations providing counter-drug support. drug operations. Commanders and SJAs Although the federal law and policy charged with supporting this specialized governing counter-drug operations are mission should ensure that judge extensive and complex, commanders advocate actually supporting these and judge advocates must understand operations have electronic access to the the types of support that DoD can not full spectrum of legal resources, receive provide to CLEAs in domestic (time permitting) all available counter- operations. drug training opportunities, and know and understand the use of technical Posse Cornitatus Act. The channels within the JAGC. prohibition on the use of the military for law enforcement 7.5.2.3 Lead Agency Concept and purposes is discussed throughout Role of the Military this chapter. DoD counter-drug missions are DoD personnel may not conduct strictly in support of civilian law or fund any activity which enforcement agencies. Even where DoD includes or permits direct serves as the single lead agency for the participation by a member of the Federal Government (detection and Army, Navy, Air Force, or monitoring of aerial and maritime transit Marine Corps in a search, of illegal drugs into the U.S.), this role is seizure, arrest, or other similar in support of federal, state, local, and activity unless otherwise foreign CLEAs. authorized by law. DoD personnel may not 7.5.2.4 Rules for Use of Force accompany U.S. CEAs on actual counter-drug field For counter-drug operations taking operations, or participate in any place outside of the continental U.S., the counter-drug activities where Chairman of the Joints Chief of Staff hostilities are imminent, unless SROE apply. The SROE are discussed authorized by the National at length in Chapter 8. Command Authorities. DoD may not provide any For counter-drug operations taking place within the continental U.S., judge support that will adversely affect advocates and commanders must turn to military preparedness. The Atlantic Command and Joint Task Secretary of Defense is the Force-6 for directives, guidelines, and approval authority for the use of policy on the use of force. personnel and certain equipment (e.g., arms, ammunition, tactical vehicles, etc.).

There is extensive federal law and policy on DoD's domestic and international role in supporting counter- 7.6 EMERGING THREATS IN THE CONTINENTAL UNITED STATES (TERRORISM)

Due to our military superiority, potential enemies, whether nations or terrorist groups, may be more likely in the future to resort to terrorist acts or other attacks against vulnerable civilian targets in the United States instead of conventional military operations.

A National Security Strategy for a New Century The White House- October 1998

The federal government, in concert with local governments as part of an state and local governments and integrated consequence management agencies, will respond to acts of program. As part of this Program, the terrorism occumng in the United States. DoD will maintain units to assist in In general, the federal government's WMD consequence management and to response will include the restoration of help train emergency response order and delivery of emergency personnel. This training may include assistance. Presidential Decision exercises or other forms of training. Directive (PDD) 39, signed in June Further, the DoD will help train the 1995, establishes U.S. policy, and Army National Guard and other reserve assigns responsibilities, concerning assets for their role in assisting local domestic terrorism. PDD 62, signed in authorities in managing the May 1998, lays out the Executive consequences of a WMD attack. Branch's vision and the corresponding assignment of responsibilities for a Again, like other forms of coordinated U.S. response to acts of military support to domestic operations, terrorism involving weapons of mass judge advocates must have a detailed destruction (WMD). PDD 62 directs the understanding of the laws, regulations Department of Justice (DoJ), acting and policies addressing terrorism and through the Federal Bureau of the roles of federal and state agencies. Investigation (FBI), to take the lead Judge advocates must recognize that a responding to acts of tenorism using terrorist attack on the United States WMD. The Federal Emergency involving WMD will likely entail a Management Agency (FEMA) supports massive, joint, and inter-agency the FBI in preparing for and responding response that will cross federal, state, to the consequences of such an incident. and local government lines. Time to respond may be of the essence and As part of the Domestic command and control lines may be Terrorism Program, the Department of unclear or confused. Further, a well- Defense (DoD), along with many other organized, trained, and equipped agencies, will provide specified military may have the tendency to step capabilities and assets in support of the in and take "charge." Absent direction FBI, FEMA, and other federal, state, and from the NCA (akin to a declaration of Legal Support to Operations martial law), federal military commanders must remember that DoD remains in a support role to assist DoJ, the FBI, FEMA or other lead agency with primary responsibility and overall control of the mission. Legal Support to Operations

Chapter 8 Rules of Engagement

War is tough, uncompromising, and unforgiving. For soldiers, the rigors of battle demand mental and physical toughness and close-knit teamwork. I CONTENTS PAGE Between the anxiety of battle, soldiers spend long hours doing routine but necessary tasks INTRODUCTION...... 8-2 in the cold, wet weather and mud, moving ROE DEVELOPMENT from position to position, often without hot CONSIDERATIONS...... 8-2 meals, clean clothes, or sleep. In war, the Commander's Responsibility.. 8-2 potential for breakdown in discipline is Purposes of ROE ...... 8-2 always present. The Army operates with Drafting Considerations...... 8-3 applicable rules of engagement (ROE), Situation Considerations...... 8-4 Definitions & Key Concepts.... 8-5 conducting war$are in compliance with Types of ROE...... 8-6 international laws and within the conditions CJCS STANDING ROE...... 8-7 specified by the higher commander. Army THE I-PDT METHODOLOGY...... 8-9 forces apply the combat power necessary to I ensure victory through appropriate and Interpret...... 8-9 disciplined use of force. Draft...... 8-10 Disseminate...... 8-13 Train...... 8-13 Field Manual 100-5, Operations

It is not uncommon in MOOTW, for example peacemaking, for junior leaders to make decisions which have significant political implications.

Joint Publication 3-07, Joint Doctrine for Military Operations Other than War 8.1 INTRODUCTION 8.2 ROE DEVELOPMENT CONSIDERATIONS OPLAW provides vital links between the strategic and tactical levels 8.2.1 Commander's Res~onsibilitv of conflict. The strongest of these links are often rules of engagement (ROE). ROE are commanders' rules for the ROE enable mission accomplishment, use of force. Operations personnel are force protection, and compliance with principally responsible to ensure that the law and policy. While ROE are always ROE further operational requirements. commanders' rules, the interpretation, OPLAW JAs assist the commander to drafting, dissemination, and training of interpret, draft, disseminate, and train ROE are also the business of OPLAW ROE because all ROE must conform to JAs. international law, because a Department of Defense Directive and service Every chapter of this manual records regulations give military attorneys a role the importance of ROE to the practice of in ROE compliance, and because the OPLAW. ROE integrate many of the six Chairman of the Joint Chiefs of Staff disciplines of legal support to operations has directed that attorneys will review and epitomize the counselor function of all operations plans and participate in OPLAW JAs. Development of expertise targeting meetings of military staffs. with ROE is a prominent duty and responsibility of SJAs. Involvement Also, the Hague and Geneva with ROE places judge advocates fdy Conventions contain dissemination within the command and control of provisions that encourage the operations. Theater operations involvement of judge advocates in ROE implement the ROE established by matters. A provision of the 1977 Commanders in Chief (ClNCs) of Protocol I to the 1949 Geneva combatant commands. Corps and Conventions-which though not ratified Division Deep Operations Coordination by the United States is considered Cells (DOCCs), or Information declarative of customary international Operations Cells of the future, rely upon law on this point--expressly mentions OPLAW JAs to incorporate ROE the role of "legal advisors." considerations into the targeting process. Military operations other than war 8.2.2 Purposes of ROE (MOOTW) tend to be characterized by ROE demanding greater restraint in ROE are driven by three sets of applying combat power, a factor that considerations: policy, legal, and creates great challenges for judge military. An example of a policy-driven advocates deployed with forward rule is Executive Order 11850, which brigade task forces. prohibits first use of riot control agents and herbicides without Presidential approval. An example of a legal-driven rule is the prohibition, "hospitals, churches, shrines, schools, museums, and any other historical or cultural sites Legal Support to Operations

will not be engaged except in self- recognize the soldier's right of self- defense." An example of a military- defense, the commander's right and driven rule is the commonly encountered obligation to self-defense, and requirement for observed indirect fires America's national right to defend itself for the purpose of effective target and its allies and coalition partners engagement. ROE are not the same as against aggression. In the Standing fire control measures. Fire control Rules of Engagement (SROE) for U.S. measures are implemented by Forces, the Joint Chiefs of Staff provide commanders based on tactical baseline guidance and procedures for considerations. An example of a fire supplementing this guidance for specific control measure serving tactical operations. Effective ROE are purposes is the common requirement in enforceable, understandable, tactically ground operations that the artillery tubes sound, and legally sufficient. Further, organic to a unit will not fire beyond a effective ROE are responsive to the designated fire support coordination line mission and consistent with unit (FSCL); this ensures an efficient initiative. division of labor between fires controlled at one level and those In all operations, ROE may impose controlled by higher levels of command. political, operational, and legal Moreover, it helps prevent fratricide by limitations upon commanders. indirect fire. Withholding employment of particular classes of weapons or exempting the The purposes of ROE quite often territory of certain nations from attack overlap; rules implementing strategic are examples of such limitations. At the policy decisions may serve an tactical level, ROE may extend to operational or tactical military goal criteria for initiating engagements with while simultaneously bringing U.S. certain weapon systems (for example, forces in compliance with domestic or unobserved fires) or reacting to attack. international law. As a result, troops in the field may not always appreciate the Effective ROE comply with reasons why a leader fashioned a domestic and international law, particular rule. including the body of international law pertaining to armed conflict. Thus, ROE must evolve with mission ROE never justify illegal actions. In all requirements and be tailored to mission situations, soldiers and commanders use realities. ROE should be a flexible force that is necessary and proportional. instrument designed to best support the mission through various operational Effective ROE do not assign specific phases and should reflect changes in the tasks or drive specific tactical solutions; threat. they allow a commander to quickly and clearly convey to subordinate units a 8.2.3 draft in^ Considerations desired posture regarding the use of force. In passing orders to subordinates, Operational requirements, policy, a commander must act within the ROE and law define ROE. ROE always received. However, ROE never relieve the commander from his responsibility is increasingly characterized by to formulate the end state, objectives, shades of gray in which enemies mission, and other elements of are less apparent. Commanders operational design. Commanders at all also evaluate potential threats to levels continually review the ROE to mission success, such as disease, ensure their effectiveness in light of political instability, and current and projected conditions in their misinformation. area of operations. Terrain and weather affect mobility, concealment, 8.2.4 Situation Considerations - observation, cover, avenues of METT-TC approach, and the effectiveness of military operating systems. M-Mission The commander must consider E--Enemy (and threat) the nature of Troops-his T-Terrain (and weather) military capabilities. Troop T-Troops characteristics such as numbers, ...... mobility, protection, training, T-Time Available and morale influence plans for C-Civilian Considerations their employment. Time available for preparation A given operational setting is and execution of the mission is described by the factors of mission, critical and can dramatically enemy and threat, terrain and weather, influence the scope and nature of troops, time available, and civilian the plan. considerations (METT- TC). The situation is the context that dominates Civilian considerations are a every aspect of planning, including key factor of the situation across ROE. Across the range of potential the entire range of operations. military operations, commanders can Attitudes and activities of the encounter situations of bewildering civilian population in the area of complexity. This complexity is reduced, operation influence the outcome at the operational and tactical levels of of military operations. Refugees conflict, by applying the conceptual and humanitarian assistance template of METT-TC. requirements are fkequent concerns, not only in stability Mission establishes the purpose operations or support operations, of the operation. but also in conventional combat. Interagency operations bring to Planners must consider the bear the civilian resources of dispositions, equipment, DoD, non-DoD components of doctrine, capabilities, and the government, and private probable intentions of an voluntary and nongovernmental Enemy-actual and potential. organizations, thereby The current conflict environment Legal Support to Operations

multiplying the effectiveness of not destroy property unless required by our operations. the necessities of war." In war, national leaders will seek to make the ROE no 8.2.5 Definitions and Kev Conce~ts more restrictive than international law. ROE are defined in Joint Publication 1-02 as "directives issued Necessity and Proportionality. The by competent military authority which principles of necessity and delineate the circumstances and proportionality help define the limitations under which United States peacetime justification to use force in forces will initiate and/or continue self-defense and are thus fundamental to understanding ROE for MOOTW. The combat engagement with other forces necessity principle pennits friendly encountered." A few examples illustrate forces to engage only those forces the broad range of rules that fall within committing hostile acts or clearly this definition: requiring an F-111 crew to confirm that all target acquisition demonstrating hostile intent. This formulation-a quite restrictive rule for systems are operable to bomb a Libyan the use of force-captures the essence of barracks abutting a civilian population center; prohibiting entry by U.S. Navy peacetime necessity under international ships into territorial seas or internal law. In 1840, Secretary of State Daniel waters of a neutral nation; or authorizing Webster articulated the essence of the necessity rule. He wrote that use of an infantryman at a guard post to use deadly force against saboteurs of force in self-defense is justified only in mission-essential equipment. cases in which "the necessity of that self-defense is instant, overwhelming and leaving no choice of means and no Wartime Versus Standing ROE. In moment for deliberation." The rule of general, ROE differ in wartime to reflect necessity applies to individuals as well the increased justification for using as to military units or sovereign states. force. Wartime ROE permit U.S. forces to open fire upon all identified enemy Definitions of "hostile act" and targets, regardless of whether those "hostile intent" complete the meaning of targets represent actual, immediate threats. By contrast, the SROE, which "necessity." A hostile act is an attack or will be discussed later in this chapter, other use of force. Hostile intent "is the merely permit engagement in individual, threat of imminent use of force." The unit, or national self-defense. Most legal precise contents of these definitions grounds for intemational use of force become sensitive when the ROE during peacetime are traceable to self- describe specific behaviors as hostile defense. Wartime ROE are familiar to acts or equate particular objective units and soldiers because battle focused characteristics with hostile intent. For training concentrates on wartime tasks. instance, the ROE might define a Individual Army privates and officer foreign uniformed soldier aiming a machine-gun from behind a prepared trainees in all occupational specialties firing position as a clear demonstration receive instruction and undergo evaluation on basic wartime rules, such of hostile intent, regardless of whether as "attack only combat targets" and "do

8-5 that soldier truly intends to harm U.S. Type II - Scale of forces. Force/Challenging Procedure. Specify a graduated show of The principle of proportionality force that ground troops should requires that the force used be use in ambiguous situations reasonable in intensity, duration, and before resorting to deadly force. magnitude, based on all facts known to Include such measures as giving the commander at the time, to decisively a verbal warning, using a riot counter the hostile act or hostile intent stick, or perhaps firing an aimed and to ensure the continued safety of warning shot. May place limits U.S. forces. As with necessity, the on the pursuit of an attacker. proportionality principle reflects an Type II - Protection of Property ancient international legal norm. and Foreign Nationals. Detail what and whom may be 8.2.6 Tvpes of ROE defended with force aside from the lives of U.S. soldiers and Mere restatement of the core legal citizens. Include measures to be principles of proportionality and taken to prevent crimes in necessity does not indicate specifically progress or the fleeing of enough the circumstances under which criminals. soldiers may fire weapons in national, unit, or individual self-defense. Nor do Type IV - Weapons Control these principles articulate the myriad Status/ Alert Conditions. restrictions that a commander may Announce, for air defense assets, impose on a force to serve the non-legal a posture for resolving doubts purposes mentioned above. Commands over whether to engage. insert numerous types of specific rules Announce for units observing into ROE annexes and soldier cards to alert conditions a series of elaborate further the rules of necessity measures designed to adjust unit and proportionality and to dictate readiness for attack to the level precise terms of restrictions that are not of perceived threat. The derived from law. The following measures may include some or descriptions of types of rules permit all of the other functional types OPLAW JAs and others to speak with of rules. precision about ROE. Type V - Amzing Orders. Dictate which soldiers in the force are Type I - Hostility Criteria. armed and with what weapons hovide those making decisions and ammunition. Specify which whether to fire with a set of precise orders given by whom objective factors to assist in will permit the loading and determining whether a potential charging of firearms. assailant exhibits hostile intent and thus clarify whether shots Type VI - Approval to Use can be fired before receiving fire. Weapons Systems. Designate what level commander must Legal Support to Operations

approve use of particular Engagement for U.S. Forces (SROE) is weapons systems. Perhaps the keystone document in the area of prohibit use of a weapon entirely. ROE. It provides implementation guidance to CINCs on the inherent right Type VII - Eyes on Target. of self defense and the application of Require that the object of fire be force for mission accon~plishment.It is observed by one or more human the result of an all-service review and or electronic means. revision of the former JCS Peacetime Type Vlll - Territorial or Rules of Engagement (PROE). The Geographic Restraints. Create SROE apply to ali U.S. forces-with geographic zones or areas into limited exceptions for Multinational which forces may not fire. May Force (MNF), Civil Disturbance, and designate a territorial-perhaps disaster relief operations-and is political-boundary, beyond designed to provide a common template which forces may neither fire nor for development and implementation of enter except perhaps in hot ROE across the range of military pursuit of an attacking force. operations. The SROE are divided into Include tactical control measures three principle sections or enclosures: that coordinate fire and maneuver by means of graphic Enclosure A (Standing Rules of illustrations on operations map Engagement): This enclosure details the overlays. general purpose, intent and scope of the SROE, emphasizing the commander's Type IX - Restrictions on right--and obligation-to use force in Manpower. Prescribe numbers self-defense. Critical principles-such and types of soldiers to be as unit, national, and collective self- committed to a theater or area of defense, hostile acts and intent, and the operations. Perhaps prohibit use determination to declare forces hostile- of U.S. manpower in politically -are addressed as foundational ele- or diplomatically sensitive ments of all ROE. Appendices provide personnel assignments requiring specific guidance with respect to the allied manning. scope of authority to use force, delega- Type X - Restrictions on Point tion of authority to declare forces hostile Targets and Means of War$are. and exercise the right of national self- Prohibit targeting of certain defense, and application of the principle individuals or facilities. May of proportionality, and they address spe- restate basic rules of the law of cial considerations associated with war for situations in which a peacekeeping, command, control and hostile force is identified and information warfare (C20, counterdrug, prolonged armed conflict ensues. and noncombatant evacuation operations. In addition, force-specific 8.3 CJCS STANDING ROE (i.e., seaborne, land, and air) appendices detail indicators of hostile intent, geo- Chairman of the Joint Chiefs of Staff graphic limitations of authority, and Instruction 3I21.01, Standing Rules of other concerns that are particular to operations within the defined force sensitivities of the Combatant structure. Commander's AOR and must be approved by CJCS. They are included Enclosure B (Supplemental Mea- in the SROE as a means to assist com- sures): Supplemental Measures are manders and units participating in oper- menu lists of ROE measures that may be ations outside their assigned AORS. adopted, requested, granted, or not used at all. Supplemental measures found in The SROE also contain techcal this enclosure enable the commander to definitions of self defense: obtain or grant those additional authorities necessary to accomplish an Self Defense: The SROE do not assigned mission. Tables of supple- limit a commander's inherent mental measures are divided into those authority and obligation to use actions requiring NCA approval, those all necessary means available that require either NCA or Combatant and to take all appropriate action Commander approval and those that in self-defense of the com- may be delegated to subordinate com- mander's unit and other U.S. manders. It is important to remember forces in the vicinity. that the SROE are fundamentally per- Unit Self Defense: The act of missive in nature, allowing a com- defending elements or personnel mander to use any weapon or tactic of a defined unit-as well as available and employ reasonable force to U.S. forces in the vicinity thereof accomplish his mission. Supplemental -against a hostile act or intent. measures provided in Enclosure B are As applied to the soldier on the intended to serve as a planning tool. ground, unit self-defense Inclusion in the SROE supplemental list includes the concept of does not suggest that the commander individual self-defense. needs to seek authority to use any of the listed items - that only occurs when National Self Defense: The act incorporated into ROE issued for a spe- of defending the U.S.; U.S. cific operation. Supplemental ROE forces; and in certain relate to mission accomplishment, not to circumstances, U.S. citizens and self-defense, and never limit the their property, U.S. commercial commander's inherent right and obliga- assets, other designated non-U.S. tion of self-defense. forces, foreign nationals and their property, from a hostile act Enclosure C (Compendium and or hostile intent. As a subset of Combatant Commandersi Special national self-defense, the act of ROE): Enclosure C contains a list of defending other designated non- effective CJCS directives providing U.S. citizens, forces, property, ROE guidance and Area of and interests is referred to as Responsibility specific rules of collective self-defense. engagement submitted by the Combatant Authority to exercise national Commanders. Those special ROE self-defense rests with the NCA, address specific strategic and political but may be delegated under Legal Support to Operations

specified circumstances; Commanders and staffs at all however, only the NCA may echelons use the Interpret-Draft- authorize the exercise of Disseminate-Train (I-D-D-T) collective self-defense. methodology to incorporate ROE into the conduct of military operations. The SROE distinguish between the OPLAW JAs participate in all four facets of this methodology. Each facet right and obligation of self-defense- which is not limited-and use of force is connected with and influences the for the accomplishment of an assigned others, and together the facets describe a mission. Authority to use force in process of continuous refinement and mission accomplishment may be limited revision. The facets in the ID-D-T in light of political, military or legal methodology are interactive rather than concerns, but such limitations have no sequential. impact on the commander's right and obligation of self-defense. In joint task forces and at higher joint echelons, the I-D-D-T methodology Once a threat has been declared a is conducted by an ROE Planning Cell. hostile force, United States units and The ROE Cell consists of the 5-3, the J- J-5, individual soldiers may engage without 2, the and the SJA or designated observing a hostile act or demonstration representatives, in addition to other of hostile intent. The basis for special staff officers as appropriate. The engagement becomes status rather than Joint Task Force 5-3 is responsible for ROE in crisis action planning, and the conduct. The authority to declare a force hostile is given only to particular ROE Cell provides a formal planning individuals in special circumstances. structure through which the J-3 can A~~endixA to Enclosure A of the effectively perform this responsibility. SROE contains guidance on this authority. At corps and divisions, the I-D-D-T methodology is conducted by the 8.4 THE I-D-D-T members of the Deep Operations METHODOLOGY Coordination Cell (DOCC) and any Information Operations Cell, in conjunction with their duties in the targeting process. At brigade level, the I-D-D-T Methodology Brigade Judge Advocate coordinates throughout the military decision-making Interpret process with the S-3 and with all staff Draft officers engaged in targeting to ensure Disseminate that the I-D-D-T methodology is conducted. Train 8.4.1 Interpret

