Block V - Operations & International Law Flashcards
Recognize the principles of AF Legal Support Doctrine. (W)
A- AFJAGC Support AF Ops
B- Legal Considerations in Air Force Operations (APPENDIX B). What is the mission? Looking at parameters, limits and scope of Op.
C. Planning/Execution Responsibilities. Deliberate and Crisis Action Planning (APPENDIX C)
D. Legal Readiness Considerations (APPENDIX D)
E. Mission Readiness of AFJAGC Personnel
(APPENDIX E)
F. Rules of Engagement Considerations (APPENDIX F)
Purpose: Best practices & idea’s regarding legal aspect of AFOps.
Describe the forms of classified communication technology used in The Judge Advocate General’s Corps. (W)
- Non-Classified Internet Protocol (IP) Router Network (NIPRNet):
- An IP network used to exchange unclassified information (FOUO)
- Provides users access to the internet
- Primary means of unclassified communication - Secret Internet Protocol Router Network (SIPRNet):
- Networks used by DoD to transmit classified information (up to secret level) - Voice-over Internet Protocol (VoIP):
- Allows you to make voice calls using a broadband internet connection
- Either classified or unclassified communication
- If internet is down, you will be unable to communicate
Explain the force protection responsibilities of a deployed commander. (W)
- Geographic Combatant Commander (GCC)
- Overall Requirement to establish and implement FP
- Authority over all DoD personnel and dependents assigned to, transiting through, or training in their AOR - Commanders at every echelon (wing, group, squadron)
- Retain ultimate responsibility for protecting persons & prop. subject to their control
- Added Responsibility f/ accomplishing force protection planning for units
Recognize characteristics of the various Force Protection Conditions (FPCON). (W)
Normal (also called baseline)
- Applies when general global threat exists and warrants a routine security posture
- At minimum, access control will be conducted
- This is where a country or person hates the U.S., etc.
Recognize characteristics of the various Force Protection Conditions (FPCON). (W)
FPCON Alpha
- Applies when general threat of possible activity against personnel and facilities, the nature and extent are unpredictable
- Able to be maintained indefinitely
- Ex: Threat of attack against a military installation (not specific enough to lock down a base)
Recognize characteristics of the various Force Protection Conditions (FPCON). (W)
FPCON Bravo
- Applies when an increased and more predictable threat of activity exists
- Able to be maintained for weeks without causing undue hardship
- Ex: There is a threat against an AFB generally (doesn’t name a base, but we know they’re targeting the Air Force)
Recognize characteristics of the various Force Protection Conditions (FPCON). (W)
FPCON Charlie
- Applies when an incident occurs or intelligence is received indicating some form of action against personnel and facilities is likely.
- Implementation for more than a short period of time will create a hardship
- Ex: Threat against an AFB in Alabama
Recognize characteristics of the various Force Protection Conditions (FPCON). (W)
FPCON Delta
- Applies in immediate area where an attack has occurred or when intelligence has been received the action against a specific location or person is imminent.
- Declared as a localized condition
- Ex: There is an attack at Maxwell AFB
Restate the USAF use of Force Policy. (W)
“objectively reasonable “ “objective reasonableness”
USAF Personnel will use only that force which is reasonably necessary to accomplish their duties in conformity with the Constitution of the United States, federal statutes, and DOD policy
What factors are considered for objective reasonableness?
o Must consider four factors
Severity of the crime
Whether the person imposes an immediate threat to the safety of others
Whether the person is actively resisting
Whether the person is attempting to evade
o Other factors considered by Courts
Number of subjects involved
Size, age, condition of subject
Duration of subject’s actions
Previous known violent/mental history
Use of alcohol or drugs
Availability of non-lethal weapons
Describe the right and obligation to exercise unit self-defense. (W)
Everyone has right to inherent self-defense. (for national security, assets, installation, etc).