At the operational and tactical levels of conflict, commanders and staffs must interpret the ROE issued by higher The OPLAW JA's contribution to headquarters. At the theater level, the the interpretation of ROE sometimes CINC and his staff must interpret the requires more than the skills of textual SROE and any mission-specific ROE construction and factual analysis, that may emanate from CJCS or the however. In some situations, the National Command Authorities. OPLAW JA will be the sole member of Interpretation of ROE demands skills the ROE Planning Cell, the DOCC, or that are well-honed in the legal the staff possessing the necessary profession and specifically cultivated training in objectivity and impartiality to within the "judge" function of legal state unpleasant interpretations of a support to operations. Thus, while the higher headquarter's ROE. This commander will ultimately determine requires constant situational awareness what a rule issued by higher made possible through secure and headquarters demands of his command, nonsecure communication nodes, OPLAW JAs will provide expert mobility, the commander's task assistance. organization of placing OPLAW JAs in command posts as discussed in earlier The interpretive expertise of the chapters. OPLAW JA begins from a thorough familiarity with the SROE. It relies 8.4.2 Draft upon aggressive research to find all operations plans, orders, messages, In some operations, ROE will be top- standing operating procedures, treaties driven, meaning that a higher echelon and coalition documents, directives, and commander-for instance a CINC- regulations that purport to establish or establishes ROE that must be change the ROE. It demands careful disseminated verbatim to all lower organization of these documents echelons. The preference of military (chronologically, by issuing doctrine, because it preserves lower headquarters) to determine which is echelon initiative, is for ROE to be top- authoritative on which point. It requires fed, meaning that a higher-echelon skill at reconciling two rules that appear commander establishes rules for to contradict by considering broader immediate subordinate echelons. These imperatives contained in the text of the subordinate echelons in turn disseminate rules or other guidance as well as ROE that are consistent with those of clearheaded reasoning from any higher headquarters but tailored to the available precedents as to how the particular unit's mission. These methods contradictory rules have been interpreted may also coexist within a particular in the past. It presumes intimate operation, as some rules may be top- knowledge of the "facts" of the military driven while others may be subject to operation and sufficient knowledge of discretion on the manner of staff organization and procedures to dissemination and thus top-fed. gather information from those who can provide additional needed facts. When the rules are not top-driven, commanders and staffs from theater level down to brigade draft ROE for Legal Support to Operations their commands. At theater and JTF forces will be assigned and remain levels, the drafting of ROE results in OPCON to a multinational force only if Appendix 8 (Rules of Engagement) to the combatant commander and higher Annex C (Operations) of the operations authority determine that the ROE for plan (OPLAN) or operations order that multinational force are consistent (OPORD), in accordance with the Joint with the policy guidance on unit self- Operations Planning and Execution defense and with the rules for individual System (JOPES), Joint Publication 5-03. self-defense contained in this document. At corps, division, and brigade level, the When U.S. forces, under United States drafting of ROE results in Annex E to OPCON, operate in conjunchon with a the OPLAN or OPORD in accordance multinational force, reasonable efforts with Army doctrine. Army doctrine also will be made to effect common ROE. If calls for the integration of ROE in the such ROE cannot be established, U.S. coordinating instructions subparagraph forces will exercise the right and of paragraph 3 (Execution) of the body obligation of self-defense contained in of the OPLAN or OPORD. the SROE while seeking guidance from the appropriate combatant command. JOPES and Army doctrine provide minimal guidance as to the contents and Participation in multinational format of these ROE documents. operations may be complicated by Standing operating procedures (SOPS), varying national obligations derived which exist in part to enable OPLANs from international agreements; i-e., other and OPORDs to be brief, frequently members in a coalition may not be provide extensive content and format signatories to treaties that bind the guidance. This guidance, in turn, United States, or they may be bound by typically draws heavily upon the SROE, treaties to which the United States is not incorporating both standing rules and a party. United States forces still remain supplemental rules according to a bound by U.S. treaty obligations even if command-specific format that is the other members in a coalition are not periodically updated and continuously signatories to a treaty and need not trained. Appendix E to Enclosure B of adhere to its terms. the SROE contains a message format by which CINCs request and receive A multinational partner's domestic supplemental ROE. law, policy, and social values may also effect mu1tinational planning at the The drafting of ROE in the context strategic and operational level. Lessons of multinational operations presents learned from recent multinational additional challenges. The SROE state exercises and operations reflect that United States forces assigned to the significant differences in how various operational control (OPCON) of a countries understand and view the multinational force will follow the ROE application of military force through the of the multinational force unless ROE. These factors can severely limit otherwise directed by the National -or expand a Multinational Commander's Command Authorities (NCA). The ability to use a national contingent's SROE further state that United States capabilities. Legal advisors at all levels of planning can assist in the certain force options. The interpretation and drafting of ROE. capabilities and level of training of friendly troops will determine The United States places an whether certain ROE need to be importance on the ROE that other spelled out in the order. The nations may not share, attaches meaning amount of time available may to terms with which other nations' forces dictate both what force options may not be familiar, and implements can be used and what prepara- ROE within a context of doctrine that tions can be made to implement may differ markedly from that of other a particular rule. The presence nations. When operating with forces or absence of civilians will from non-English-speaking countries, inevitably raise questions about these differences will be accentuated. whom friendly forces can protect Energetic participation by operational under the ROE. lawyers in the drafting process helps Push Upward on the Draping ensure that final ROE products reflect Process. The SROE provides the legitimate interests of all sides. In the means to request such circumstances,United States forces supplementals. Use such benefit by having a completed draft (i.e., requests. If the METT-TC the SROE) available as a basis for suggests a ROE that is not discussion. When developing ROE in contained in the higher conjunction with the United Nations, headquarters annex, push a diplomatic or policy constraints suggested rule to the higher occasionally dictate language peculiar to headquarters for approval. Keep United Nations operations. In these in mind, however, that the SROE cases, the availability of a complete, are permissive, as discussed preferred alternative (again, the SROE) above. give United States forces a medium with which to communicatetheir concerns. Avoid Restating Strategy and Doctrine. ROE should not be The sound drafting of ROE will used as the means to state adhere to severalprinciples: strategy or doctrine. A common mistake of the inexperienced is Consider the MEIT-TC. The to attempt to use the ROE annex mission will drive the ROE, and to accomplish something for as an operation unfolds in which an entire system exists in phases, the mission may trigger Army doctrine. significant shifts in the ROE. Avoid Restating the Law of War. The existence of enemy forces or ROE should not restate the law other threats will change the of war. Commanders may desire ROE from conduct-based rules to emphasize an aspect of the law to status-based rules with respect of war that is particularly to those threats that have been relevant to a specific operation declared hostile forces. The (e-g., see Desert Storm ROE terrain will limit the feasibility of regarding cultural property), but Legal Support to Operations they should not include an 8.4.3 Disseminate extensive discussion of the Hague Regulations and Geneva The OPLAN or OPORD annex is Conventions. only the minimum means of disseminating the ROE. The annex at Avoid Restating Tactics. each echelon will build upon the Because the purposes of ROE command's SOP, which is the primary, (political, legal, military) are continuous means of disseminating sometimes dificult to discern, a those ROE that tend to appear in boundary line drawn upon an successive operations. Various methods operations overlay may be the effectively capture dissemination across result of a commander's concept a command. The Commander, S3lG31J3, of operations while and SJA must determine its system on simultaneously transmitting a quickly and efficiently disseminating rule of engagement stemming changes in the ROE and train its staff from political considerations. and subordinate commanders Still, many phase lines, control accordingly. points, and other fire and tactical control measures have no When particular ROE issued by meaningful connection to higher headquarters are not anticipated political or legal considerations. in the TACSOP, the OPORD annex These measures belong in other must state these rules outright, without portions of the OPLAN or reference to an ROE menu item. Also, OPORD, not in the ROE. the commander and staff must provide Avoid Safety-Related mission-specific ROE training for Restrictions. ROE should not deploying soldiers. Judge advocates deal with safety-related must be prepared to assist in this restrictions. Certain weapons training. While never a substitute for require specific safety-related, training, an ROE card is often helpful as pre-operation steps. These a ready reference to soldiers at the should rlot be detailed in the lowest level-this is done in virtually ROE, but may appear in the every instance. tactical or field SOP. 8.4.4 Train Avoid Excessively Qualifed Language. ROE are useful and ROE must be disseminated effective only when understood, throughout the force and reinforced by remembered, and readily applied training and rehearsal. Soldiers execute under stress. Well formulated in the manner they train; they will carry ROE anticipate the circum- out their tasks in compliance with the stances of an operation and ROE when trained to do so. In today's provide unambiguous guidance operations, where a single soldier's to the soldier, sailor, airman and action can change not only the tactical marine before he confronts a but the strategic and political setting, it threat. is vital that commanders and judge advocates disseminate and train ROE to by a speeding vehicle. The trainer all lowest levels. All training evaluates the soldier's response, and opportunities should reinforce ROE and afterward discusses alternative responses teach soldiers how to apply the basic available within the ROE. The STX rules of self-defense. Individual and brings to life abstract rules contained in unit preparation for specific missions written ROE, giving the soldier concrete must incorporate training that challenges tern of reference within whch to soldiers to apply mission-specific ROE. determine his response. In this way, the In crisis response situations, ROE soldier achieves the balance between training may consist of leaders and initiative and restraint so important to soldiers receiving and training on the success, particularly in MOOTW. The mission-specific ROE en route to the SJA must be prepared to assist in departure airfield. Jn that case, the providing ROE training, including knowledge gained on the basic rules of vignette-driven training, and to ensure self-defense and scenario-specific, that subordinate SJAs are involved in situational ROE during past scheduled providing similar assistance for ROE training enables commanders and training. soldiers to better understand and adhere to the crisis situation ROE. When The SROE articulate baseline preparing for missions such as principles that are useful in conducting peacekeeping or disaster relief, soldier training within STXs, prior to a commanders should remember that these deployment. These principles can be missions normally require soldiers to use restated within an acronym that permits greater restraint and discipline than in individual common task training (CP) offensive or defensive operations. by establishing a standard against which to evaluate the soldier's response during ROE should always include the STX. One training device that situational training. This situational captures the baseline SROE principles is training should challenge soldiers in the mnemonic RAMP. The box below employing weapons, levels of force, and outlines the elements of R-A-M-P, other ROE. Situational training which when used within a context of exercises (STXs) focus on one or a small repetitive and varied situational training, group of tasks- within a particular inculcates effective responses under mission scenarieand require that conditions of stress. Because R-A-M-P soldiers practice until the tasks can be principles incorporate necessity and executed to some pre-established proportionality, RAMP training provides standard. Trainers refer to these a solid framework upon which mission- scenarios unofficially as "vignettes," and specific ROE training can build. to this type of training as "lane training." Nevertheless, legal personnel must assist To conduct STXs on ROE, a soldiers in understanding that R-A-M-P commander, judge advocate, or other self-defense principles are not a trainer places a soldier in a particular substitute for mission-specific ROE simulated operational scenario and then training. confronts him with an event, such as the crashing of a traffic checkpoint barrier Legal Support to Operations

In all ongoing operations, but particularly in volatile and rapidly changing peace operations, commanders must conduct continuous refresher training. Commanders in Bosnia effectively developed and updated situational ROE training based on actual recorded events that took place in the theater of operations from previous weeks. In the gray zone surrounding ROE in peace enforcement operations, commanders, with their OPLAW JAs, must continually hone their soldiersy ability to balance initiative and restraint.

R-A-M-P R - Return Fire with Aimed Fire. Return force with force. You always have the right to repel hostile acts with necessary force. A - Anticipate Attack. Use force if, but only if, you see clear indicators of hostile intent. M - Measure the amount of Force that you use, if time and circumstances permit. Use only the amount of force necessary to protect lives and accomplish the mission. P - Protect with deadly force only human life, and property designated by your commander. Stop short of deadly force when nrnterti n u nther nrnnertv Legal Support to Operations

Glossary

ABCS Army Battle Command System AC-RC Active Component-Reserve Component ACCA Army Court of Criminal Appeals ACO Area Claims Office ACOM Atlantic Command (ACOM will be redesignated USJFCOM on or about 1 Oct 99) ACS A Acquisiti.on and Cross-Servicing Agreement ACU Area Common User ADCON Administrative Control ADDS Army Data Distribution System AGCCS Army Global Command and Control System ADC-M Assistant Division Commander-Maneuver ADC-S Assistant Division Commander-Support AJAG Assistant Judge Advocate General AJAGICLL Assistant Judge Advocate General for Civil Law and Litigation AJAG/MLO Assistant Judge Advocate General for Military Law and Operations Assistant Judge Advocate General for Operations, a United States Army Reserve Individual Mobilization Augrnentee ALCOM Alaskan Command ALOC Administrativebgistics Operations Center ALLS Army Law Library Service AMOPES Army Mobilization Planning and Execution System AMOPS Army Mobilization and Operations Planning System ANGLICO Air and Naval Gunfire Liaison Company A0 Area of Operations AOA Areas of Assistance AOC Areas of Conflict AOE Army of Excellence AR Army Regulation ARFOR Army Forces ARNG Army National Guard ARNG Spec Asst The Army National Guard Special Assistant to The Judge Advocate General ASCC Army Service Component Commander ASG Area Support Group AS1 Additional Skill Identifier Assault CP Assault Command Post, a TAC CP in a rapidly deployed division ATCCS Army Tactical Command and Control System

BCT Brigade Combat Team BCTP Battle Command Training Program BDCSTS Broadcast System BDE Brigade BN Battalion BOLT Brigade Operational Law Team BUB Battle Update Brief

C2 Command and Control C21 Command, Control, and Information CA Civil Affairs CAAF Court of Appeals for the Armed Forces CENTCOM Central Command CCE Commanders' Critical Information Requirements CD Compact Disc; Counter Drug CDD Combat Developments Division, TJAGSA CDP Combat Decision-Making Process CD-ROM Compact Disc, Read-Only Memory ClMIC Civil-Military Information Center CINC Commander in Chief CJA Command Judge Advocate CJCS Chairman, Joint Chiefs of Staff CJCSI Chairman, Joint Chiefs of Staff Instruction CJCS SROE Chairman, Joint Chiefs of Staff Standing Rules of Engagement CLAM0 Center for Law and Military Operations CLE Continuing Legal Education CLEA Civilian Law Enforcement Agency CLNCO Chief Legal Noncommissioned Officer CMO Civil-Military Operations CMOC Civil-Military Operations Center CNR Combat Net Radios COA Course of Action COCOM Combatant Command COL Colonel COMMZ Communications Zone CONUS Continental United States CONUSA Continental United States Army COSCOM Corps Support Command COTS Commercial-off-the-shelf CP Command Post CPO Claims Processing Office; Civilian Personnel Office CPT Captain CTC Combat Training Center CTT Common Task Training cz Combat Zone

DAD Defense Appellate Division D-D-D-A Decide-Detect-Deliver-Assess Legal Support to Operations

DEP'T Department DFSCORD Deputy Fire Support Coordinator DIRLAUTH Direct Liaison Authorized DISCOM Division Support Command DIVARTY Division Artillery DOCC Deep Operations Coordination Cell DoD Department of Defense DoD Dir. Department of Defense Directive DoJ Department of Justice DBMS Director of Milit&y Support DOS Department of State DSJA Deputy Staffl Judge Advocate DTAC Division TAC CP DTLOMS Doctrine, training, leadership, organization, materiel, and soldiers

EEM Early Entry Modules ESF Emergency Support Functions EPW Enemy Prisoner of War EUCOM European Command

FAR Federal Acquisition Regulation FJ3CB2 Force XXI Battle Command-Brigade and Below System FBI Federal Bureau of Investigations FCA Foreign Claims Act FCC Foreign Claims Commission FEMA Federal Emergency Management Agency FM Field Manual FOIA Freedom of Information Act FORSCOM Forces Command Force XXI Force Twenty-One, the digitized Army FRAGO Fragmentary Order FSB Forward Support Battalion FSCL Fire Support Coordination Cell FSCORD Fire Support Coordinator FSOP Field Standard Operating Procedures

Corps and Division Assistant Chief of Staff, Personnel Corps and Division Assistant Chief of Staff, Intelligence Corps and Division Assistant Chief of Staff, Operations and Plans Corps and Division Assistant Chief of Staff, Logistics Corps and Division Assistant Chief of Staff, Civil Affairs Corps and Division Assistant Chief of Staff, Information Management GAD Government Appellate Division GCM General Court-Martial GCMCA General Court-Martial Convening Authority GCSS-A Global Combat Support System-Atmy GPS Global Positioning System

IFA Humanitarian Assistance BCA Humanitarian and Civil Assistance HMMWV High-Mobility Multipurpose Wheeled Vehicle

In Accordance With International Committee of the Red Cross International Organization; Information Operations; Investigating Officer I-D-D-T Interpret-Draft-Disseminate-Train IMA Individual Mobilization Augmentee IMO Information Management Officer IPB Intelligence Preparation of the Battlefield

Manpower & Personnel Directorate of a Joint Staff Intelligence Directorate of a Joint Staff Operations Directorate of a Joint Staff Logistics Directorate of a Joint Staff Plans Directorate of a Joint Staff Command, Control, Communications, Computer Systems Directorate of a Joint Staff J A Judge Advocate J AGC Judge Advocate General's Corps JAGCNet Judge Advocate General's Corps Network (www.jagcnet.army.mi1) JAGS0 Judge Advocate General Service Organization JAW Judge Advocate Warfighting Experiment JCS Joint Chiefs of Staff JFACC Joint Forces Air Component Command JFC Joint Force Commander JFCOM Joint Forces Command (the successor organization to ACOM) JFLCC Joint Forces Land Component Command JFMCC Joint Forces Maritime Component Command JFSOCC Joint Forces Special Operations Component Command JIATF Joint Inter-Agency Task Force JWC joint Military Commission; Joint Movement Center JOA Joint Operations Area JOPES Joint Operations Planning and Execution System , JP Joint Publication I JRA Joint Rear Areas 1 JSCP Joint Strategic Capabilities Plan JSOTF Joint Special Operations Task Force JTCB Joint Targeting Coordination Board Legal Supgloat to Operations

JTF Joint Task Force JTTP Joint Tactics, Techniques, and Procedures JZ Joint Zones

LAAWS Legal Automated Army-Wide System LDP Leadership Development Program LOGCAP Logistics Civil Augmentation Program LOW Law of War LSO Legal Support Organization LST Legai Support Team LTC Lieutenant Colonel

MACDIS Military Assistance for Civil Disturbances Main CP Main Command Post MAJ Major MCS Maneuver Control System MCS-P Maneuver Control System - Phoenix MDMP Military Decision Making Process METL Mission Essential Task List ME'IT-TC Mission, Enemy, Troops, Terrain, Time Available, and Civilian Considerations MNF Multinational Forces MOB Mobilization MOBTDA Mobilization Table of Distribution and Allowance MOOTW Military Operations Other Than War MOS Military Occupational Specialty MPCA Military Personnel Claims Act MRE Mission Rehearsal Exercise; Meals Ready to Eat MSG Master Sergeant MSO Mobilization Support Organization

NATO North Atlantic Treaty Organization NBC Nuclear, Biological and Chemical NCA National Command Authorities NCO Noncommissioned Officer NCOIC Noncommissioned Officer in Charge NG National Guard NGO Non-governmental Organization NGR National Guard Regulation NMS National Military Strategy NSS National Security Strategy

OC Observer-Controller OCONUS Outside the Continental United States OIC Officer in Charge OOTW Operations Other Than War OPCON Operational Control OPLAN Operations Plan OPLAW Operational Law OPLAW JA Operational Law Judge Advocate OPORD Operations Order OSJA Office of the Staff Judge Advocate OT Observer-Trainer OTJAG Office of the Judge Advocate General

PACOM Pacific Command PCMCIA Personal Computer Memory Card International Association (modem and network cards for notebook computers) PDD Presidential Decision Document PEO Peace Enforcement Operations PFC Private First Class PKO Peace Keeping Operations PLEX Plans/Exercises Cell PLP Premobilization Legal Preparation PPTO Personnel, Plans, and Training Office PROE Peacetime Rules of Engagement (superseded by the JCS SROE) PSYOP Psychological Operations PVO Private Voluntary Organization

R-A-M-P Learning device for ROE training. Return Fire with Aimed Fire- Anticipate Attack-Measure the Amount of Force-Protect with Deadly Force only Human Life and Property Designated by the Commander RCM Rules for Courts-Martial RDC Regional Defense Counsel RDL Rucksack Deployable Law Office and Library Rear CP Rear Command Post ROE Rules of Engagement RSC Regional Support Command RSG Regional Support Group RTDT Regional Trial Defense Team

S-i Adjutant S-2 Intelligence Officer S-3 Training and Operations Officer S-4 Supply Officer S-5 Civil Affairs Officer SA Secretary of the Army; Security Assistance SECDEF Secretary of Defense SFC Sergeant First Class Legal Support to Operations

SGLI Soldiers' Group Life Insurance SGT Sergeant SIPRNET Secret Internet Protocol Router Network SJA Staff Judge Advocate soco Standards of Conduct Office SOCOM Special Operations Command SO1 Signal Operation Instructions SOF Special Operations Forces SOFA Status of Forces Agreement SOP Standard Operating Procedures SOUTHCOM Southern Command SPACECOM Space Command SPC Specialist SROE Standing Rules of Engagement SRP Soldier Readiness Program Processing SSCR Single-service Claims Responsibility SSCRA Soldiers' and Sailors' Civil Relief Act SSG Staff Sergeant SSORD Service Support Order STANAG Standardization Agreement STARC State Area Commands STRATCOM Strategic Command STX Situational Training Exercises

TAACOM Theater Army Area Command TAC CP Tactical Command Post TACCl Tactical Command Post in a Digitized Division TACON Tactical Control TACSOP Tactical Standard Operating Procedures TADSS Training Aids, Devices, Simulators, and Simulations TAJAG The Assistant Judge Advocate General TDA Trial Defense Service TDT Trial Defense Team TOA Transfer of Authority TOC Tactical Operations Center TOE Table of Organization and Equipment TOR Terms of Reference TJAG The Judge Advocate General TJAGSA The Judge Advocate General's School, Army TRANSCOM Transportation Command TSC Troop Support Command TTP Tactics, Techniques, and Procedures

UCMJ Uniform Code of Military Justice UCO Unit Claims Officers UCP Unified Command Plan UN United Nations USACAPOC United States Army Civil Affairs and Psychological Operations Command USACCA United States Army Court of Criminal Appeals USAID United States Agency for International Development USALSA United States Army Legal Services Agency USAR United States Army Reserve USARCS United States Army Claims Service USASOC United States Army Special Operations Command US ATDS United States Army Trial Defense Service USC United States Code USCA United States Code, Annotated USJFCOM United States Joint Forces Command (the successor organization to ACOM) USFJ United States Force, Japan USFK United States Forces, Korea

WARN0 Warning Order WMD Weapons of Mass Destruction

Executive Officer Legal Support to Operations

References

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AR 27-20. Claims. December 1997.

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CJCSI 3 12 1-01. Standing Rules of Engagement for US Forces. October 1994.

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FM 27-1 00. Legal Operations. September 1991.

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FM 100-5. Operations. June 1993.

FM 100-7. Decisive Force: The Army in Theater Operations. May 1995.

FM 100-1 1. Force Integration. January 1995.

FM 100-17. Mobilization, Deployment, Redeployment, Demobilization. October 1992.

FM 100-20. Military Operations in Low Intensity Conflict. December 1990.

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United Nations Charter. Legal Support to Operations

..2- Index CINC 4-2,4-3,4-4,4-5,4-7,4-8,4-9,4-10,4-21,4- 36,5-9,7-9,8-10 A Civil Affairs .iv, 1,4-38, 4-39, 6-14 Civil Disturbance .vi. 7-7. 7-9. 8-7 ABCS 2- 19,4-26,4-27 Civil Law .v, 2-3,2-5,4-21, 1, 5-8 Acquisition and Cross-Servicing Agreements -3-9,5-6 Civil Military Operations .3-13 Administrative Control. 4-7,4-8,410 Civil Military Operations Center -4-6, 6-6 Administrative Law .v, 2-3, 1,5-8 Civilian. 2-12,2-14,4-41,7-8, 8-4 Advocate - i, iii, v, vii, ix, x, 1-1, 1-4, 1-9,2-1,2-2,2- CJA 2-14,4-23,4-28,4-40,4-41,5-12,5-13 3,2-5,2-6,2-7,2-10,2-11,2-14,2-15,3-2,4-21, CJCS vi, 4-7,4-25,6-12,7-4,7-8,7-9, 1, 8-7, 8-8, 4-33,4-40, i, 5-7,5-11,s-21,523, 5-25,8-9, 1-2, 8- 10 1-3, 1-4, 1 Claims. V, 1-3,2-1,2-2,2-5,3-11,3-12,3-13,4-33, Agency - iii, vi, 2-1,2-3,4-6, 7-1,7-5,7-8,7-12,7-13 1,5-8,7-11 MAG 2-3, 2-4, 2-5 CLAM0 2-3,2-5,2-16,2-18,2-19, 3-3,4-25,4-28, Alliance 4-6 5-26, 1,7-3 ALLS .2-5 CLNCO -2-8, 2-10, 2-12, 3-2, 4-27, 5-13, 5-14, 5-15, A0 .4-3 5-17,5-18, 5-25 Area Support Group .4-23 CMOC -4-6,6-6 ARFOR 4-7 COCOM .4-7,4-8 Arms Control .v, 1,6-7 Combat Service Support .viii, 1-9 Army Battle Command System. 2-19,4-26,4-30 Combat Service Support Control System - 1-9 Army Law Library Service . 2-5, 2-12 Combat Zone iv, 1,43 vii, Army National Guard - iii, x, 2-1,2-3, 2-6,2-7,7-3,7- Command. iii, iv, v, x, 1-1,3, 1-6,2-1,2-8,2-11, 13 2-14,2-15,2-19, 3-9, 3-10,3-12,3-14, 1,4-2,4-4, Army of Excellence .3-6,3-8,3-9,3-10,3-12.3-14, 4-5,4-6,4-8,4- 18,4-23,4-24,4-26,4-30,4-33,4- 5-10,5-15 34,4-38, 1,5-4,5-9,5-10,5-11,5-13,5-15,5-22, Army Reserve iii,x, 2-1,2-3,2-7,2- 10,5-5 5-24,5-26, 1, 6-3,6-5,6-8,6-10,6-11,6-12,6-15, Army Service Component Command - v, 4-23,4-24,1, 7-5,7-12, 8-10, 8-1 1, 1 5-9,5-13 Command and Control. iii, v, vi, 1-2, 1-6,2-16,3-1, ARNG -2-6,2-18,5-7 4-26,4-27, 1, 5-4,5-5,5-12,5-13,5-15,5-17,5- ASCC .4-7,4-23,4-25,5-9,5-13,5-14 22, 5-24, 1, 6-5,6-6, 6-10 Assistant Judge Advocate General -2-3,2-4,2-5 Command Judge Advocate .iii, 2- 1,2- 14 Automation iv, 2-19, 1,4-25,4-26 Command Post .V,2-11,2-19, 3-2,4-27, 1,5-10,5- 11,5-12,5-15,5-18,5-22, 5-23, 5-24 Commander vi, 2-4, 2-15,4-5,4-11,4-20,4-23,4- 24,4-34, 5-10,5-11,5-12,7-9, 1,8-2, 8-8,8-11, 8- 13 Communications Zone iv, 1,4-3 Battle Command Training Prograrn -5-26 Continental United States Army. 2-10, 2- 18 BCTP 5-26 Contract Law .2-3,4-21 BOLT. 2-13,4-27,435,4-40,4-41,5-21,5-22,5-24 CONUS 2-6, 2-7,2-10, 2-18,2-19,4-21,4-28,4-33, Brigade - v, 2-13,2-16,3-2,3-4, 1,5-12,5-16,5-17, 5-7 5-21,5-22,5-23, 8-9 CONUSA. 2-10,2-18 Brigade Judge Advocate - 5-21,5-23,8-9 Core Legal Discipline .i, viii, 1-1 Brigade Operational Law Team. 2-13,5-12,5-21 administrative law .viii, 1-2, 1-4,2-8,2-15,3-1, 3- 7,3-8,3-9,4-31,4-35,5-24 civil law .viii, 1-2, 1-4,2-8, 2-15, 3-1, 3-9,3-11,4- 31, 4-35, 4-42, 7-5 claims vii, viii, 1-2,4, 1-4, 1-9,2-2,2-5,2-8,2-11, C2 - iii, ,v,vi, 1-2, 1-6,2-16,3-1,426,4-27, 1,5-4,5- 2-13, 2-14, 2-15, 2-19,2-20,3-1,3-11,3-12, 3- 5,5-12,5-13, 5-15,5-17,5-22,5-24, 1,6-5,6-6,6- 13,4-27,4-29,4-31,4-32, 4-35,4-41, 1,5-6, 5- 10 8,5-24, 6-9, 6-11,7-6 Center for Law and Military Operations .2-3,2-5,2- international law - vii, viii, 1-2, 1-4, 1-8, 1-10,Z-2, 16,2-18,2-19, 3-3,4-25,428,5-26, 1,7-3 2-16, 3-1, 3-2, 3-6, 3-7, 3-9,4-22,4-31,4-35,4- Chairman of the Joint Chiefs of Staff 2- 15,4-4,6- 12, 38,4-39, 5-4,5-5, 6-5,6-10,6-13, 1, 8-2,8-3,8- 6-13,7-11,8-2,s-7, 1, 1-6, 1-7 5 Chemical Weapons Convention .5-5 legal assistance vii, viii, 1-2, 1-4,2-8,2- 11,2-12, Chief Legal Noncommissioned Officer - 2- 10,2- 12 2-14,2-15, 3-1,3-13,3-14,3-15,4-27,4-29,4- 31,4-35,4-38, 1,5-6,5-7,5-24, 1 military justice. vii, viii, 1-2, 1-4, 2-1, 2-8, 2-11,2- Foreign Claims .3-13,5-8 12, 2-13,2-14, 2-15, 2-20, 3-1, 3-3, 3-4, 3-5,4- FORSCOM .2-6, 2-10, 2-18, 4-25, 5-25, 7-9 29,4-31,4-32,4-35,4-38, 5-6 FRAGO .4-15 Corps. i, vii, ix, 1-1,2-5,2-11,4-4,4-24,4-39, 5-14, Functional Areas .vii 5-15, 5-21,7-12, 8-2, 1-2, 1-3, 1-4 Corps Support Command. 4-24 COSCOM .3-8, 3-9, 3-10,4-24, 5-14, 5-15 Counsel. iii, 2-1,2-8,2-15,3-4,3-5,3-15,5-14 Counselor .iii, 1-1, 1-5 GCSS-A . 1-9,2-19 Counter-Drug .v, vi, 1, 6-7, 7-10 General Order . vii Countertenorism. 4-36, 6-7 Geneva Conventions . i, 4-33, 5-8, 8-2, 8-13 Country Team - 4-6,6-6 Court-Martial .5-5 CP -3-2,4-27, 5- 10,5- 11,5- 12, 5- 15, 5- 18, 5-22, 5- 23, 5-24 CSS viii, 4-15 CSSCS . 1-9 Humanitarian Assistance . v, 1, 6-7

Deep Operations Coordination Cell. 5-12, 8-2, 8-9, 8- ICRC -3-7 10 Information Operations. ix, 2-16, 3-2, 5-5, 5-1 1.5-18, Department of Defense .2-2, 2-1 1, 2-18, 3-6, 3- 11, 3- 8-2, 8-9 12,4-38,4-41, 5-5, 6-6,6-13,7-1, 7-4,7-5, 7-6,7- Intelligence .vi, 4-19, 5-13, 1, 6-15 8,7-9,7-10, 7-11, 7-12,7-13, 7-14, 8-2,8-4 Interagency iii, v, vi, 1-6, 4-6, 1, 6-6, 6-12, 8-4 Department of Justice .3-10,7-8,7-13,7-14 International. iii, v, vi, 1-1, 1-7,2-3,2-5, 2-19, 3-6.3- Department of State .6-6 7,4-6,4-41, 1, 5-8, 1, 6-8, 6-12 Deputy StaffJudge Advocate .2-10, 2-11, 2-13, 2-19, International Committee of the Red Cross .3-7, 6-12 4-20,4-27,4-33,4-34,4-35,5-12, 5-13, 5-14,5- International law . 3-6 15,5-17,5-21,5-25 Interpret-Draft-Disseminate-Train. 8-9 Digitized Division .5- 10,5-1 1 I0 .5-5, 5-18 DOCC .5-12,8-9, 8-10 DoD - 2-2, 2-1 1, 2-18, 3-6, 3-1 1, 3-12,4-41, 5-5, 6-6, 6- 13, 7- 1, 7-4,7-5,7-6,7-8, 7-9, 7- 10, 7- 11,7- 12, 7-13,7-14, 8-4 DoD Law of War Program. 2-2,2- 11 JAGC .i, viii, ix, 1-1, 1-9, 2-5, 2-6, 2-7, 2-10, 3-15, 4- DoJ .3-10, 7-8, 7-13, 7-14 21, 4-25,4-28,5-9, 5-14, 5-17, 7-12 DoS .6-6, 7-1 1 JAGS0 X, 2-7,2-8,2-9, 4-40 DSJA .2-10, 2-11,2-13, 2-19, 4-20, 4-27,4-33,4-34, JCS . 8-7 4-35, 5-12, 5-13, 5-14, 5-15, 5-17,5-21,5-25 Joint Chiefs of Staff. iii, 2-1, 2-14,2-15, 4-4, 6-12, 6- Duties. 7-6 13, 7-4, 7-8,7-11, 8-2,8-3, 8-7, 1, 1-6, 1-7 Joint Command .6-6 Joint Force 3-4, 4-2,4-5,4-23, 1-7 Joint Force Commander. 3-4,4-5,4-23 Joint Military Commission. 2-19, 6-10, 6-12, 6-15 Environmental Law. 2-3, 3-10 Joint Operations. 4-6,4-12, 8-11 Exclusion Zones - v, 1, 6-7 Joint Strategic Capabilities Plan .4-7 Joint Task Force . iii, 2-1,2-15,4-5,4-23,4-25,4-36, 7-11, 7-12, 8-9, 8-10 JTF 2-15,4-5,4-25, 4-36,7-11, 8-10 Judge. i, iii, v, vi, vii, ix, x, 1-1, 1-2, 3, 1-3, 1-4, 1-5, 1-6, 1-8, 1-9.2-1,2-2, 2-3,2-4, 2-5, 2-6, 2-7, 2-9, Federal Emergency Management Agency. 7-5,7-13 2-10,2-11,2-12,2-14,2-15,2-16,2-19,2-20,3-2, FEMA .7-5, 7-13, 7-14 3-4, 3-5, 3-15, 4-4,4-5,4-8, 4-20,4-21,4-23, 4-26, Field Operating Agencies .iii, 2-1, 2-3, 2-16 4-29, 4-31,4-33,4-36,4-38,4-40,1, 5-4, 5-6, 5-7, Fiscal Law .2-5 5-10, 5-11, 5-12, 5-13, 5-14,5-15, 5-17, 5-18, 5- Force Projection .iv, 1, 4-21 21, 5-22,5-23, 5-24, 5-25, 6-3, 7-1, 7-3, 7-5, 7-13, Force XXI ix, 3-6,3-8,3-9,3-10,3-12, 3-14, 4-26, 8-9, 8-13, 1-2, 1-3, 1-4, 1 5-10 Legal Support to Operations

Judge Advocate. i, iii, v, vi, vii, ix, x, 1-1, 1-9, 2-1, 2- Mission Essential Task List. iv, ix, 1,4-32,4-33,4-34, 2,2-3, 2-5,2-6,2-7, 2-10, 2-11, 2-14,2-15, 3-2,3- 4-35, 5-25 3, 3-15,4-5,4-15,4-20,4-21,4-33,4-38.4-39,4- Mission Rehearsal Exercise .6- 16 40, 1, 5-7,5-11,5-12, 5-13, 5-17,5-18, 5-21,5-23, Mobility. iv, 1,4-28 5-24, 5-25,7-3, 8-9, 8-10, 1-2, 1-3, 1-4, 1 Mobilization Support Organization .2-8, 3-14, 3-15, Judge Advocate General Service Organization. x, 2-7, 4-33,4-34,4-35,4-36,5-7 2-8, 2-9,4-40 MOOTW .V,5-3,5-4,5-6,5-7,5-17, 1,6-3,6-4, 6-5, Judge Advocate General's Corps - i, viii, ix, 1-1, 1-9, 6-6, 6-8, 6-10, 6-1 1, 6-12, 6-13, 6-14,6-15,6-16, 2-6,2-7,2-10, 3-15,4-21,4-25,4-28,5-9,5-14, 5- 1, 8-2, 8-5, 8-14, 1 17,7-12 MRE. 6-16 Judge Advocate General's Corps . 1-1,2-5 MSO .2-8,3-14, 3-15,4-33,4-34,4-35,4-36,5-7