Unit CC can limit right to exercise unit self-defense
Explain the structure of the Department of Homeland Security. (W)
o Secretary of Homeland Defense
- Appointed by President w/ consent of Senate
- Head of Department and has direction, authority, and control over it
o Deputy Secretary of Homeland Defense
- Appointed by President w/ consent of Senate
- Secretary’s first assistant
o Under Secretaries – Appointed by President w/ consent of Senate
- No more than 12 under secretaries IAW homeland security act
- Information Analysis and Infrastructure Protection
- Science and Technology
- Border and Transportation
- Emergency Preparedness and Response
- Bureau of Citizenship and Immigration
- Management
- General Counsel (legal professionals)
With reference to Homeland Security, discuss the Inspector General
o Mission: Independent and objective inspection, audit, and investigative body to promote effectiveness, efficiency, and economy in the DHS, and to prevent and detect fraud, abuse, mismanagement, and waste in DHS
- Has control on behalf of the Secretary w/ respect to audits/investigations, or the issuance of subpoenas, that require access to sensitive materials
- Intelligence, counter-intelligence, or counter-terrorism matters (also criminal)
With reference to Homeland Security, discuss the Commandant of the Coast Guard
o Missions of the Coast Guard, responsible for:
- Ports, waterways, and coastal security
- Drug Interdiction
- Migrant Interdiction
- Defense Readiness
- Other Officers – All are appointed by POTUS
o Director of the Secret Service
o Chief Information Officer
o Chief Human Capital Officer
o Chief Financial Officer
o Officer for Civil Rights and Civil Liberties
Cite examples of AF Support for Homeland Security missions. (W)
o Disaster Relief - restoration of essential services (water, power)
o Intelligence, Surveillance, & Reconnaissance (discovering potential threats and share with DHS)
o Information Sharing
o National Special Security Events - State of the union address, Olympics, Super Bowl. Can send EOD, planes to hover, etc.
Identify the types of support U.S. may provide to support disaster relief operations. (W)
- Stafford Act - primary act seen. DoD can help civilians, must be declared state of emergency. POTUS can use DoD to assist. Runs through DHS or FEMA (fed agencies that lead, but work with NORTHCOM to get support), NORTHCOM for DoD.
- Economy Act - DoD is helping other federal agencies. Will ask for reimbursement for support. Will not provide state assistance under Econ Act.
- Immediate Response Authority - CC at base level can use DoD personnel to assist if there’s an immediate need locally. Mayor may ask Wing/CC for assistance. Will not need to wait for approval from chain, but need to notify chain. Cannot violate Posse Comitatus Act.
- Emergency Authority - Civil unrest. Stepping in to quell the disturbance, when it may impact a base.
- Does it violate Posse Comitatus Act?
Explain key personnel and their responsibilities within the Emergency Operations Center. (W)
- Incident Commander - The IC responsible for all incident activities, including developing strategies and tactics and ordering and releasing resources
- EOC Director - oversight to installation CC to support and control incidents (usually MSG/CC).
- Transportation - LRS
- Communication – Restoring and facilitating comms
- Public works & Engineering - CE
- Fire Department & emergency services– Fire suppression and other life saving
- Emergency Management
- Mass Care, Housing & Human Services – human remains, etc
- Supply - For anything major needing ordered
- Security Forces – Protect classified material and advise on security issues
- Public Health & Medical Services – public health concerns
- Urban Search & Rescue
- Public Affairs – Handles news media requests for photographs and releases of information
- Safety
- Weather
- Bioenvironmental
- Maintenance - supervising aircraft and support equipment evacuation
- Munitions – recovering/movement of munitions.
- Legal Office – works close with PA. Advise on claims, jurisdiction issues, aircraft/missile accidents
Explain items required to be maintained in the Emergency Operations Kit. (W)
- Digital/Video cameras, portable printer, scanner and laptop.