LAAWS . 1-9,2-19,4-26,4-27, 5-13, 5-14, 5-17 Nation Assistance .v, 1,6-8 Law of the Flag 6-1 1,6-12 National Command Authorities. 3,2-15,4-4,4-41,6- Law of War i, vii, 2-2,2- 11, 3-6,3-7, 2,4-15, 5-4, 5- 3, 6-5, 6-8, 6-11,7-5, 7-12, 7-13,8-8, 8-10, 8-11 11,X-12 National Guard Bureau .x, 2-6,7- 11 Lead Agency .vi, 7- 1,7-5,7-8,7- 12 National Military Strategy .viii, 4-4, 1-6, 1-7 Legal Administrator - 2-10, 2-12, 2-13,3-2,4-27,5-25 National Security Strategy. viii, 1-6,4-3,4-4,7-13, 1- Legal Assistance .v, 2-2, 2-3, 3-13, 3-15,4-33, 1, 5-9 6 Legal Automated Anny-Wide System. 1-9,2-19,4- - NCA. 3, 2-15,4-4,4-41, 6-3,6-5, 6-8,6-11, 7-5, 7- 26,4-27,5-13,5-14,5-17 12,7-13, 8-8, 8-10, 8-11 Legal Organizations .iii, 2-1, 2-6, 2-7 Legal Specialist .2-8, 2- 13 Legal Support Organization 2-7,2-10,2-18, 4-33,4- 34,4-35,4-36,5-7,7-3 Legal Support Team. 2-7,2-8,2-10 Office of the Judge Advocate General 2-1,2-3,2-16, Legitimacy.iii, 1-1, 1-2, 1-10 2-18,4-25, 6-12 Lion. 4-8,4-10 Office of The Judge Advocate General .iii, 2- 1 LOGCAP. 3-9,5-6,6-14 OPCON .2-6,4-8,4-17, 4-36, 4-40, 8-11 Logistics Civil Augmentation Program. 3-9,5-6,6- 14 Operation .vi, 2- 18,4-16, 1,6-6, 6-9, 6-1 1 LOW. vii, 3-6, 3-7,4-15, 5-11 Operation Plan .3-3, 3-8,4-15,4-18,4-19, 8-1 1, 8-13 LSO .2-7,2-10, 2-18,4-33,4-34,4-35,4-36,5-7,7-3 Operational Control .2-6,4-8, 4- 17,4-36,4-40,8-11 LST .2-7,2-8, 2-10 Operational Law .i, iii, vii, 1-1, 2-1,2-3, 2-5, 2-13,2- 16, 2-19, 2,4-29, 5-12, 5-21, 6-10, 6-12, 6-14, 7-3 Operations Law .iv, 2-16,2-18, 3-1, 3-2, 3-3, 3-9, 3- 15,4-5,4-15,4-20,4-21,4-22,4-23,4-27,4-28,4- 32, 4-36,4-38,4-39,4-40, 5-4, 5-6,5-7, 5-8, 5-1 1, Main CP .3-2,5-11 5-12, 5-13, 5-14, 5-15,5-l7,5-18,5-21, 5-22,5- Maneuver Control System. 1-9,2-19 24, 5-25,5-26,6-10,6-11,6-12,6-13,6-14,6-15, Materiel. 4-5 6-16,7-1, 8-2,8-9, 8-10, 8-15 MDMP - iv, 1,4-12, 4-18,4-19,4-20,5-4, 5-12 Operations Order. 3-3,4-15,4-16,4-17,4-18,4-20, METL - iv, ix, 1,4-32,4-33,4-34,4-35, 5-25 8-11, 8-13 METT-TC . vi, 2-19,4-4,4-13,5-11,5-12,5-14,5- OPLAN .3-3,3-8, 4-15,4-18, 4-19, 8-11,8-13 16,5-17,5-21,7-3,8-4, 8-12 OPLAW. i, iii, iv, vii, 1-1, 2-1, 2-3,2-5,2-13,2-16, 2- Military Decision Making Process 4-18,4-19,4-20, 18,2-19, 3-1, 3-2, 3-3, 3-9, 3-15,2,4-5,4-15,4- 5-4,5-12 20,4-21,4-22,4-23,4-27,4-28,4-29,4-32,4-36, Military Decision-Making Process - 4- 18 4-38,4-39,4-40, 5-4, 5-6,5-7, 5-8, 5-11,5-12, 5- Military Justice v, 1-4,2-1, 2-4,2-11, 3-3,4-29,4- 13, 5-14, 5-15,5-17,5-18, 5-21, 5-22, 5-24, 5-25, 33, 1,5-8 5-26,6-10, 6-11, 6-12,6-13,6-14,6-15, 6-16,7-1, Military Operations Other Than War - v, 5-3, 5-4,5-6, 7-3,8-2, 8-9, 8-10, 8-15 5-7,5-17, 1,6-3,6-4,6-5,6-6,6-8,6-10,6-11,6- OPLAW Judge Advocate - 3-2 12,6-13,6-14, 6-15,6-16, 1, 8-2, 8-5,8-14, 1 OPORD .3-3,4-15,4-16,4-17,4-18,4-20,8-1 1,8- Military Support to Civil Authorities .vi, 7-4 13 Mission - iii, iv, v, vii, ix, 1-1, 1-2, 1-8, 3-5, 1,4-6,4- Order .4- 16, 8-2 11,4-13,4-17,4-20,4-32.5-17,1, 6-5,6-6,6-10, OTJAG .iii, 2- 1,2-3,2- 16,2-18,4-25, 6- 12 8-4 Overseas Presence .iv, 1,4-21 5-24, 5-25,s-26,6-12,6-14,6-15,7-3, 8-9, 8-13, 8-14, 1 SOFA .5-6,6-9 PDD .7- 13 Soldier Readiness Processing - 2-10, 2-14,2-18, 3-14, Peace Enforcement .6-4,6-9 3- 15 Peace Operations. v, ix, 1,6-8 SOP. 4-16, 4-18,4-20, 5-10, 8-13 Peacekeeping .6-4,6-9 Special Operations .iv, ix, 1,4-2,4-36,4-37,4-38,5- Personnel Claims .5-8 24, 6-8, 6-15 Personnel Service Support v, 4-29, 1,5-4,5-6 SROE. 6-12, 6-13, 7-6,7-12, 8-3, 8-5, 8-7, 8-8, 8-9, Planning .iv, 2- 18, 1,41 1,4- 12,4 13,4-20,4-22,4- 8-10, 8-11, 8-12, 8-14 35,4-41,8-9,8-10, 8-11 SRP .2-10, 2-14, 2-18, 3-14, 3- 15 Plans .2-16,3-2,4-12,4-15,5-12 Staff Judge Advocate .i, iii, iv, ix, 1-9, 2-1,2-3,2-6, Presidential Decision Directive - 7-13 2-9,2-10, 2-11, 2-12, 2-13, 2-14, 2-15,2-16,2-19, Private Voluntary Organizations . 1-7 2-20, 3-3, 3-4, 3-5, 3-6, 3-7,3-9,3-10, 3-12, 3-15, PSS .V,4-29, 1, 5-4,s-6 1, 4-20,4-21,4-23,4-25,4-26,4-27,4-28,4-29, 4- PVO .1-7 31,4-32,4-33,4-34,4-35, 4-36,4-38,4-39,4-40, 4-41,s-4,s-7,s-9, 5-12,s-13, 5-14, 5-15, 5-16, 5- 17,s-18,s-21,s-24,525, 5-26,6-12.6-14,6-15, 7-3, 8-9, 8-13, 8-14, 1 Standing Operating Procedure - 4-16,4-18,4-20,5- RAMP. 8-14 10,8-13 RC 4-33,435, 5-7,5-25 STARC .2-6,2-18, 5-7 RDL .X, 1-9,2-13,2-19,3-13,4-26,4-27,4-28,4-38, State Area Command x, 2-6 5-13,s-14,5-17,6-16 Status of Forces . vi, 5-6, 1, 6-9, 6- 11 Rear CP .3-2 Status of Forces Agreement .6-9 Recovery Operations .v, 1, 6-9 Status of Forces Agreements - 5-6 Regional Support Commands - 2-10,2-18,5-7 Strikes .v, 1,6-9 Reserve Component - 433,435, 5-7,s-25 Sustainrnent .v, vii, 4-27, 1, 5-4,s-5 ROE .vi, 2- 16,3-2,3-3,4-15, 5-5,5- 11, 5-12,5- 18, 1,6-3,6-5,6-9,6-10,6-11, 6-12,6-13, 6-14, 6-15, 6-16,7-6,7-12, 1,8-2,8-3, 8-4,8-5,8-6,8-7, 8-8, 8-9,8-10,8-11,8-12,8-13,8-14,8-15 RSC 2-18 TAACOM 3-6, 3-10,4-23,4-24,s-13, 5-14 Rucksack Deployable Law Office and Library .x, 1-9, TAC CP 3-2,4-27,s-10,5- 11,5-12,5- 18, 5-23 2-13,2-19,3-13,4-26.4-27,4-28,4-38,s-13,5- TACON .4-8 14,5-17.6-16 Tactical Control. 4-8 Rules of Engagement. vi2-16,3-2,3-3,4-15,s-5,5- Tailoring .iii, 2- 1, 2- 19 11,5-12,5-18, 1,6-3,6-5,6-9,6-10, 6-11,6-12,6- TAJAG * 2-3 13,6-14,6-15,6-16,7-6,7-12, 1,8-2,8-3,8-4,8- Targeting. 3-2,4-5,4-41,5-12 5, 8-6,8-7,8-8,8-9, 8-10, 8-ll,8-12, 8-13, 8-14, TDS .2-3, 2-5,2-9, 3-4, 5-15 8- 15 Technical Channel .iv, 1,4-24 Terrorism. v, vi, 1,6-7,7-13 The Assistant Judge Advocate General 2-3 The Judge Advocate General's School 2-1,2-5,2-6, 2-16,2-18,2-19,4-25,4-28,4-36.7-3 SECDEF .4-4,4-5,4-7, 7-4,7-10, 7-1 1, 7-12 Theater .iv, v, vi, ix, 3-6, 3-9, 3-10, 3-12,3-14, 1,4-5, Secretary of Defense -4-4,4-5,4-7,7-4,7-10,7-11, 4-6, 4-23,4-24, 1,s-9, 6-5, 7-1, 8-2 7-12 TJAG .i, iii, vii, 2-1,2-3,2-5, 2-6,2-7,2-10, 2-20, 3- Secretary of the Army. 2-1,2-2,3-12,4-7,5-5,7-4 3, 3-12, 4-21 Service .iii, v, viii, x, 1-1, 1-2,3, 1-9,2-1,2-2, 2-3, 2- TJAGSA . 2-1,2-5,2-6,2-16,2-18,2-19,4-25,4-28, 5, 2-7,2-8,2-9, 2-12,3-4, 3-12,4-18,4-23,4-24, 4-36, 7-3 4-29,4-40, 1,s-4,s-6.5-9,5-13,5-15,6-9 Training. iv, vi, ix, 2-6, 2-7,3-2, 3-12, 1,4-25,4-28, Show of Force .v, 1,6-9 4-30,4-31,4-35,5-25,s-26,6-8,6-13,6-15,6-16, SJA. i, iii, iv, ix, 1-$2-1, 2-3.2-6, 2-9,2-10, 2-11,2- 7-3, 1 12,2-13,2-14,2-15,2-16,2-19,2-20,3-3,3-4,3- Trial Defense Service ~2-3,2-5,2-9,3-4,5- 15 5, 3-6, 3-7,3-9,3-10,3-12,3-15, 1,4-20,4-21,4- Trial Judiciary. 2-1,2-4,2-7,2-9, 3-4,s-14 23,4-25,4-26,4-27, 4-28,4-29,4-31,4-32,4-33, TSC .3-6,3-10,4-23,4-24,s-13,s-14 4-34,4-35,4-36.4-38,4-39,4-40,4-41,5-4,5-11, 5-9,5-12, 5-13,5-14, 5-15.5-16,5-17, 5-18,5-21, Legal Support to Operations

U US Army Legal Services Agency. 2-1,2-3,4,2-4, 2- 9,2-16,2-18,3-10,5-9 USAR 2- 18,5-6 Unified Command Plan - 4-4 Uniform Code of Military Justice . 1-4, 2- 1,2-4,2-9, 2-11, 3-3,4-29,4-33, 5-8 W United Nations .2-15,6-6,6-10.6-12, 8-12 US Army Claims Service 2-1,2-5,2-18,3-12,3-13 War Powers Resolution. 5-9 Weapons of Mass Destruction .7-13 Legal Support to Operations

Endnotes

'In this manual, "operations" include war and MOOTW, but not garrison operations. See DEP'TOF ARMY, FTELD MANUAL 100-5, OPERATIONSat v (1993). 3 See generally MAJORPAUL H. HERBERT,COMBATSTUDIESINS^, LEAVENWORTHPAPERNO. 16, DECIDINGWHATHAS TO BE DONE:GENERAL WILLIAM E. DEPUY AND THE 1976 EDITION OF FM 100-5, OPERATIONS3-9 (1988) (describing the function of doctrine in an army and charting the modem practice of publishing doctrine in manuals). 4 TIMOTHY T. LWFER, COMBATSTUDIES INSTTTUTE, LEAVENWORTHPAPER NO. 4, THE DYNAMICS OF DOCTRINE: THE CHANGESIN GERMANTACTICAL DOCTRINE DURING ?'HE FIRST WORLD W.4R 55 ( !981). KNOWLEDGE AND SPEED:BA'ITLE FORCEAND THE U.S. ARMY OF 2025, THE 1998 ANNUAL REPORTON THE ARMY AFTER NEXTPROJECTTO THE CHIEFOF STAFFOF THE ARMY, Headquarters, U.S. Army Training and Docbrine Command, (7 December 1998). Major General Walter B. Huffman, Address at the Judge Advocate General's Corps World Wide Continuing Legal Education Plenary Session (October 1997).

THE ARMY LAWYER: A HISTORY OF THE JUDGE ADVOCATE GENERAL'SCORPS, 1775-1975, 12-13 (1975). 417 U.S. 733,742 (1974) (quoting United States ex re]. Toth v. Quarles, 350 U.S. 11, 17 (1955), Orloff v. Willoughby, 345 U.S. 83,93 (1953), and Burns v. Wilson, 346 U.S. 137, 140 (1953)). DEP'TOF ARMY, ARMY VISION2010,2. Represented by the acronym LDRSHIP. lo DEP'TOF ARMY, FIELDMANUAL 100-5, OPERA~NS(June 1993). l1 See THEARMY LAWYER:A HISTORYOF THE JUDGEADVOCATE GENERAL'SCORPS, 1775-1975,105 (1975). l2 LTC Michelle M. Miller, Former Task Force Eagle Staff Judge Advocate, 1998-1999. 13 See, e.g., AMERICANBAR ASS'N, CODEOF JUDICIALCONDUCT at Canons 1 to 7 (1972). 14 See DEP'TOF ARMY, REG. 27-26, RULES OF PROFESSIONAL CONDUCTFOR LAWYERSat Rules 3.1 to 4.4 (1 May 1992). 15 CHAIRMANOF THE JOINT CHIEFSOF STAFF,JOINT VISION2010,8. l6 CHAIRMANOF THE JOINT CHIEFS OF STAFF,NATIONAL MILITARYSTRATEGY OF THE USA, Executive Summary, The Strategy, Elements of Strategy, Responding to the Full Spectrum of Crises (1997). l7 DEPARTMENTOF THE ARMY, ARMY VISION2010,5. l8 See DEPARTMENTOF THE ARMY, ONE TEAM - ONE FIGHT - ONE FUTURE, 8; Search of Requirements Document System, Department of the Amy (21 Sep 1999). THE WHITEHOUSE, A NATIONALS ESTRATEGY~ FOR A NEWCENTURY, 7 (October 1998).

20 See CHAIRMANOF THE JOINT CHIEFSOF STAFF, NATIONALMILITARY STRATEGY OF THE USA, EXECUTIVE SUMMARY,Executive Summary, The Strategy, National Military Objectives (1997).

21 See DEPARTMENTOF THE ARMY, ARMY VISION2010,8,9

22 See CHAIRMANOF THE JOINT CHIEFSOF STAFF, NATIONAL MILFARYSTRATEGY OF THE USA, The Joint Force, Characteristics of a Full Spectrum Force (1997); CHAIRMANOF THE JOINTCHIEFS OF STAFF,JOINT VISION2010, 9.

23 CHAIRMANOF THE JOINTCHIEFSOF STAFF,NATIONAL MILITARY STRATEGY OF THE USA, The Joint Force, Characteristics of a Full Spectrum Force, Interoperable (1997). 25 See CHAIRMANOF THE JOINTCHEFS OF STAFF,NATIONAL MILITARY STRATEGYOF THE USA, Executive Summary, The Strategic Environment - Opportunities and Challenges (1997).

26 TIIE WHITEHOUSE, A NATIONALSEC~~ STRATEGYFOR A NEWCENTURY, 13 (October 1998).

27 See THE WHITE HOUSE, A NATIONAL SECW STRATEGYFOR A NEW CENTJRY,14-22 (October 1998).

"THE WHITEHOUSE, A NATIONALSE~Y STRATEGY FOR A NEWCENTCTRY, 22 (October 1998).

25' CHAIRMANOF THE JOINTCHIEFS OF STAFF,JOINT VISION20 10,31.

30 DEPARTMENTOF THE ARMY,ONETEAM- ONE FIGHT - ONE FUTURE, 13.

31 CHAIRMANOF THE JOINTCHEFS OF STAFF,JOINT VISION2010, 11. 32 See CHAIRMANOF rn JOINTCHIEFSOF STAFF,JOINT VISION 2010, 13- 15.

33 See DEP'TOF ARMY, REGULATION27-3, LEGALASSISTANCE, Paragraph 2-3 - Legal Assistance Offices (10 March 1989).

34 See THE WH~IEHOUSE, A NATIONAL SEC~STRATEGY FOR A NEW CENTURY,2 (October 1998).

35 THE WHITEHOUSE, A NATIONALSEC~ STRATEGY FOR A NEWCENTURY, 13 (October 1998).

36 See DEP'TOF ARMY,REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES.Paragraph 2-1 - The Judge Advocate General (3 February 1995).

37 See DEP'TOF ARMY. REGLTATION27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2-2 -The Assistant Judge Advocate General (TAJAG) (3 February 1995).

38 See DEP'TOF ARMY,REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2-3 - The Assistant Judge Advocate General for Civil Law and Litigation (AJAGICLL) (3 February 1995).

39 See DEP'TOF ARMY, REGULATION 27-1, JUDGE ADVOCATELEGAL SERVICES,Paragraph 2-4 - The Assistant Judge Advocate General for Military Law and Operations (AJAGIMLO) (3 February 1995).

40 See 10 U.S.C. section 806b; Dep't of Army, Field Manual 101-5, Staff Organization and Operations at 2-3 & 4-32 (31 May 1997).

41 Dep't of Army, Field Manual 101-5, Staff Organization and Operations at 2-3 & 4-32 (31 May 1997). 42 See 10 U.S.C. section 806b; Dep't of Army, Field Manual 101-5, Staff Organization and Operations at I- 3 (31 May 1997). 43 See DEP'TOF ARMY,REGULATION 27- 1, JUDGEADVOCATE LEGAL SERVICES,paragraph 5-2, Responsibilities of supervisory judge advocates (3 February 1995). 44 See Joint Chiefs of Staff, Joint Publication 0-2, Unified Action Armed Forces (UNAAF) (24 February 1995); Joint Chiefs of Staff, Joint Publication 1-04, Joint Tactics, Techniques, and Procedures for Legal Support of Military Operations (detailing the organization and responsibilities of joint and joint legal organizations) (to be published).

45 See, e.g., ARMY LAW.,August 1995, at 40-41 (describing the multinational headquarters and legal staff of the United Nations Miqsion in Haiti): and ~FNTF,RFOR T AW AND MTIJTARYOPE RAT TON^ TAW AND MILITARYOPERATIONS IN THE BALKANS, 1994-1998, at 210-2 13 (diagramming multinational legal organizations in IFOR and SFOR) (13 November 1998). 46 See, e.g., U.N. Charter art. 43-53; Army Law., August 1995, at 40-42; Center for Law and Military Operations, Law and Military Operations in Haiti, 1994-1995, at 16,45, & n.32 (1 1 December 1995); and Center for Law and Military Operations, Law and Military Operations in the Balkans, 1994-1995, at 43, & 209-213 (13 November 1998).

47 See DEP'T OF ARMY, REGULATION500-5, ARMY MOBILIZATION,ANNEX L, LEGALSERVICES (19 June 1998).

Endnotes- 2 Legal Support to Operations

48 DEP'TOF ARMY, REGULATION27- 1, JUDGEADVOCATE LEGAL SERVICES, Paragraph 2- 1v - Responsibilities for assignment and direction of members of the Judge Advocate General's Corps, and 3- 2b, Use of judge advocate officers (3 February 1995).

49 MANUALFORCOURTS-MARTIAL, United States (1995 edition), Part I (Preamble), Paragraph 3.

50 DEP'TOF ARMY, REGULATION27-10, MILITARY JUSTICE, Paragraph 1-4 - Responsibiiities (24 June 1996).

51 See 10 U.S.C. A. section 806b (West 1998). 52 See 10 U.S.C. A. section 806,834, and 860 (West 1998); DEP'TOF ARMY, REGULATION27-10, MILITARY JUSTICE, Paragraph 3-3 - Action by the superior authority (24 June 1996).

53 See DEP'TOF ARMY,REGULATION27-10, MIL~ARYJUSTICE, Chapter 5 - Procedures for Courts-Martial; Paragraph 18-6 - General; and Paragraph 19-7 - Course development and Instruction (24 June 1996).

54 DEP7TOF ARMY, REGULATION27-10, MILITARY JUSTICE,Paragraph 6-3 - Organization (24 June 1996).

55 See DEP'TOF ARMY,REGULATION27-10, MIL~ARYJUSTICE, Paragraph 8-ld -Chief Trial Judge; Paragraph 8-6 - Detailing of military judges; Paragraph 8-8 - Rules of court; Paragraph 9-4 --Supervision of military magistrates (24 June 1996). 56 See DEP'TOF ARMY,REGULATION 27-10, MILITARYJUSTICE, Paragraph 8-4 - Functions and duties of military judges (24 June 1996).

57 See DEP'TOF ARMY,REGULATION27-10, MILITARYJUSTICE, Paragraph 9-3 - Powers of military magistrates (24 June 1996).

58 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATES ARMY, OPERATIONALLAW HANDBOOK, Chapter 20 (1998); CENTERFOR LAW AND MILITARYOPERATIONS,LAW AND MILITARYOPERATIONS IN THE BALKANS1995-1998, at 170-181 (1998).

59 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONAL LAWHANDBOOK 20-1 through 20-3 (1998); CENTERFOR LAWAND MILITARYOPERATIONS,LAW AND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 170-173 (1998).

See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK20-2 (1998); CENTERFOR LAWAND MILITARY OPERATIONS,LAW AND MILITARYOPERATIONS IN THE BALKANS1995-1998, at 173-174 (1998). 61 See CENTERFOR LAW AND MILITARYOPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 173-174 (1998).

62 See CENTERFOR LAWAND MILITARYOPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 178 (1998).

63 See DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2-1 g - International and Operational Law responsibilities (3 February 1995). See DEP'T OF ARMY,REGULATION27- 1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2- 1g - International and Operational Law responsibilities (describing TJAG's international law responsibilities); Paragraph 5-2a - Responsibilities of supervisory judge advocates (stating in subparagraph a - General, that "the supervisory JA has responsibilities generally corresponding to those discharged by TJAG with relation to HQDA," and describing in subparagraph a(7) the international law responsibilities of the supervisory JA) (3 February 1995); DEP'TOFARMY, FIELDMANUAL27-100, LEGAL OPERATIONS, Paragraph 1-9e -International Law (3 September 1991); INTERNATIONALAND OPERATIONALLAW DEPARTMENT,THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITED STATES ARMY, OPERATIONALLAW HANDBOOK 2-1 (1998); CENTERFOR LAW AND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 76 (1998). 65 See CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 79 (1998). 66 See CENTERFOR LAWAND MILITARYOPERATIONS, LAWAND MIL~TARYOPERATIONS IN THE BALKANS 1995-1998, at 121 (1998).

67 See DEP'T OF ARMY REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2-1 -The Judge Advocate General, subparagraph e (3 February 1995). See DEP'TOF ARMY REGULATION 27-1, JUDGEADVOCATELEGALSERVICES,Paragraph 2-1 -The Judge Advocate General, Paragraph 2-12 - Ethics responsibilities, and Paragraph 5-2 -Responsibilities of supervisory judge advocates (3 February 1995).

69 See CENTERFOR LAW AND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 184 (13 November 1998).

70 See CENTERFOR LAWAND MILITARYOPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 182 (concerning family care plans) (1 3 November 1998).

7' See CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARYOPERA'IIONS IN THE BALKANS, 1995-1998, Page 185 (concerning foreign gifts) (13 November 1998).

72 See CENTERFOR LAWAND MILITARY OPERATIONS, LAWAND MILITARYOPERATIONS IN'THE BALKANS, 1995-1998, Page 185-6 (13 November 1998).

73 See CENTERFOR LAW AND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 186 (13 November 1998).

74 See DEP'TOF ARMY REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2-1 -The Judge Advocate General, subparagraphs h, i, k, m, n, o, and w, (describing patents, copyrights, inventions, trade secrets, procurement fraud, trademarks, and regulatory law, in addition to contract, fiscal, and environmental law) and Paragraph 5-2 - Responsibilities of supervisory judge advocates (3 February 1995).

75 See DEP'TOF ARMY,REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 5-2a(3)(a) - Contracts (stating that the supervisoryjudge advocate's contract law responsibilities include "acquisition planning, contract formation, bid protests, contract performance, contract dispute litigation, fiscal law, procurement fraud and oversight of procurement fraud programs, taxation, government furnished property (GFP), labor standard compliance, real property, non-appropriated funds (NAFs), commercial activities and bankruptcy.") (3February 1995); OFFICE OF THEJUDGE ADVOCATE GENERAL, DEP'TOF ARMY,LEGAL SERVICESSTUDYREPORT,Volume I1 - Subcommittee Reports, Section C - Contract and Fiscal Law, Paragraph 6 - Functional Tasks (March 1998).

76 See DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 15-4 - Principles of contract law practice (3 February 1995). 77 See DEP'TOF ARMY,REGULATION 200- 1, ENVIRONMENTALPROTECTION AND ENHANCEMENT, Glossary (citing the elements of the environment) (21 February 1997).

78 See DEP'TOF ARMY REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2- 1 -The Judge Advocate General, subparagraph w, and Paragraph 5-2 - Responsibilities of supervisory judge advocates (3 February i 995); DEP'TOF ARMY, REGULATION 200-1, ENVIRONMENTALPROTECTION AND ENHANCEMENT,Paragraph 1.17 -The Judge Advocate General (21 February 1997).

79 See, e.g., DEP'T OF ARMY, REGULATION 27-1, JUDGEADVOCATELEGALSERVICES,Paragraph 15-1 - General (stating, "it is important that commanders and their contracting officers receive the best possible legal support in planning, executing, and administering these contracts, from definition of the requirement through contract close-out, including disputes and contract litigation.") (3 February 1995).

Endnotes- 4 Legal Support to Operations

See INTERNATIONAL AND OPERATIONALLAW DEPARTMENT,THEJUDGEADVOCATE GENERAL'SSCHOOL, UNITED STATESARMY, OPERATIONALLAW HANDBOOK, Page 14-10 (1998) (citing DEP'TOF DEFENSE, JOINT PUEi. 4-04, JOINTDOCTRINE FOR CIVIL ENGINEERINGSUPPORT, 11-8 (26 September 1995)).

81 See CENTERFOR LAWAND MILITARY OPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 168 (1998). 82 See CENTERFOR LAWAND MILITARY OPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 53 and 142-154 (1998).

83 See CENTERFOR LAW AND MILITARY OPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS 1995-1998, at 143-144 (1998). See, e.g., DEP'TOF ARMY,REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 15-5a - Disputes support (3 February 1995). 85 DEP'TOF ARMY, REGULATION 27-20, CLAIMS,Paragraph 1-1 - Purpose (quoted language relating to the purpose of the Army Claims System) (31 December 1997); see also OFFICEOF THEJUDGEADVOCATE GENERAL,DEP'TOF ARMY, LEGAL SERVICESSTUDYREPORT, Volume I1 - Subcommittee Reports, Section B -Claims, General Description of Function, subparagraph a (March 1998); DEP'TOF ARMY, FIELD MANUAL27-100, LEGAL OPERATIONS,Paragraph 1-9b -Claims (3 September 1991).

86 See INTERNATIONALAND OPERATIONAL LAW DEPARTMENT,THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITED STATESARMY, OPERATIONAL LAWHANDBOOK, Page 23- 1 (1998). 87 See OFFICEOF THEJUDGE ADVOCATE GENERAL,DEP'TOF ARMY, LEGAL SERVICESSTUDY REPORT, Volume I1 - Subcommittee Reports, Section B - Claims, General Description of Function, subparagraph b (March 1998).

88 See DEP'TOF ARMY,REGULATION27-20, CLAIMS,Paragraph 1-5 - Command and organizational relationships (31 December 1997).

89 See DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGALSERVICES, Paragraph 2-lj - Claims responsibilities (3 February 1995); DEP'TOF ARMY, REGULATION 27-20, CLAIMS, Paragraph 1-5 - Command and organizational relationships (31 December 1997).

90 See DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGAL SERVICES, Paragraph 2-lj - Claims responsibilities (3 February 1995); DEP'TOF ARMY, REGULATION 27-20, CLAIMS, Paragraph 1-9 - The Commander, USARCS (31 December 1997).

91 See DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGAL SERVICES, Paragraph 5-2 - Responsibilities of supervisory judge advocates (3 February 1995); DEP'TOF ARMY, REGULATION 27-20, CLAIMS,Paragraph 1-17 - Operations of claims components (31 December 1997).

92 See DEP'TOF ARMY,REGULATION 27-20, CLAIMS, Paragraph 1-17 - Operations of claims components (31 December 1997).

93 See DEP'TOF ARMY,REGULATION 27-20, CLAIMS, Paragraph 1-17 - Operations of claims components (31 December 1997).

94 See OFFICE OF THE JUDGEADVOCATE GENERAL,DEP'T OF ARMY, LEGALSERVICES STUDY REPORT, Volume I1 - Subcommittee Reports, Section B - Claims, Environment in Which Services Are Performed, subparagraph a (March 1998). 95 See DEP'TOF ARMY,REGULATION27-20, CLAIMS, Paragraph 2-2d(l)(a) (31 December 1997); DEP'TOF ARMY, PAMPHLET27-162, CLAIMS, Paragraph 2-2c(4) - Unit Claims Oficers, and Paragraph 2-34a - Unit Claims Officer (1 April 1998); INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATES ARMY, OPERATIONAL LAWHANDBOOK, Page 23-6,18 (1998). 96 See INTERNATIONALAND OPERATIONALLAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'S SCHOOL, UNKED STATESARMY, OPERATIONAL LAWHANDBOOK, Page 23-19 (1998).

97 See INTERNATIONALAND OPERAIIONALLAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'S SCHOOL, UNITED STATES ARMY, OPERATIONAL LAWHANDBOOK, Pages 23-4,7, & 20 (1998); CENTERFOR LAWAND MILITARY OPERATIONS,LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Pages 154-5,9 (describing the effect of international agreements concerning Bosnia on the investigation, processing, and adjudication of claims during Operation Joint Endeavor), and Page 162 (recommending establishment of policy concerning what property will be deemed reasonable to possess in theater for purposes of the Personnel Claims Act) (13 November 1998).

98 See INTERNATIONALAND OPERATIONALLAW DEPARTMENT, THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, Page 223-6,18 (1998).

99 See INTERNATIONALAND OPERATIONALLAW DEPARTMENT, THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITED STATESARMY, OPERATIONALLAW HANDBOOK, Page 23- 19 (1998). loo See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT, THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, Page 23-19,20 (1998). 101 See CENTERFOR LAW AND MILITARYOPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 161 (13 November 1998). lo2See INTERNATIONALAND OPERATIONALLAW DEPARTMENT, THE JUDGEADVOCATE GENERAL'S SCHOOL, UN~DSTATES ARMY, OPERATIONAL LAWHANDBOOK, Page 23-18 through 20 (1998); CENTERFOR LAW AND MILITARYOPERATIONS, LAW AND MILMY OPERATIONSIN THE BALKANS,1995-1998, Page 158 (13 November 1998).

'03 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITED STATES ARMY, OPERATIONALLAW HANDBOOK, Page 23-8 (1998); CENTERFOR LAW AND MILITARY OPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 157-8 (13 November 1998). lo4 CENTERFOR LAWAND MILITARYOPERATIONS, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995- 1998, Page 181 (quoting CPT Nicole Farmer, Chief of Legal Assistance, 1" Armored Division Fwd) (13 November 1998). lo5See 10 U.S.C.A. section 1044 (West 1998).

'06 DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGAL SERVICES, Paragraph 2- 11 - Legal assistance responsibilities (3 February 1995); see also DEP'TOF ARMY,REGULATION27-3, ARMYLEGAL ASSISTANCEPROGRAM,Paragraph 2- 1a - General (10 September 1995). lo7INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITEDSTATES ARMY, OPERATIONAL LAWHANDBOOK, Page 22- l(1998). lo8 See DEP'TOF ARMY,REGULATION27-3, ARMY LEGALASSISTANCE PROGRAM, Paragraph 3-2 -Types of legal assistance services (10 September 1995). lo9See DEP'TOF ARMY, REGULATION 27-3, ARMY LEGAL ASSISTANCE PROGRAM. Paragraph 3-7 - Types of services (10 September 1995).

"O See DEP'TOF ARMY, REGULATION 27-3, ARMY LEGAL ASSISTANCE PROGRAM, Paragraph 3-6 - Types of cases (10 September 1995). l'' See CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 181 (13 November 1998). See DEP'TOF ARMY,REGULATION27-3, ARMY LEGALASSISTANCEPROGRAM, Paragraph 3-3 - General, and Paragraph 3-4 - Preventiv~law measures (10 September 1995).

Endnotes- 6 Legal Support to Operations

'I3 See DEP'TOF ARMY,REGULATION 27-3, ARMY LEGAL ASSISTANCEPROGRAM, Paragraph 2-1 b(1) - Readiness (10 September 1995). 114 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAWHANDBOOK, Pages 13-3 and 13-10 (1998).

'I5 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, TI-E JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATES'ARMY, OPERATIONALLAW HANDBOOK, Pages 22- 1 through 22-8 (1998).

l6 See CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARY OPERATIONS M THE BALKANS, 1995-1998, Page 183 (13 November 1998). ' See DEP'TOF ARMY,REGULATION 27-3, ARMY LEGAL ASSISTANCE PROGRAM, raragrapn 1-4c - (lU September 1995); see CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARY OPERATIONS IN THE BALKANS, 2995-1998, Page 181 (noting Trial Defense Counsel support for legal assistance) (13 November 1998).

'I8 See CENTERFOR LAWAND MILITARYOPERATIONS,LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, Page 183 (noting an extensive tax program despite the availability of filing extensions) (13 November 1998).

'I9 See INTERNATIONAL AND OPERATIONALLAW DEPARTMENT,THE JUDGE ADVOCATEGENERAL'S SCHOOL, UNITED STATESARMY, OPERATIONAL LAW HANDBOOK, Page 22-9 (1998).

lZ0 See INTERNATIONAL AND OPERATIONALLAW DEPARTMENT, THE JUDGE ADVOCATEGENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONAL LAWHANDBOOK, Page 22-9 (1998). 121 Daniel K. Bolger, Savage Peace: Americans At War In The 1990s 92 (1995). Lieutenant Colonel David E. Graham, Operational Law (OPLAW):A Concept Comes of Age, Army L., Jul. 1987, at 9. lZ3Unless otherwise noted, the terms used in this chapter are defined at various places in the following references. DEP'TOF DEFENSE, JOINT PUB. 1-02., DEP'TOF DEFENSEDICTIONARY OF MILITARY AND ASSOCIATED TERMS (1 Dec. 1989) [hereinafter JOINT PUB. 1-02]; DEP'TOF DEFENSE, JONT PUB. 3-0, DOCTRWEFORJOINT OPERATIONS (1 Feb. 1995) [hereinafter JOINTPUB. 3-01; DEP'TOF ARMY,FIELD MANUAL 100-7, DECISIVEFORCE: THE ARMY IN THEATEROPERATIONS (1995). There are frequently minor differences in the definitions cited, and the decision to side with one definition or another has been made based on factors such as specificity of context and currency of the publication or definition. See generally FM 100-7, Chapter 1, supra note 123. 125 The dominant geographic characteristic of a littoral theater is a peninsula or coastline. See FM100-7, supra note 123, at 2-18; 90mT PUB. 3-0, supm note 3>at IV-17. 126 See FM 100-7, supra note 123, at v. lZ7See generally FM 100-7, Chapter 2, supra note 123. See JOINTPUB.1-02,supra note 123, at 89. The 1991 version of FM 27-100 discussed the COMMZ and the CZ in Chapter 5. See DEP'TOF ARMY,FlELD MANUAL 27-100, LEGAL OPERATIONS (1991) [hereinafter FM 27- 1001. JOINTPUB 1-02, DEP'TOF DEFENSEDICTIONARY OF MILITARY AND ASSOCIATEDTERMS at 117 (23 March 1994, as amended through 6 April 1999). See FM 100-7, supra note 123, at 2-21. This essential distinction appears in Chapter 7 of the May 1996 Draft FM27-100. See THE JUDGE ADVOCATEGENERAL'SSCHOOL, DEVELOPMENTS, DOCTRINE,AND LITERATUREDEPARTMENT, FIELD MANUAL 27-100, LEGALSUPPORTOPERATIONS 7-2 (May 1996) (Draft) [hereinafter MAY1996 DRAFT].

13' This summary is adapted from FM 100-7, supra note 123, at 2-3. 133 See discussion of the METT-TC factors in FM 100-7, Chapter 3 supra note 123.

134 See generally DEP'TOF DEFENSE,JOINT PUB. 0-2, UNIFIEDACTION ARMED FORCES (24 February 1995).

'35 JOINTPUB 1-02, DEP'TOF DEFENSEDICTIONARY OF MILITARYAND ASSOCIATEDTERMS at 86 (23 March 1994, as amended through 6 April 1999).

136 Since the 1950s, Presidents have declared what is now enshrined as law in 22 U.S.C. 8 3927, namely that the Ambassador is in charge of all elements in the United States Government in a host country (excluding military forces under command of a United States military commander, such as military units in Korea and Germany). Some Ambassadors invoke this principle more aggressively than others, but almost all utilize the management device of the "country team." The country team, with the Chief of Mission at its head, is the principal means by which a mission bonds itself together as a cooperative, coordinated, well- informed staff: In its broadest sense, the "team" is all the elements-and all the men and women-of the American mission in a foreign country. More narrowly, it is a management tool-a council of senior officers, heads of the various sections of the mission, working together under the Ambassador's direction to pool their skills, resources, and problems in the national interest. United States Foreign Service Institute, The Team: The Ambassador Sets the Pace 1 (undated 3 page information paper widely disnibuted to individuals receiving Foreign Service training). No formal directive delineates the composition or functions of the Country Team. The Ambassador determines the type of team that best suits the needs of a particular country. Typical membership at large posts includes the Deputy Chief of the Diplomatic Mission, the chiefs of the political and economic sections of the embassy, the Security Assistance Offlcer, the Agency for International Development mission, and the United States Information Service (USIS). It also usually includes one or more of the military attaches and the agricultural attache. See generally DEFENSEINSIITIZTTEOF SE ASSISTANCE~ MANAGEMENT, THE MANAGEMENTOF SE ~ ASSISTANCE105-06 (18th ed., 1998) [hereinafter Management Of Security Assistance]; DEP'TOF ARMY, FIELDMANUAL100-20, MILITARYOPERATIONS IN LOW INTENSITYCO~ICT (5 Dec. 1990).

'37 A simplistic view of the cycle conceives a circle consisting of four iterative stages: information; planning; decision; and execution. SEEUNmD STATESARMY COMMANDAND GENERALSTAFF COLLEGE, STUDENTTEXT 100-9, THETACTICAL DECISION-MAKING PROCESSat 1-1 (July 1993) [hereinafter ST 100- 91.

13* A course of action is defined as feasible if it will accomplish the mission, can be supported with available resources, and is consistent with ethical standards of warfare.

13' See FM 101-5, DEP'TOF ARMY, FIELD MANUAL 101-5, STAFFORGANIZATION AND OPERATIONS, H-33 and H-34 (1997). 140 See ST 100-9, supra note 137, at 1-3 to 1-5. 141 See FM 101-5,supra note 139, at 5-27 to 5-28.

142 See FM 101-5,supra note 139, at 5-5. 143 See FM 101-5, supra note 139, at 5-7 to 5-8. 144 See, e.g., OFFICE OF THE STAFFJUDGE ADVOCATE, 82~AIRBORNEDIV.,SOLDIER'S HANDBOOK AND OFFICE METL (13 June 1997); CHIEF, INTERNATIONALAND OPERATIONAL LAW, V CORPS, DEPLOYMENT STANDINGOPERATING PROCEDURE (1989); OFFICE OF THE STAFFJUDGE ADVOCATE, 25T~INFANTRY DMSION(LIGHT), DEPLOYMENT STANDINGOPERATING PROCEDUREAND OPERATIONALLAWHANDBOOK (1987); OFFICE OF THE STAFFJUDGE ADVOCATE, ~O~STAIRBORNEDMSION (AIR ASSAULT),DEPLOYMENT STANDARDSAND PROCEDURES:A HANDBOOKTO GUIDETHE TRANSITIONTO WAR(17 Sept. 1992); OFFICE OF THE STAFFJUDGE ADVOCATE, 1ST CAVALRYDMSION, DEPLOYMENT HANDBOOK (1993).

145 22 10 U.S.C. 8 3062. 146 This summary is adapted from FM 100-7, supra note 123, at 6-15, and DEP'TOF ARMY, FIELDMANUAL 100-11, FORCEINTEGRATION, CHAPTER 2, SECTIONIV, Force Projection Operations (15 Jan. 1995).

Endnotes- 8 Legal Support to Operations

147 See genrnlly DEP'TOF ARMY,REG. 500-5, ARMY MOBILIZATION(7 June 1996). See also DEP'TOF ARMY, FIELD MANUAL 100-17, MOBILIZATION,DEPLOYMENT, REDEPLOYMENT, DEMOBILIZATION (28 Oct. 1992).

14' Variations of this statement appeared in Chapter 6 of both the 1991 version and the 1996 draft version of FM 27-100.

14' See DEP'TOF ARMY, FIELD MANUAL101-5, STAFFORGANIZATION AND OPERATIONS at 1-2 and 1-3 (1997).