- AFI 51-306, CSC Action Officer’s Handbook, SFs 95 & 1034, DD Forms 1842 & 1844, Advance Payment/Settlement Agreement Template for FTCA, MCA and NGCA claims
- Claimant Sign-in Log.
- Maps (base and local maps)
- Basic office supplies (pens, paper, stapler, etc)
- Action Plan Checklist
Explain the role of the Emergency Operations Center legal team during disaster response situations. (W)
- Provides legal advice to CC on claims, jurisdiction, National Defense Areas, Posse Comitatus, and aircraft/missle accidents.
- Claims - ID of affected property owners, estb. temp. claims office.
- Jurisdiction - who owns the land, consent from landowner?
Define major accident with regard to EOC
An incident involving DoD material or DoD activities that is serious enough to warrant response by the installation DRF. It differs from the minor day-to-day emergencies and incidents that installation agencies typically handle.
Cite examples of potential legal issues encountered during major accident response situations. (W)
- National Defense Area may result in increased Gov. liability (seen as temporary taking of land).
- Environmental law/Land use issues
- Mass care, housing, and human services
- Line of Duty determinations
May need:
- ROS’s, Adverse/ Disciplinarian action
Explain the purpose and scope of Status of Forces Agreements. (W)
o Defines legal position of visiting forces
o Describes how authorities of visiting force controls members
o Describes amenability of its members to local law.
o Agreement can be oral or written
Must be signed and agreed to
Signifies the intention of it’s parties to be bound in international law
It’s “denominated” (called) that exact thing.
Define SOFA
An international agreement between sovereign States that outlines jurisdiction over armed forces operating abroad
Describe common privileges afforded through Status of Forces Agreements. (W)
Diplomatic immunity (from criminal jurisdiction w/in that state).
- A&T Status (Administrative & Technical Status)
o Equivalent to status afforded embassy staff on Diplomatic Relations
o Normally just an exchange of diplomatic notes
o Short duration ops, minimal permanent personnel
o Immature relationship between parties
o Contents: Full immunity from criminal jurisdiction
immunity from civil jurisdiction
Protection from arrest or detention
Exemption from all duties and taxes
Define receiving and sending state
o Receiving State: The State which hosts foreign armed forces within its territories; the “host nation”
o Sending State: The State which dispatches its armed forces to a foreign territory; the “visiting nation” or “visiting forces”
Define Bilateral and Multilateral Agreements
o Bilateral Agreement: between two parties
o Multilateral Agreement: between more than two parties
What is JA’s role in Agreements.
- JA’s Role
o Determine the existence of an international agreement
o Assist in drafting request for authority to negotiate
o Assist in negotiating / concluding an agreement
o Implement / ensure compliance with an agreement
o SOFAs located on FLITE KM
Restate the authority for issuance of General Orders. (W)
Title 10 USC 164c gives authority, Combatant Commanders can issue.
General orders are punitive under Article 92, UCMJ.
Evaluate the scope, impact, and procedures to enforce General Orders. (W)
Purpose: to ID & regulate conduct that is prejudicial to the MX of GOAD of forces.
- Applies to U.S. Military Personnel and Accompanying Civilians. Do not apply to multinational force or Dept of State personnel.
-GOs are enforced and are punitive orders.
Unit CC has responsibility to confiscate items.
Explain U.S. policies and procedures for handling of Foreign Criminal Jurisdiction cases. (W)
We maximize jurisdiction over our personnel every time.
Inter Se - Involves circumstances where the receiving state has minimal interest because the sending state our personnel or dependents are the only victims - TJAG is approval
Official Duty cases - SECDEF is waiver authority
Restate the responsibilities and timeliness for reporting Foreign Criminal Jurisdiction cases. (W)
o Annual Report
o Confinement Report - Quarterly
o Trial Observer Report – as soon as possible, immediately after trial.
o Monthly Visitation Reports
o Serious or Unusual Incident Report
Person placed into PTC
Person is actually or allegedly mistreated
U.S. publicity probable
Death of foreign national
Capital Punishment might be imposed
Forward report to TJAG IMMEDIATELY via electronic communication
Who notifies member of a military legal advisor and who appoints them.