150 See id; DEP'TOF ARMY, REG. 600-20, ARMY COMMANDPOLICY, para. 2-2 (29 Apr. 1988) [hereinafter AR 600-201.

15' For further information on the material in this section, see generally CENTERFORLAW AND MILITARY OPERATIONS,THE JUDGE ADVOCATE WARFIGHTING EXPERIMENT(JAWE): FINALREPORT (1997). 152 Compare material in this part to DEP'TOF ARMY, FIELDMANUAL 27-100, Training the Force, Chapter 6 (15 Nov. 1988). 153 Material in the next three sections has been adapted from the following sources: DEP'TOF ARMY, FIELD MANUAL 25-100, TRAINING THE FORCE (15 NOV.1988); DEP'TOF ARMY,HELD MANUAL 25-101, BAT~LE FOCUSED TRAINING(30 Sep. 1990); LIEUTENANTGENERAL ARTHUR S. COLLINS, JR., COMMONSENSE TRAINING (19??~~);CENTER FOR LAWAND MILITARYOPERATIONS, IN THE OPERATIONS CENTER:A JUDGE ADVOCATE'S GUIDETO THE BATTLECOMMAND TRAINING PROGRAM (1996); CENTERFOR LAWAND MILITARYOPERATIONS, TACKLINGTHE CONTINGENCYDEPLOYMENT: A JUDGEADVOCATE'S GUIDE TO THE JOINT READINESSTRAINING CENER (1996). 154 Do not confuse "combined" in this sense with the term "combined operation," which "involves the military forces of two or more nations acting together in common purpose." See, e.g., DEP'TOF ARMY, FIELDMANUAL 100-5, OPERA~ONS5-1 (1993) [hereinafter FM 100-51. The lines of command for combined task forces created pursuant to formal, stable alliance relationships between nations will generally follow principles predetermined by the alliance agreement. The lines of command for combined task forces arising from a temporary coalition follow no set principles and are negotiated on an ad hoc basis. See id. '" See to DEP'TOF ARMY, FIELDMANUAL27-100, Training the Force, at 2-4 (15 Nov. 1988). 156 See the discussion of the DSJA in THE JUDGEADVOCATE GENERAL'SSCHOOL, DEVELOPMENTS, DOCTRINE, AND LITERATURE DEPARTMENT,FIELD MANUAL 27-100, LEGAL SUPPORTOPERATIONS, Chapter 2 (May 1996) (Draft). lS7 See, e.g., Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), opened for signature Dec. 12, 1977, U.N. Doc. ,41321144, art. 82, reprinted in DEP'TOF ARMY, PAMPHLET27-1-1 [hereinafter DA PAM 27-1-1, PROTOCOLI], also reprinted in 16 I.L.M. 1391 ("The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces in this subject."). See BEP'TOF DEFENSE,DR. 5100.77, DOD LAWOF WAR PROGRAM(9 Dec. 1998); THEJOINT CHIEFS OF STAFF,CHAIRMANOF THE JOINTCHIEFS OF STAFFINSTRUCTION 58 10.0 1, IMPLEMENTATIONOF THE DoD LAWOF WARPROGRAM (12 Aug. 96); Memorandums, Joint Chiefs of Staff, MJCS 59-83 (1 June 1983) and MJCS 0124-88, (4 Aug. 1988);subject: Implementation of DoD Law of War Program; Message, 2920302 OCT84, FORSCOM, subject: Review of Operations Plans.

159 DEP'TOF ARMY,REG. 27-1, JUDGEADVOCATE LEGAL SERVICE,paras. 2-1,3-2,4-2,5-2a(7) (1995). 160 A list of thirteen of these references appears at INT'L AND OPERATIONAL L. DEP'T,THE JUDGE ADVOCATEGENERAL'S SCHOOL, UN~DSTATES ARMY, OPERATIONAL LAWHANDBOOK 1-2 (JA422) (7th ed. 1998) [hereinafter OP. LAW HANDBOOK]. 161 These training guidance documents ~lsofreqliently describe the following: Commander's training philosophy, mission esseiltial task list and associated battle tasks, combined arms training, major training events and exercises, leader training, individual training, mandatory training, standardization, training evaluarion and feedback, new equipment training and other force integration considerations, resource dlocation, and Eaining management. See FM 25-100, supra note 153, at 3-5 to 3-6.

162 Id. at 3-17.

'63 The material contained in this section is closely adapted from the following sources: FM 100-5, supra note 154 at 2-20; JOINTCHIEFS OF STAFF,PLTBLICATION 3-05, DOCTRINE FOR JOINTSPECIAL OPERATIONS (Oct. 1992); DEP'TOF ARMY, FIELD MANUAL33- 1, PSYCHOLOGICALOPERATIONS (Ju~.1987); JOINTCHIEFS OF STAFF,PUBLICATION 3-53, JOINT PSYCHOLOGICAL OPERATIONS DOCTRINE(Feb. 1987); DOCTRINE FOR JOINTSPECIALOPERATIONS (Oct. 1992); DEP'TOF ARMY, FIELD MANUAL41- 10, CIVILAFFAIRS OPERATIONS (1 1Jan. 1993); DEP'TOF ARMY, FIELD MANUAL 100-25, DOCWE FOR ARMY SPECIAL FORCES(12 Dec. 1991). 164 "Depth" is one of the five tenets of Army operations. It is "the extension of operations in time, space, resources, and purpose.". What is "most important" about depth is "that in any operation the Army must have the ability to gain information and influence operations throughout the depth of the battlefield." See genemlly FM 100-5, Chapter 3, .supm note 154. 165 Compare the material in this section with the 1991 Version of FM 27-100, DEP'TOF ARMY, FIELD MANUAL27- 100, LEGALOPERATIONS. 166 Compare the material in this section with the 1991 Version of FM 27-100, DEP'T OF ARMY, FIELD MANUAL27- 100, LEGALOPERATIONS.

167 DEP'TOF DEFENSE, DIR. 5100.77, DOD LAWOF WAR PROGRAM, paragraph 5.3.1 (9 Dec 98); CHAIRMAN OF THE JOINTCHIEFS OF STAFFINSTRUCTION, 5810.01, IMPLEMENTATION OF THE DOD LAWOF WAR PROGRAM(12 Aug 96). 168 Memorandum From Hays Parks to the U.S. Army Judge Advocate General (1 Oct 90).

16' DEP'TOF ARMY, FIELD MANUAL100-5, OPERATIONS,2-6 (June 1993). 170 Colonel Frederic L. Borch 111, Judge Advocates in Combat.

171 PETERPARET,NAPOLEON AND THE REVOLUTION IN WAR,IN MAKERSOF MODERNSTRATEGY FROM MACHUVELLITO THE NUCLEARAGE 123, 129, 136 (Peter Paret ed. 1986) [hereinafter Makers of Modem Strategy] ("In [Napolean's] hands all conflicts tended to become unlimited, because openly or by implication they threatened the continued independent existence of his antagonists.").

17' QUINCYWRIGHT, A STUDY OF WAR 1322 (1942).

'73 See, e.g., DEP'TOF ARMY,FIELDMAIWAL100-5, OPERATIONS,at 6-7 and 6-8 (June 1993). 174 This paragraph closely follows the language of General Fred Franks in TOM CLANCYAND GENERAL FREDFRANKS, JR. (RET.),INTO THE STORM:A STUDYIN COMMAND148 (1997). 175 PETERPARET, Clause~~it~, in MAKERS OF MODERNSTRATEGY, supra note 171, at 186,200 (quoting Carl vuuZI~USCWILL,GII-%a- bk. I, cii. I, PI).87 (i8i8) (Peter Paret ana Niichael Howard trans. and ed. 1984).

176 Id. at 199. See nlso RUSSELL F. WEIGLEY,American Strategyfrom its Beginnings through the First World War, in MAKERS OF MODERNSTRATEGY, supra note 17 1, at 408,409- 10 ("Just as the limitations of eighteenth-century European war can be exaggerated, however-testimony about the restrained conduct of troops marching through a district does not often come from inarticulate peasants-so conversely, historians may tend to exaggerate the readiness of early Americans to tun toward absolute war. Colonial American sermons and political tracts reflect an awareness and acceptance of the European conception of the just and therefore limited war, which was becoming increasingly codified in such works AS EMERICHDE VATTEL'SDROITDESGENS of 1758. On occasion, the standards of jus ad bellum andjus in bello were applied to even Indian wars, as when the Connecticut government refused to assist Massachusetts in an

Endnotes- 10 Legal Support to Operations

Indian conflict that Connecticut judged unjust. If it was much more common to consider the Indian outside the protection of the Christian laws of wx, the Americans nevertheless explicitly acknowledged those laws as applicable to their own conflicts with Europeans, even amid the violent emotions of the American Revolution.").

177See FM 100-5, DEP'TOFARMY,FIELD MANUAL 100-5, OPERATIONS,6-9 (June 1993).

178THEJOINT CHIEFSOF STAFF,JOINT PUBLICATION 1-02, DOD DICTIONARY OF MILITARYAND ASSOCIATED TERMS,452 (As amended through 29 June 1999).

179See DEP'TOF ARMY,STP 21-1-SMCT, SOLDIER'SMANUAL OF COMMONTASKS,SKILL LEVEL 1 546 (1 Gc;. :9S4) (Tzsk YJi;. 181-906-1505: ("Ccndnct Combat G~erztinns.According to the Law of War")

Ia0 See FM 100-5, DEP'TOFARMY, FIELDMANUAL 100-5, OPERATIONS,2-5 (June 1993).

18' See DEP'TOF ARMY,FIELDMANUAL 7 1- 100, DIVISIONOPERATIONS, at 3-5 (28 Aug. 1996).

18' 18' See DEP'TOFARMY,FIELD MANUAL6-20- 10, TACTICS,TECHNIQUES, AND PROCEDURES FOR THE TARGETING PROCESSat 4-16 (8 May 1996) ("During certain operations, personnel and agencies that will support the targeting process could include the following: staff judge advocate. . . ").

'83 See FM 71-100, DEP'TOF ARMY, FIELD MANUAL 71- 100, DMSIONOPERATIONS, at 3-13 and 3-14 (28 Aug. 1996). The final five paragraphs of this part of the chapter paraphrase observations made by BG John Altenburg, then Assistant Judge Advocate General for Military Law and Operations, "Training, Mentoring, and Teambuilding Within the Office of the Staff Judge Advocate," Presentation to the World-Wide Continuing Legal Education Conference, at The Judge Advocate General's School in Charlottesville, Virginia, in Oct. 1996. CENTERFOR LAW AND MILITARYOPERATIONS, THEJUDGE ADVOCATEGENERAL'S SCHOOL, U.S. LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995, 1-2 (1 1 December 1995) (footnotes omitted).

THE JOINTCHIEFS OF STAFF,JOINT PUB. 1-02, DEPARTMENTOF DEFENSEDICTIONARY OF MILITARYAND ASSOCIATED TERMS,300, (23 March 1994, as amended through 7 December 1998).

Ig7 THE JOINTCHIEFS OF STAFF, JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR,vii (16 June 1995). lS8 See THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONSOTHER THANWm, Chapter 111 (16 June 1995) (describing current joint doctrinal types of MOOTW); Compare with U.S. DEP'TOF ARMY, FIELD MANUAL 100-5, OPERATIONS,2-32 & 33 (Revised Final Draft of 23 March 1998) (describing emerging, but not approved Army doctrine that titles these operations Stability Operations and Support Operations).

189 See generally, e.g. THE JOINT CHIEFSOF STAFF,JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARY OPERATIONSOTHER THANWAR (16 June 1995); THE JOINTCHIEFS OF STAFF, JOINTPUB. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE(FID) (26 June 1996); THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM (17 March 1998); THE JOINTCHIEFSOF STAFF,JOINT PUB. 3-07.3, JOINTTACTICS TECHNIQUESAND PROCEDURES FOR PEACEOPERATIONS (12 February 1999); THEJOINT CHIEFS OF STAFF, JOINTF'UB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS (17 February 1998); THE JOINTCHIEFS OF STAFF, JOINTPUB.3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS(30 September 1997); U.S. DEP'TOF ARMY, FIELDMANUAL 100-5, OPERATIONS(14 June 1993) (pending revision); U.S. DEP'T OF ARMY, FIELD MANUAL 100-20, MILITARYOPERATIONS IN LOW IN TENS^ CONFLICT(5 December 1990) (pending revision); U.S. DEP'TOF ARMY, FlELD MANUAL100-23, PEACEOPERATIONS(30 December 1994) (pending revision); U.S. DEP'TOF ARMY, FIELDMANUAL 100-23- 1, HA MULTISERMCEPROCEDURES FOR HUMANITARIANASSISTANCE (31 October 1994). Ig0 THE WHITE HOUSE,A NATIONALSECURITY STRATEGY FOR A NEWCENTURY, 1 (October 1998).

lgl THE WHITE HOUSE,A NATIONALSECWUTY STRATEGY FOR A NEWCENTURY,1 (October 1998).

lg2 See generally THE WHITEHOUSE, A NATIONAL S ESTRATEGY~ FORA NEW CENTURY,1-14 (October 1998).

Ig3 THEWHITE HOUSE, A NATIONALSECURITY STRATEGYFOR A NEW CENTURY,2 (October 1998).

lg4 THE WHITEHOUSE, A NATIONALSECURITY STRATEGY FOR A NEWCENTURY, 7 (October 1998).

lg5 See, e.g., THE WHm HOUSE,A NATIONAL SECmSTRATEGY FOR A NEW CENTURY,8 (October 1998); THE JOINTCHIEFS OF STAFF, JOINTm.3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE(FID), 1-4 (26 June 1996); THEJOINT CHIEFS OF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM,III-2,3 (17 March 1998); THEJOINT CHIEFS OF STAFF, JOINTPUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, 1-8 (Figure 1-3) & IV-6 (17 February 1998); THEJON CHIEFS OF STAFF, JOINTPUB. 3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVA~ATION OPERATIONS, vii (30 September 1997).

lg6 CHAIRMANOF THE JOINTCHIEFS OF STAFF, NATIONAL MILITARY STRATEGY OF THE USA, Executive Summary, The Strategy, National Military Objectives (1997).

lg7 CHAIRMANOF THE JOINTCHIEFS OF STAFF,NATIONAL MILITARYSTRATEGY OF THE USA, Executive Summary, The Strategy, Elements of Strategy (1997).

Ig8 See CHAIRMANOF THE JOINTCHIEFS OF STAFF,NATIONAL MILRARY STRATEGY OF THE USA, The Strategy - Shape, Respond, Prepare Now, Elements of the Strategy: Shape, Respond, Prepare Now, Promoting Stability (1997).

lg9 See THEWHITE HOUSE,A NATIONALSECURITY STRATEGY FOR A NEW CENT~Y,15-18 (October 1998); THE JOINT CHIEFSOF STAFF, JOINTPUB. 3-07.2, RTP FOR ANTITERRORISM, 111-1,2 (17 March 1998); THE JOINTCHIEFSOF STAFF,JOINT PUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, I-2,3 (17 February 1998).

200 See JOINTCHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR,111-12 (16 June 1995).

'01 See CHAIRMANOF THE JOINTCHIEFS OF STAFF,NATIONAL MILITARY STRATEGY OF THE USA, The Strategy - Shape, Respond, Prepare Now, Elements of the Strategy: Shape, Respond, Prepare Now, Preventing or Reducing Conflicts and Threats (1997); THEJOINT CHIEFSOF STAFF,JOINT FWB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHERTHAN WAR, HI- 1,2 (16 June 1995).

202 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THANWAR, 111-11 (16 June 1995); see also Headquarters, Department of the Army, Joint Plan for DoD Non-combatant Repatriation (1 1 August 1999).

203 See THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07, JOINTDOCTRINE FOR MaITARY OPERATIONS OTHER THANWAR, 111-4 (16 June 1995).

204 See THEJOINTCHIEFS OF STAFF,JOINT m. 3-07, JOINTDOCTRINE FOR MILITMY OPERATIONS OTHER THANWAR,111-4 (16 June 1995).

205 U.S. DEP'TOF ARMY, FIELD MANUAL100-23, PEACEOPERATIONS (30 December 1994) (pending revision).

Endnotes- 12 Legal Support to Operations

"I6 THEJOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONSOTHER THAN WAR,1-2 (16 June 1995) (emphasis omitted).

207 See, e.g., CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY,LAWAND MILrrARY OPERATIONSIN H-m, 1994-1995, 12 (1 1 December 1995) (quoting the UN Security Council Resolution 940, authorizing member states "to form a multinational force . . .to use all necessary means to facilitate the departure from Haiti of the military leadership . . . the prompt return of the legitimately elected President . . . and to establish and maintain a secure,and stable environment . . . " S.C. Res. 940, U.N. SCOR, 49Ih Sess., S/RES/940 (1994)); CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,39-42 (13 November 1998) (describing the Dayton Peace Accord and UN Security Council Resolution 1031 applicable in the Balkans).

'Ox See, e.g., THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHERTHAN WAR, 1-2 (16 June 1995) (noting DoD's supportive role to DoS in Humanitarian Assistance); THEJOINT CHIEFSOF STAFF, JOINTm. 3-07.2, JTTP FOR ANTITERRORISM,111-2 (17 Mach 1998) (stating that DoS is the lead agency for terrorism outside the U.S.); THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07.4, JOINTCOUNTERDRUGOPERATIONS, 1-8 (Figure 1-3) (17 February 1998) (noting DoS as lead agency for coordinating US supply reduction strategies); THE JOINT CHIEFS OF STAFF,JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, 1-2 (30 September 1997) (noting that the Ambassador is the senior U.S. authority responsible for the evacuation).

'09 See THE JOINTCHIEFS OF STAFF, JOINTPUB. 3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE(FID), 111- 9,10 (26 June 1996) (noting as military planning considerations host nation sovereignty, the requirement to identify political threats, and the impact of political concerns on rules of engagement).

See THEJOINTCHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR,1-2 (16 June 1995).

'I1 THE JOINTCHIEFS OF STAFF,JOINT PUB.3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, 1-2 (16 June 1995).

'I2 See THEJOINTCHIEFS OF STAFF, JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR,1-2 (16 June 1995) ("A single act could cause significant military and political consequences . . .Restraint requires the careful balancing of the need for security, the conduct of operations, and the political objective.").

See THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, IV-9 (16 June 1995); see also CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATEGENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995,12-24 (11 December 1995) (describing the Multinational Force and UN Mission in Haiti); CENTERFOR LAWAND MILITARYOPERATIONS, THE J~GEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARY OPERATIONSIN THEBALKANS, 1995-1998,41-42 (13 November 1998) (describing the framework and composition of the Implementation Force in Bosnia).

2'4 See, e.g., CENTERFOR LAWAND MILITARY OPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY,LAW AND MILITARYOPERATIONS IN THEBALKANS, 1995-1998,58-61 (13 November 1998) (describing efforts to reconcile concerns between nations in the rules of engagement for the Implementation Force in Bosnia).

"5 See, e.g., THEJOINTCHIEFS OF STAFF,JOINT m.3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, IV-9 (16 June 1995); THE JOINTCHIEFS OF STAFF,JOINT Pm. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE (FID), 11-8 & App A (26 June 1996); THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.4, JOINTCOUNTERDRUGOPERATIONS, 1-8, IV-5, & App B (17 February 1998).

216 THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS 071IER THAN WAR, 1-6 (16 June 1995) (emphasis omitted); see also, THE JOlNT CHIEFSOF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNAL DEFENSE(FID), 1-5 to 1-14 (26 June 1996) (describing various types of MOOTW that may support foreign internal defense).

217 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, ix, x, 1-7, & I- 11 (16 June 1995).

See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONSIN HAITI, 1994-1995,12-24 (1 1 December 1995).

"9 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, IV-2 (16 June 1995).

"O See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, IV-6 & 7 (16 June 1995).

221 See THE JOINTCHIEFS OF STAFF, JOINTPUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, IV-11 (16 June 1995).

222 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE(FID), LU-7 (26 June 1996).

223 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM,VI-6 (17 March 1998); THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, 1-10 (17 February 1998).

224 See THE JOINTCHIEFS OF STAFF, JOINT Pm. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, VI-9 (30 September 1997).

225 See THE JOINTCHIEFS OF STAFF,JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, vii & ix (16 June 1995) ("MOOTW are initiated by the National Command Authorities . .." "Command and control are overseen by the joint force commanders (JFCs) and their subordinates . . ."); see also THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE(FID), viii & ix (26 June 1996); THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, 11-6 (30 September 1997).

226 THE WHlTE HOUSE, A NATIONALSEC~TY STRATEGY FOR A NEWCENTURY, 21 (October 1998).

227 See THEJOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONSOTHER THANWAR, TV-5 (1 6 h~ne1995).

228 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAITI,1994-1995,22-23 (1 1 December 1995).

229 See CENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY,LAW AND MILITARYOPERATIONS IN THEBALKANS, 1995-1998,41 (13 November 1998).

230 See THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, ix (16 June 1995).

Endnotes- 14 -Legal Support to Operations

''I See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JO~NTDOCTRINE FOR J\/IILITARY ~PER.~TIOI\ISOTHER THAN WAR. 11-3 (16 June 1995).

'"THEJOINT CHEFSOF STAFF,JONT P1,B. 3-07, JO.LWTDOCTRINE FOlc MIL~TARYOi'ERATiDNS OTH'HER THAN WAR,IV-8 (16 June 1995) (emphasis omitted).

"3 See THE JOINT CHEFSOF STAFF,JOINT PUB.3-07, JONr DOCTRINEFOR MILITARY OPERATIONSOTHER THAN WAR, IV-7 (16 June 1995); CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MJLITARYOPERATIONS11\1 HAITI, 1994-1995, 93-4 (11 December 1995); CENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MIJJTARYOPEMTIONS IN TFEBALKANS,1995-1998,44 (13 November 1998) (discussing the Civil-Military Cooperation Tearn, or CIMIC, which performed the CMOC function).

234 See CENTERFOR LAWAND MILITARY OPERATIONS, THEJUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPEMrIONS W HAITI, 1994-1995,297-8 (1 1 December 1995).

'35 See CENTERFOR LAWAND MILITPXYOPERATIONS, THE JUDGE ABVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS,1995-1998,43-4 (13 November 1998).

236 See THE JOINTCHIEFS OF STAFF,JOINT PUB.3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, ix & IV-8 (16 June 1995).

237 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINTDOC~NE FOR MILITARY OPERATIONSOTHER THANWAR, 111-1 (16 June 1995).

2'8 See THEJOINT CHIEFSOF STAFF,JOINT PUB.3-07, JOINT DOCTRINEFOR MILrI'ARY OPERATIONSOTHER THAN WAR,111-2 (16 June 1995).

239 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONSOTHER THAN WAR,III-2 (16 June 1995).

240 See THE JOINTCHEFS OF STAFF,JOINT PUB. 3-07, JOEVTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR,111-2 (16 June 1995); THE JOINTCHEFSOF STAFF,JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM, I- 1 (17 March 1998).

'41 THEJOINT CHEFSOF STAFF,JOINT PUB. 3-07.2, JTTP FOR ANTIERRORISM, 1-1 (17 March 1998).

242 See THE JOINTCHIEFS OF STAFF,JOINT FUB. 3-07.2, JTTP FOR ANTITERRORISM,IV-1,2 (17 March 1998).

'43 THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM,V-1 (17 MXC~1998).

'44 THE JOINT CHEFS OF STAFF, JOINT FUB.3-07.2, JTTP FOR ANTITERRORISM, 1-2 (17 March 1998); THE JONCHIEFS OF STAFF,JOINT PUB. 3-07, JOJNT DOCTRINEFOR MIL~~ARYOPERATIONS OTHER THAN WAR, 111-3 (16 June 1995).

245 THEJOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINT DOCTRJNEFOR MILITARYOPERATIONS OTHER THAN WAR,111-2 (16 June 1995).

'46 See THE JOINTCHIEFS OF STAFF,JOINT RJJ3.3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, 111-3 (16 June 1995). 247 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, 1-3 (17 February 1998).

248 See THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, 1-14 (17 February 1998).

249 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.4, JOINTCOUNTERDRUGOPERATIONS, 1-14 (17 February 1998).

250 See THEJOINT CHIEFS OF STAFF, JOINT PUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, IV-7,8 (17 February 1998).

251 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 111-3,4 (16 June 1995).

'"See THE JOINT CHIEFS OF STAFF, JOINTPUB, 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER THANWAR, 111-3,4 (16 June 1995).

253 See THE JOINT CHIEFSOF STAFF, JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, UI-4 (16 June 1995).

254 THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR,111-4 (16 June 1995) (emphasis omitted).

255 See THE JOINTCHIEFS OF STAFF, JOINTPUB. 3-07, JOINT DOC= FOR MILITARYOPERATIONS OTHER THANWAR, 111-4 through 8 (16 June 1995); see also THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.6, FOREIGNHUMANITARIANASSISTANCE OPERATIONS, (to be published) (The draft describes the types of missions as relief missions, dislocated civilian support missions, security missions, and technical assistance and support functions.).

256 THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, III-9 (16 June 1995) (emphasis omitted).

257 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MlLITARY OPERATIONS OTHER THANWAR, 111-9 (16 June 1995).

258 See THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, 111-9 (16 June 1995).

259 See THEJOINT CHIEFS OF STAFF,JOINT PUB.3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THANWAR, 111-9 (1 6 June 1995).

260 See THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNAL DEFENSE (FID), viii (26 June 1996).

THEJOINT CHIEFSOF STAFF,JOINT PUB.3-07, JOINTDOCTRINE FOR MILITARYOPERATIONSOTHER THAN WAR,111-10 (16 June 1995) (emphasis omitted).

262 See 10 U.S.C.A. section 40 1(West 1998); THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07, JOINT DOClliINE FOR MILITARYOPERATIONS OTHER THAN WAR, 111-1 0 (16 June 1995).

Endnotes- 16 i Legal Support to Operations

See THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, 111-1 1 (16 June 1995); THEJOINT CHIEFSOF STAFF,JOINT PUB.3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURESFOR NONCOMBATANT EVACUATIONOPERATIONS, vii (30 September 1997).

264 THE JOINTCHEFS OF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, vii (30 September 1997).

265 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES,AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, V- 12 through 14 (30 September 1997).

266 See THE JOINTCHIEFS OF STAFF,JOINTPUB.3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURESFOR ;NONCOMBATANTEVACUATION OPERATIONS, x (30 September 1997).

'267 See generally, THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, Chapter VI (30 September 1997).

268 THE JOINT CHIEFS OF STAFF,JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR,111-12 (16 June 1995) (emphasis omitted); see also THE JOINTCHIEFSOF STAFF,JOINTPUB.3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, I-6,7 (12 February 1999).

269 See THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 111-13,14 (16 June 1995); see also THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS, TECHNIQUES,AND PROCEDURES FOR PEACE OPERATIONS, vii (12 February 1999).

270 THE JOINT CHIEFSOF STAFF, JOINT PUB.3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACEOPERATIONS, 1-6 (12 February 1999) (emphasis omitted).

271 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURESFOR PEACE OPERATIONS, 11-1 1 through 14 (12 February 1999).

272 See THE JOINTCHIEFS OF STAFF,JOINT PLB. 3-07.3, JOINT TACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, 11-17 through 24 (12 February 1999).

273 THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, 1-7 (12 February 1999) (emphasis omitted).

274 THE JOINT CHIEFSOF STAFF,JOINT l'Ul3.3-07.3, JOINTTACTICS, TECHNIQUES,AND PROCEDURES FOR PEACEOPERATIONS, I114 (12 February 1999) (emphasis omitted), and 111-4 through 6 (describing each task and including internment and resettlement operations).

275 See THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR PEACEOPERATIONS, In-7 through 13 (12 February 1999).

276 THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR,ILI-14 (16 June 1995) (emphasis omitted).

277 See THEJOINT CHIEFSOF STAFF,JOINT IJUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THANWAR,111-14 (16 June 1995).

278 See THEJOINTCHIEFSOF STAFF,JOINT PUB.3-07, JOINT DOCTRINEFOR MIL~ARYOPERATIONS OTHER THANWAR, 111-14,15 (16 June 1995). 279 See THEJOINTCHIEFSOF STAFF, JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THANWAR, 111-14,15 (16 June 1995).

THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINT DOCmFOR MILRARYOPERATIONSOTHER THAN WAR, 111-15 (16 June 1995) (emphasis omitted).

THE JOINTCHIEFS OF STAFF,JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARYOPERATIONSOTHER THAN WAR,111-15 (16 June 1995) (emphasis omitted).

282 See THEJOINT CHIEFS OF STAFF, JOINTPUB. 3-07, JOINTDOCTR~NE FOR MILITARYOPERATIONS OTHER THAN WAR,III-15 (16 June 1995). I '83 See THEJOINTCHIEFSOF STAFF,JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THANWAR, 111-15 (16 June 1995).

HAGUECONVENTION(IV RESPEC~GTHE LAWS AND CUSTOMSOF WAR ON LAND,ANNEXTO THE CONVENTION,1 Bevans 631 (signed Oct. 1907 at the Hague).

285 See THE JOINTCHIEFS OF STAFF, JOINT PLTB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONSO m THANWAR, ix (16 June 1995); See THE JOINT CHIEFSOF STAFF, JOINTPUB. 3-07.6, FOREIGN HUMANITARIANASSISTANCE, x (to be published).

286 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONSIN HAITI,1994-1995,25-30 (1 1 December 1995).

'87 See CENTER FOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,50 & 82-84 (13 November 1998).

See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995,25 (1 1 December 1995) (noting the requirement for reserve component legal personnel to deploy, and describing requirements for home station support to emergency operations centers, predeployment legal assistance, and technical support to deployed legal personnel); CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY,LAWAND MILITARYOPERATIONS IN THE BALKANS,1995-1998,82 & 187-9 (13 November 1998) (noting the need for full-time legal support to the Joint Military Commission, for a permanent deputy staff judge advocate in Bosnia, and for reserve augmentation to perform the home station mission).

289 INTERNATIONALAND OPERATIONAL LAWDEPARTMENT, THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITED STATESARMY, OPERATIONAL LAWHANDBOOK, Chapter 14 (1998).

see INTERNATIONALAND OPERATIONAL LAWDEPARTMENT, THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, Chapter 2 & Page 8-10 (1998).

29 1 :NTE&~ATIONHL AND OPERATIONALLAW DEPARTMENT, THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, 2-1 (1998).

'92 INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, THE JUDGE ADVOCATEGENERAL'SSCHOOL, UN~IEDSTATESARMY, OPERATIONALLAW HANDBOOK, 2-1 (1998).

'93 See THEJOINT CHIEFS OF STAFF,JOINT PLB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, II-5 (16 June 1995).

Endnotes- 18 Legal Support to Operations

294 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI,1994-1995,48 (1 1 December 1995) (citing Security Council Resolution 940 as authorizing the multinational force to restore the Aristide government and establish a secure environment).

295 See THE JOINTCHEFSOF STAFF,JOLNT PUB. 3-07.3, JOINTTACTICS,TECHNIQUES, AND PROCEDURES FOR PEACEOPERATIONS,1-21 (12 February 1999) ("In PO [peace operations], the force generally conducts operations based on a mandate that describes the scope of operations."); CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGEADVOCATEGENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONSIN THEBALKANS, 1995-1998,76 (13 November 1998) (listing legal authorities and operational documents defining the scope of the Bosnia mission).

296 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAITI, 1994-1995,48 (1 1 December 1995) (regarding the timing of deployment); CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,76 (13 November 1998) (regarding timelines for action).

297 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT,THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAWHANDBOOK, 8-9 (1998); CENTERFOR LAWAND MLITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,76-7 (13 November 1998) (noting that the GFAP provided broad justification for the use of force, and rules for controlling entity armed forces).

See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT,THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONAL LAWHANDBOOK, 8-9 (1998); CENTERFOR LAWAND MILITARY OPERATIONS,THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THEBALKANS,1995-1998,76-7 (1 3 November 1998).

299 See THE JorNT CHIEFSOF STAFF,JOINTPUB.3-07.3, JOINT TACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS,7-22 (12 February 1999) (noting that terms of reference describe command relationships and coordination requirements); CENTERFOR LAWAND MLITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARY OPERATIONS IN HAlTI, 1994-1995,48-9 (1 1 December 1995) (describing the Carter-Jonassaint agreement's provision regarding the relationship between U.S. forces in Haiti and the Haitian military and police); CENTERFOR LAWAND MILlTARY OPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS PI THE BALKANS,1995-1998,76-7 (13 November 1998) (stating that the GFAP had provisions regarding the status of police forces, and mandating joint military commissions).

300 See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT,THEJUDGEADVOCATEGENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, 8-9 (1998).

301 See, e.g., THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRWEFOR MILlTARY OPERATIONS OTHERTHANWAR,IV-9 (16 June 1995) (citing the prominence of logistics elements in MOOTW and their obligation to adhere to applicable status of forces agreements); THEJOINTCHIEFSOF STAFF,JOINTPUB. 3- 07.1, JTTP FOR FOREIGNINTERNAL DEFENSE(ED), V-3 (26 June 1996) (noting the application of status of forces agreements to foreign internal defense operations); THE JOINTCHIEFSOF STAFF, JOINT PUB. 3-07.3, JOINTTACTICS,TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, 1-21 (1 2 February 1999) (noting the status of forces agreement as a key document in peace operations); THEJOINT CHIEFS OF STAFF, JOINT Pmi. 3-07.4, JOINTCOUNTERDRUGOPERATIONS, 1-10 (17 February 1998) (describing the affect of the status of forces agreement on jurisdiction, taxation, and claims arising during counter-drug operations); THE JOINT CHIEFSOF STAFF,JOINTPUB.3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, B-1,2 (30 September 1997) (describing the affect of status of forces agreements on jurisdiction, procurement, and customs issues arising in noncombatant evacuation operations).

302 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THEJUDGEADVOCATEGENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, 12-9 to 12-26 (1998).

303 See CENTERFOR LAW AND MILITARYOPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAm, 1994-1995,50-51 (1 1 December 1995) ("As soon as . . . the Aristide government had resumed power, some agreement became necessary to define the legal status of United States troops. . . Otherwise, these troops would be subject to Haitian laws that could impede their activities and frustrate the . . . objectives that impelled their deployment."); CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MILITARY OPERATIONSIN THE BALKANS,1995-1998,15 1 (13 November 1998) ("In Hungary . . . the demand for contractor compliance with host nation law was strong enough to cause the creation of a legal advisor position to the USAREUR liaison team. In response to Hungarian income tax claims, the contractor held five million dollars . . . Ultimately, the Hungarian government refunded the money . . .") (footnotes omitted).

See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONAL LAW HANDBOOK, 12-1 (1998).

305 See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT,THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITED STATESARMY, OPERATIONAL LAWHANDBOOK, 12-1 (1998) (citing DEP'TOF ARMY, REGULATION 550-51, FOREIGN COUNTRIESAND NATIONAL:AUTHORITYAND RESPONSIBILITY FOR NEGOTIATING, CONCLUDING,FORWARDING, AND DEPOSITING OF INTERNATIONAL AGREEMENTS(1 May 1985)).

306 See INTERNATIONAL AND OPERATIONALLAW DEPARTMENT,THE JUDGEADVOCATE GENERAL'SSCHOOL, UNmD STATESARMY, OPERATIONALLAW HANDBOOK, 12-1 (1998) ("SOFAS were concluded with Grenada and Kuwait after combat operations in those countries."); CENTERFOR LAW AND ~BLITARY OPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HPsn,1994-1995,52 (11 December 1995) (noting that the SOFA with Haiti was concluded three months after the operation began); CENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,151 (13 November 1998) (noting the resolution of contractor liability for income taxes through the Omnibus Agreement).

307 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT, THE JUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, 8- 11,12 (1 998).

308 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THEJUDGE ADVOCATEGENERAL'SSCHOOL, UNITED STATESARMY, OPERATIONALLAWHANDBOOK, 8-1 1 & 12-1 (1998).

309 See, e.g., THE JOINTCHIEFSOF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANT~BRORISM, L-2 (17 March 1998) (containing a table listing the jurisdictional authorities for responding to terrorism at various phases of an incident); THEJOINT CHIEFS OF STAFF,JOINTPUB. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, 1-2 (30 September 1997) (describing the relative roles of the Ambassador and JTF Commander in noncombatant evacuation operations); CENTER FOR LAWAND M~ARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONSIN THE BALKANS,1995-1998,76-77 (1 3 November 1998) (describing the IFOR commander's authority in relation to the Entity Armed Forces).

310 See,e.g., THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, X, 1-14 & 15, (12 February 1999) (noting coordination and liaison Legal Support to Operations

requirements in peace operations with military organizations, international organizations, non-government organizations, private voluntary organizations, & Department of State agencies); THE JOINT CHIEFS OF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURESFOR NONCOMBATANT EVACUATIONOPERATIONS, V-5, & B-1 (30 September 1997) (describing liaison and coordination requirements with embassy and local officials, higher headquarters, Department of State agencies, non- government organizations, private voluntary organizations, and host nation government agencies).

311 See, e.g., US ARMY PEACEKEEPING INSTITUTE,LEGAL GUIDETO PEACE OPERATIONS, 25 (1 May 1998) (describing guidance to U.S. commanders supporting U.N. operations who receive orders that may violate U.S. or international law); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MILITARYOPERATIONS IN Hm,1994-1995,43,91, & 96-97 (1 1 December 1995) (describing concerns about consistency of rules of engagement with each nation's policies, fiscal constraints on logistical support for U.S. government agencies, and guarantees of loyalty from U.S. commanders to the U.N.); CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN THEBALKANS, 1995-1998,61 (13 November 1998) (describing concerns participating nations may have about riot control agents and the definition of hostile intent).

31' See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY,LAW AND MILITARYOPERATIONS IN THEBALKANS, 1995-1998, 127-128 (13 November 1998) (describing the value of JAGC technical chain coordination, and innovative methods for effecting coordination of legal matters among all troop contributing nations -publishing the Joint Military Commission Handbook, weekly meetings of Judge Advocates, legal specialist work exchanges, and exchange of liaison officers).

313 See CENTERFOR LAWAND MIL~TARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAITI,1994-1995,94-95 (1 1 December 1995) (noting Judge Advocate participation in Civil-Military Operations Centers and the value of Judge Advocate liaison with the ICRC); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,60-61 & 131 (13 November 1998) (recommending Judge Advocate liaison with legal personnel of other troop contributing nations, and describing Judge Advocate participation in Joint Military Commission meetings).

314 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARY OPERATIONS IN HAITI,1994-1995,43-44 (1 1 December 1995) (recommending the Judge Advocates take the initiative in developing acceptable rules of engagement); CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY,LAW AND MILITARY OPERATIONSIN THEBALKANS, 1995-1998,59-62,112-114, & 153 (13 November 1998) (describing innovative methods for developing workable rules of engagement, procedures used to resolve questions about the legality of local entity checkpoints, and the solution for repairing vehicles used to support NATO).

315~TERNATIONALAND OPERATIONALLAW DEPARTMENT,THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATES ARMY, OPERATIONALLAW HANDBOOK, Chapter 9 (1998).

316 See Captain Glenn Bowens, Legal Issues in Peace Operations, PWTERS, 58 (Winter 1998-1999).

317 See THE JOINTCHIEFS OF STAFF,CHAIRMAN OF THE JOINTCHIEFSOF STAFF INSTRUCTION3 121.0 1, STANDING RULESOF ENGAGEMENT FOR US FORCES,Enclosure A, paragraph 2a (1 October 1994).

31QSee THEJOINT CHIEFS OF STAFF, JOINTPUB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, 1-10 (17 February 1998) (stating that counter-drug operations are conducted under the Standing ROE); THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANT EVACUATIONOPERATIONS, A-1 (30 September 1997) (noting the applicability of the Standing ROE in NEO, as well as the existence of a specific section in the ROE on NEO); but see CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARY OPERATIONS IN THE BALKANS,1995-1998,58 (13 November 1998) (stating that the Standing ROE were not in effect for U.S. Forces in IFOR in Bosnia).

319 THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 11-4 (16 June 1995).

320 See THE JOINTCHIEFS OF STAFF, JOINT PUB.3-07, JOINTDOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 11-4 (16 June 1995); see also THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE(FID), 1-14 (26 June 1996) (stating the requirement for judicious use of force in foreign internal defense missions); CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAlTI, 1994-1995,34-35 (1 1 December 1995) (noting that either over-tentativeness or over-aggressiveness can hinder the mission); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THEBALKANS, 1995-1998,57 (13 November 1998) ("The ill-advised use of force could eliminate this perception of impartiality and re-ignite the conflict.").