CC notifies member
SJA appoints
Who is the trial observer?
o Designated Attorney
o -Must not have acted as TC, DC, or Military Legal Advisor for proceedings of same circumstance
Identify basic facts regarding joint operations involving TJAGC members. (W)
- COCOM has op control of unit x, but Home command has adcon of unit x.
- Knowing that we are involved in all different levels of command.
- The legal staff is there to assist in making sure that they are handling training and everything correctly.
Explain the role and responsibilities of the Joint Force Air Component Commander (JFACC). (W)
o Commanding AIR POWER
It’s whoever has the most assets in the area (so it could be a navy personnel).
- Responsibilities – planning, coordinating, and executing aerospace operations with assets from multiple components or nations
o Primary Concern
Executing operations with aerospace assets
Responsive command and control system in place
Describe the designation of and role of the Commander Air Forces (COMAFFOR). (W)
o Senior Air Force Member
o Level of command is comparable to NAF
o Functionally separate from war fighting activities performed by the JFACC.
o Have their own legal staff.
o Responsibilities – Execution of the Air Force responsibilities within the joint or combined commands
Organizing, Training, Equipping, Supporting, Disciplining, Logistics, Personnel, Medical, Communications, Security
JFACC and COMAFFOR can be same person, but will be “dual hatted”
Cite examples of joint legal support functions during military operations. (W)
o Integrated at various levels
support Joint Force Commander
support Joint Force Air Component Commander
support Joint Air Operations Center - Staffed facility established for planning, directing, and executing joint air operations in support of joint force commanders operation or campaign objectives.
Detainee Operations
Provide briefings (LOAC, ROE, etc.)
Recognize rules governing Humanitarian Assistance and Disaster Response. (W)
o 10 U.S.C. § 401, Humanitarian and Civic Assistance Provided in Conjunction with Military Operations
- Cannot benefit the US Military in an operational manner
- For the benefit of training military personnel, serving political interests of the host nation and US, and providing humanitarian relief to foreign citizens.
+ Examples of things we can do:
- Medical, surgical, dental, and veterinary care provided in rural areas (cannot adversely impact local economy)
- Well drilling and construction of basic sanitation facilities
- Rudimentary construction and repair of public facilities and roads.
State basic facts regarding prisoner of war status. (W)
- Members of Armed Forces, parties to a conflict
- Must meet criteria for Combatant
- Members who profess allegiance to Gov or authority not recognized by the detaining power
- Persons accompanying the Armed Forces (i.e. Civilian Contractors w/ Gov ID card)
- Civil aircraft
o If they are not a lawful combatant, they are not entitled to PoW status, which has specific rights
What are the types of HCA?
Pre-Planned HCA (Budgeted):
- Secretary of a military department can carry out HCA activities in conjunction with authorized military operations AND will promote security interests and operational readiness skills of Service members participating.
- HCA activities shall compliment, not duplicate other form of social or economic assistance
- Shall serve the basic economic and social needs
- not be provided to any individual, group of organization engaged in military activity
- Funded from O&M.
- Minimal Cost HCA (Command-Approved):
o Provides COCOM authority to react to “targets of opportunity” during military ops
o Must be limited and involve “minimal expenditures for incidental costs”
o Maximum amount is $15,000
o Funded from unit’s O&M funds
Ex:
o A unit’s doctor examination of villagers for a few hours, but not the deployment of a medical team for the purpose of providing mass inoculations
o The opening of an access road through trees and underbrush for several hundred yards, but not asphalting the roadway
Identify basic facts regarding rules for treatment of enemy prisoners of war. (W)
- Treated humanely.
- Basic food rations provided in sufficient quality, variety, & quantity.