321 See THE JOINT CHIEFSOF STAFF, JOINTFm. 3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE (FID), IV- 24 (26 June 1996); THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.3, JOINT TACTICS, TECHNIQUES,AND PROCEDURES FOR PEACE OPERATIONS, 1-8 & 111-1 1 (12 February 1999).

322 See THE JOINTCHIEFSOF STAFF,JOINT PUB. 3-07.3, JOINT TACTICS,TECHNIQUES, AND PROCEDURESFOR PEACEOPERATIONS, 1-22 (12 February 1999).

323 THEJOINTCHIEFSOF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES,AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, 1-2 (30 September 1997).

324 See CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,57 (13 November 1998).

325 See Captain Glenn Bowens, Legal Issues in Peace Operations, PARAMETERS,59 (Winter 1998-1999); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. AIUvlY, LAWAND MILITARYOPERATIONSIN HAITI, 1994-1995,37-39 (1 1 December 1995).

326 See THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURESFOR NONCOMBATANTEVACUATION OPERATIONS, V-5 (30 September 1997); CENTERFOR LAWAND MILITARY OPERATIONS,THE JUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS,1995-1998,69-70 (13 November 1998).

327 See Captain Glenn Bowens, Legal Issues in Peace Operations, PARAMETERS,59-60 (Winter 1998- 1999); THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.3, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, 1-22,23(12 February 1999); CENTERFOR LAW.AND MILITARYOPERATIONS, THE JUDGEADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995, 43 (1 1 December 1995); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY,LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,61 (13 November 1998).

328 See Captain Parker, JAG Integration into OOTW TOC Operations (visited Feb. 23, 1999)

Endnotes- 22 Legal Support to Operations

LAWAND MILIT~YOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY,LAW AND MILITARYOPERATIONS IN HAITI, 1994- 1995,36-39 (1 1 December 1995).

"'See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY,LAW AND MILITARY OPERATIONSIN HAITI, 1994-1995,35 (1 1 December 1995) (citing Major Mark S. Martins, Rules of Engagement for Land Forces: A Matter of Training, Not Lnwyering, 143 MIL. L. REV. 27,52-54 (1994); Colonel W.H. Parks, USCMR, No More Vietnams, UNITEDSTATESNAVAL INSTITUTEPROCEEDINGS, 27-28 (March 1991)).

'" See :;;T"cZ:AX3;:X AX3 ~;'EPIAXC?JAL LAY; 3E?A?TKST, TIE JL9SE ?.DI!(?C,A.T 5E3EIl.lL9S SCII-OOL, UNITEDSTATESARMY, OPERATIONAL LAWHANDBOOK, 8-9 (1998); CENTERFOR LAW AND MILITARY OPERATIONS, THEJUDGEADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARY OPERATIONS IN THE BALKANS,1995-1998,76-7 (13 November 1998) (noting that the GFAP provided broad justification for the use of force, and rules for controlling entity armed forces).

33 1 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONS IN HAITI, 1994-1995,43-45 (11 December 1995) (encouraging Judge Advocates to take the initiative in multinational ROE development); CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARY OPERATIONSIN THE BALKANS,1995-1998,59-62 (13 November 1998) (describing concerns about specific issues and definitions, and discussing a strategy of developing agreeable general ROE and allowing contributing nations to apply more restrictive provisions). j3' See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY,LAWAND MILITARYOPERATIONS IN HAITI,1994-1995,36-39 (1 1 December 1995) (recounting an incident in Haiti in which delay was tragic:

[ROE] [clards containing the additional guidance [concerning protection of civilians, approved on 6 September] were not issued until 21 September. In the meantime, ROE had jumped into news headlines around the United States. . . . on 20 September Haitian police and militia brutally beat demonstrating Aristide supporters. Among the persons beaten was a coconut vender, who died after about five minutes of continuous clubbing, in view of United States soldiers, and after some of the fatal attack had been videotaped. Networks and newspapers in the United States widely reported the killing and the decision of the soldiers not to intervene. footnotes omitted); CENTERFOR LAWAND MIL~ARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARY OPERATIONSIN THE BALKANS,1995-1998,60,62,71 (13 November 1998) (recommending use of ROE matrices, ROE cards in each soldiers language, and ROE Battle Books as means to ensure responsiveness).

333 See Captain Parker, JAG Integration into OOTW TOC Operations (visited Feb. 23, 1999)

334 See INTERNATIONALAND OPERATIONAL LAWDEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, 11-2 (1998) (citing THE JOINTCHIEFS OF STAFF, CHAIRMANOF THE JOINTCHIEFS OF STAFFINSTRUCTION 5810.01, IMPLEMENTATION OF THE DOD LAW OF WARPROGRAM (12 August 1996); see also DEP'TOF DEFENSEDIRECTIVE 5 100.77,DoD Law of War Program, 5.3.1. (9 December 1998). 335 See, e.g., THEJOINT CHIEFS OF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURESFOR NONCOMBATANTEVACUATIONOPERATIONS, 1-1 (30 September 1997); CENTERFOR LAW AND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY,LAW AND MILITARY OPERATIONS IN HAITI,1994-1995, 37-39 & 79-84 (11 December 1995); CENTERFOR LAWAND MILITARY OPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THEBALKANS,1995-1998, 102-4, 112-4, 125-6, & 139-41(13 November 1998).

336 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THE JUDGE ADVOCATEGENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK,10-7 to 10-10, & 11-3 to 11-14 (1998) (discussing civilian protection law applicable in MOOTW, citing The 1977 Protocol Additional to the Geneva Conventions of 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), opened for signature Dec. 12, 1977, 1125 U.N.T.S. 3; and The 1977 Protocol Additional to the Geneva Conventions of 1949, and relating to the Protections of Victims of Non-International Armed Conflicts (Protocol 11), opened for signature Dec. 12, 1977, 1125 U.N.T.S. 1391; and reprinting the Universal Declaration of Human Rights).

337 See THE JOINTCHEFS OF STAFF,JOINT PUB.3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURESFOR PEACE OPERATIONS, 11- 13 (12 February 1999); CENTERFOR LAW AND MILITARY OPERATIONS, THEJUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS n\T HAITI, 1994-1995,37-39 (11December 1995).

338 See THE JOINTCH~FS OF STAFF,JOINT PUB.3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, 111- 11 (12 February 1999).

339 See THE JOINTCHEFS OF STAFF,JOINT PUB.3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, 11-14 (12 February 1999).

340 See THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURESFOR NONCOMBATANTEVACUATION OPERATIONS, VI-3 to VI-5, & Appendix D (30 September 1997).

341 See CENTERFOR LAW AND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARY OPERATIONSIN HAlTI, 1994-1995,79-84 (1 1 December 1995); CENTERFOR LAW AND MII~ITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS,1995-1998,139-141 (13 November 1998).

342 See THE JOINTCHEFS OF STAFF,JOINT PUB.3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURESFOR PEACE OPERATIONS, 11-24 (12 February 1999); THE JOMT CHIEFSOF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES,AND PROCEDURESFOR NONCOMBATANT EVACUATION OPERATIONS,VI-9 (30 September 1997).

343 See CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONSIN THE BALKANS,1995-1998,1024, 1124,125-6, & 137-9 (13 November !998) (referin&tc enfcrcemea: of weagoas policies, monitoring of checlrpoints, apprehension of persons indicted for war crimes, and election support).

344 See THE JOINTCHIEFS OF STAFF, JOINTm. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, B-1 & 2 (30 September 1997); CENTERFOR LAWAND MILITARY OPERATIONS, THEJUDGE ADVOCATEGENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARY OPERATIONSIN HAlTI, 1994-1995,63-72 (11 December 1995); CENTERFOR LAWAND MILEARY OPERATIONS, THEJUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY,LAWAND MILITARYOPERATIONS IN THE BALKANS,1995- 1998, 109-110 (13 November 1998).

Endnotes- 24 Legal Support to Operations /

345 See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT, THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, 11-5 (1998).

346 See CENTERFOR LAWAND MIL~TARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN HAITI, 1994-1995,99-100 (1 1 December 1995).

347 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.5, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS, VI-3 to VI-5 (30 September 1997) (discussing evacuation center procedures, many of which require legal advice); CENTERFOR LAWAND MILITARYOPERATIONS, T-W JUDGE ADVOCATFGENERAL'SSCHOOL, 1J.S ARMY, LAWAND MILITARY OPERATIONS HAm. 1994- 1995,93-4 (11 December 1995) (recommending Judge Advocate participation in the CMOC); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY,LAW AND MILITARYOPERATIONSIN THE BALKANS, 1995-1998, 113 & 125-7 (13 November 1998) (noting that U.S. forces sought legal advice as they came across checkpoints, and describing the immediate need for Judge Advocates upon apprehension of a person indicted for war crimes).

348 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. W,LAWAND MILITARYOPERATIONS IN HAITI,1994-1995,63-72 & fn 203 (11 December 1995) (describing the legal authority for detention, the detention facility, and the extensive Judge Advocate role in the release determination process); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATEGENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995- 1998,109-110 (13 November 1998) (describing the legal authority and procedural safeguards).

349 See, e.g., THE JOINTCHIEFS OF STAFF,JOINT PLTB. 3-07.4, JONCOUNTERDRUG OPERATIONS, 1-4 & 1-8 (17 February 1998) (citing Foreign Assistance Act provisions prohibiting U.S. personnel from conducting foreign law enforcement, and prohibiting security assistance to governments with records of human rights violations (22 U.S.C. A. sections 2291 & 2304 (West 1998))).

350 INTERNATIONAL AND OPERATIONALLAWDEPARTMENT, THE JUDGE ADVOCATEGENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK,Chapter 25 (1998).

351 See CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, 141 (13 November 1998) (quoting Major Kurt Mieth, "[algain and again, especially in operations other than war, everyone wants to drink from the American luxury logistical fountain." Interview with Major Kurt Mieth, SFOR Legal Advisor's Office, at Sarajevo (2-23 Feb. 1998)).

352 See, e.g., THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07, JOINT DOCTRWEFOR MILITARYOPERATIONS OTHERTHAN WAR,IV-9 (16 June 1995) ("Logistics personnel must also be familiar with and adhere to any legal, regulatory, or political restraints governing US involvement in the MOOTW.") (emphasis omitted); THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE (FID), II- 8 (26 June 1996) (noting 'legal restrictions and complex funding sources" involved in foreign internal defense); THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.3, JOINT TACTICS, TECHNIQUES,AND PROCEDURES FOR PEACEOPERATIONS, 11- 19 (12 February 1999) (discussing U.N. reimbursement procedures); THE JOINT CHIEFSOF STAFF,JOINT PLTB. 3-07.4, JOINTCOUNTERDRUG OPERATIONS, IV-3 (17 February 1998) ("There are many legal restrictions on the use of CD funds.").

353 See, e.g., THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE(RD), 111-7, IV-21, A-1, & G-2 (26 June 1996) (relating to training, humanitarian and civic activities, construction, and medical support); CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MIL~ARYOPERATIONS IN m,1994-1995, 129-139 (11 December 1995) (relating to medical care, post exchange privileges, military air requests, LOGCAP, construction, training, and humanitarian and civic assistance); CENTERFOR LAWAND MILITARY OPERATIONS, THEJUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MIL~ARYOPERATIONS IN THE BALKANS,1995-1998, 143-153, & 184 (13 November 1998) (relating to morale and welfare, LOGCAP, construction, humanitarian and civic assistance, maintenance, post exchange privileges, and mess hall services).

3" See, e.g., THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.1,JTTP FOR FOREIGN INTERNAL DEFENSE(ED), IV-22 (26 June 1996) (relating to the host nation); CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGEADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS w HAITI,1994-1995, 141 (1 1 December 1995) (relating to U.S. agencies); CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATEGENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONSIN THE BALKANS, 1995-1998, 141-154, & 184 (13 November 1998) (relating to allies and coalition forces, local civilians, non-governmental organizations, NATO headquarters, and the Army's R&R program).

355 See CENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN THEBALKANS, 1995-1998, 142 (13 November 1998) ("Fiscal and procurement issues were the most pervasive and time consuming of sustainment issues, and perhaps of all three categories of legal support to military operations (command and control, sustainment, and personnel service support).").

356 See THE JOINTCHIEFS OF STAFF,JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNAL DEFENSE(FID), 11-8 & El-7 (26 June 1996).

357 See, e.g., Captain Glenn Bowens, Legal Issues in Peace Operations, PARAMETERS,65-66 (Winter 1998- 1999) (recommending use of section 607 and acquisition and cross-servicing agreements, 22 U.S.C. section 2357 & 10 U.S.C. section 2342, respectively); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAITI, 1994-1995, 142 (1 1 December 1995) (relating to the value of a section 607 agreement); CENTERFOR L.4W AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY,LAW AND MILITARY OPERATIONSIN THE BALKANS,1995-1998, 142 (13 November 1998) (recommending broader use of NATO Basic Purchase Agreements and Basic Ordering Agreements).

358 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK,25-5 (1998) (describing in detail this six-step process).

359 See, e.g., INTERNATIONALAND OPERATIONALLAW DEPARTMENT,THE JUDGEADVOCATE GENERAL'S SCHOOL,UNITED STATESARMY, OPERATIONALLAW HANDBOOK, 25-5 to 25-20 (1998) (discussing various U.S. funding sources); THE JOINT CHIEFSOF STAFF,JOINT PUB. 3-07.3, JOINTTACTICS, TECHNIQUES,AND PROCEDURES FOR PEACE OPERATIONS, 11-19 (12 February 1999) (discussing U.N. reimbursement procedures); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY,LAWAND MILITARY OPERATIONSIN HAITI,1994- 1995, 142 (1 1 December 1995) (regarding section 607 procedures for U.N. reimbursement);CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARY OPERATIONS IN THEBALKANS, 1995-1998, 142 & 153-4 (13 November 1998) (pro?osing consideration of other than 119 fi~nding sources, and citing an example of NATO funding).

360 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAITI, 1994-1995, 136 (1 1 December 1995) (noting that reliance on LOGCAP in Haiti was not always the way to meet requirements and recommending that commanders and staffs consider all options); CENTERFOR LAW AND MILITARYOPERATIONS, THEJUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARY OPERATIONS IN THEBALKANS, 1995- 1998, 143-4 (13 November 1998) (citing the joint acquisition board as "a success story from Bosnia" and describing its functions).

Endnotes- 26 Legal Support to Operations

361 See, e.g., CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILIT~YOPERATIONS IN HAITI, 1994-1995,129- 131 & 141 (1 1 December 1995) (describing how Judge Advocates resolved requests for medical care, post exchange privileges, and military air travel requests, and recommending raising issues to higher headquarters for resolution); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN THEBALKANS, 1995-1998,153-4 & 184 (13 November 1998) (describing how Judge Advocates resolved a NATO request for the U.S. to repair a NATO vehicle, and recommending early resolution of policy concerning access to the post exchange).

362 THE JOINT CHIEFSOF STAFF,JOINT PJB.3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, IV-2 (16 June 1995) (emphasis omitted).

363 See, e.g., THE JOINTCHEFSOF STAFF,JOINTPUB.3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE(FID), IV-20 & 21 (26 June 1996) (describing considerations involved in providing intelligence assistance during foreign internal defense operations); THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANTITJXRORISM, V-1 (17 March 1998) ("Intelligence and counterintelligence are the fnst line of defense in an AT [antiterrorism] program.") (emphasis omitted); THE JOINT CHIEFS OF STAFF,JOINT PUB. 3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, X (12 February 1999) ("Intelligence is critically important to a PK [peace-keeping] force, not only for mission success but to protect the force.") (emphasis omitted); THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.4, JOINT COUNTERDRUGOPERATIONS, IV-3 (17 February 1998) ("[Intelligence] is the foundation upon which the CD [counter-drug] operational effort is built.") (emphasis omitted); THEJOINTCHIEFSOF STAFF,JOINT PUB.3-07.5, JOINTTACTICS, TECHNIQUES,AND PROCEDURES FOR NONCOMBATANTEVACUATION OPERATIONS,1V-1 to 3 (30 September 1997) (describing intelligence products provided for noncombatant evacuation operations planning).

364 THE JOINTCHIEFSOF STAFF,JOINT ]PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, IV-2 (16 June 1995) (emphasis omitted).

365 See THE JOINT CHIEFSOF STAFF,JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THANWAR, IV-3 (16 June 1995).

366 See THE JOINT CHIEFSOF STAFF, JOINTPUB. 3-07, JOINTDOCTRWE FOR MILITARY OPERATIONS OTHER THAN WAR, IV-3 (16 June 1995).

367 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT, THE JUDGEADVOCATEGENERAL'SSCHOOL, UNmnSTATES ARMY, OPERATIONALLAW HANDBOOK, 15-1 (1998) ("It is imperative that operational lawyers consider them [intelligence law aspects of operations] when planning and reviewing both operations in general and intelligence operations in particular.").

368 See INTERNATIONALAND OPERATIONALLAWDEPARTMENT,THE JUDGEADVOCATEGENERAL'S SCHOOL, UNITEDSTATESARMY, OPERATIONALLAW HANDBOOK, Chapter 15 (1998) (listing and discussing the principal references on intelligence law).

369 See CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY,LAWAND MILITARYOPERATIONSIN THE BALKANS, 1995-1998, 170 (13 November 1998).

370 See CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONSIN H~1~1;1994-199558-63 (1 1 December 1995) (describing issues arising in Haiti concerning interrogation of a U.S. person for force protection reasons, interrogation procedures for personnel in the detention facility, and use of intelligence contingency funds). 371 U.S. DEP'TOF ARMY, FIELD MANUAL25- 100, TRAINING THE FORCE(1988); U.S. DEP'TOF ARMY, FIELD MANUAL25- 101, BATIZEFOCUSED TRAINING (1990).

372 See CENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN HAITI,1994-1995,159 & 166-7(11 December 1995).

373 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONSIN THE BALKANS, 1995- 1998,197 (1 3 November 1998) (recommending uaining with supported units as means to build relationships with supported units and improve the soldier skills of legal personnel).

374 See THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.6, FOREIGN HUMANITAFUAN ASSISTANCE, IV-4 (describing the need for personnel with political-military skills to coordinate with numerous organizations and to liaison with policy-makers and the diplomatic community) & IV-15 (describing legal coordination required for ROE in multinational operations and legal advice and assistance required for relationships with non-military organizations) (to be published).

375 See CENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGEADVOCATEGENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN THEBALKANS, 1995-1998,80-82 (13 November 1998).

376 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATEGENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998, (13 November 1998) 59-6 1 (describing coordination of rules of engagement), 125 (discussing persons indicted for war crimes), & 130- 131

Consider one judge advocate major . . . for example. He liaisoned with the U.N. mission, the U.N. Office of the High Representative, the Organization for Cooperation and Security in Europe (OSCE), the International Police Task Force headquarters, the Pope's staff. ..the President of the Constitutional Court of Bosnia . . . and the Minister of Justice . . . He represented SFOR in two cases before local courts, and drafted memorandums of agreement between SFOR and Bosnian entity-level civil aviation authorities . .. .

377 See THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THANWAR, IV-9 (16 June 1995); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995,148-9 & 155-6 (1 1 December 1995); CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,79 (13 November 1998).

378 See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT, THEJUDGEADVOCATEGENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAWHANDBOOK, 17-2 (1998).

379 See CENTERFOR LAW AND MIL~ARYOPERATIONS, THE JUDGEADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN m,1994-1995,155-6 (1 1 December 1995).

380 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARY OPERATIONS IN HAITI, 1994-1995,40-42,89-93 (1 1 December 1995); CENTER FOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,63-67 & 130-131(13 November 1998).

381 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995,89-93 (1 1 December 1995); CENTERFOR

Endnotes- 28 Legal Support to Operations

LAWAND MILITARYOPERATIONS,THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN THE BALKANS,1995-1998,130-131(13 November 1998).

382 See CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN THE BALKANS,1995-1998,63-64(13 November 1998).

383 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN HAlTI, 1994-1995, 158-159 (11 December 1995); CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONSINTHE BALKANS,1995-1998, 161,170, 179, & 192-198(13 November 1998).

384 See CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN THEBALKANS,1995-1998, 193-197(13 November 1998). FM 27-100 1 MARCH 2000

By Order of the Secretary of the Army:

ERIC K. SHlNSEKl General, United States Army Official: Chief of Staff

Administrative Assistant to fhe Secretary of the Army 0000502

DISTRIBUTION:

Active Army, Army National Guard, and U S. Army Reserve: To be distributed in accordance with the initial distribution number 114869,requirements for FM 27-100.