- Clothing shall be supplied to meet climate
- Must take all necessary measures to ensure cleanliness and healthfulness to prevent epidemics.
- Men and women are separated
State basic facts regarding status of personnel during detainee operations. (W)
- Defined – Any individual captured by, or transferred to the custody or control of, DoD personnel pursuant to the law of war
- Classified as PoW, Retained Person (medical, chaplains, red cross staff, volunteer aid, individual described by Article 28 and 33 while in custody of DoD),
Civilian Internee (civilian in custody of DoD during armed conflict) ,
or Unprivileged Belligerent “Unlawful Enemy Combatant” (An individual who is not entitled to privileges of combatant status. But who by engaging in hostilities, has incurred liabilities of combatant status.)
As soon as captured, they are given an internment number.
Identify basic rules regarding proper treatment of detainees. (W)
o All Detainees will be treated humanely and with respect for their dignity. Assigned internment number
Adequate food, drinking water, shelter and clothing
Reasonable access to open air/contact w/ world
Safeguards for health and hygiene
Appropriate medical care
Free exercise of religion
Reasonable access to interpreters/translators
Outline the Law of War principle of Military Necessity. (W)
“Permits the application of that degree of regulated force, not otherwise prohibited by laws of war, required for the partial or complete submission of the enemy with the least expenditure of life, time, and physical resources”
- Limited to military objective (objects used by armed forces, site of special importance for mil ops, intended future use of an object, objects present function. Nature, Location, Purpose, Use)
What are indiscriminate weapons?
Weapons that cannot discriminate between lawful/unlawful targets (cluster bombs)
Outline the Law of War principle of Humanity. (W)
“Forbids the infliction of suffering, injury or destruction unnecessary to accomplish a legitimate military purpose.”
Outline the Law of War principle of Proportionality. (W)
“..even where one is justified in acting, one must not act in a way that is unreasonable or excessive.”
Outline the Law of War principle of Distinction. (W)
“Obligation of parties to conflicts to distinguish between combatant forces and the civilian population or individual civilians not taking a direct part in the hostilities”
Distinguishing between military and civilians.
Under the Rule of Honor, what is prohibited?
- Fairness in offense and defense, degree of mutual respect between opposing forces.
- Perfidy, which is a hostile act under the cover of a legal protection. (Ex: using a white flag to lure the enemy in closer)
Distinguish internationally recognized protected symbols and emblems from those that are not. (W)
Protected: Red cross, Red Crescent, Red Crystal
Identify characteristics of combatants. (W)
o Commanded by a person responsible for their subordinates.
o Have a fixed distinctive insignia
o Carry arms openly
o Conduct operations within laws and customs
If captured, they are entitled to POW status
Cite examples of individuals considered to be non-combatants. (W)
o Medical
o Chaplains
o Sick, Wounded, Shipwrecked
Recognize categories of personnel considered to be unlawful combatants. (W)
- Contractors who engage in hostilities on the offensive.
- any other individual who engage in hostile activity that are not lawful combatants.
Explain the status of civilian contractors in a deployed/contingency environment. (W)
- Can do security services, etc.
o Subject to UCMJ If employed by DoD
o Non-Combatants and should not be directly engaged in hostilities.
If they engage in hostilities on the offensive, then they enter a unlawful combatant status
Restate the requirements for reporting violations of the Law of War. (W)
AFI 51-401, The Law of War
o Report to immediate commander or another appropriate official
o Contractors report through their chain of command
o Safeguard information and evidence
- Disseminate to “Need to Know”
o Draw detailed sketches or take photos
o Identify all possible witnesses
o SJA Responsibilities
Notify proper investigating agencies
Assist and advise investigators
Review investigation summaries and reports
If reportable, forward initial ROI to TJAG
Restate key facts regarding the Joint Chief of Staff Standing Rules of Engagement.(W)
- Basic ROE document that provide the fundamental rules for applying the use of force by U.S. Military personnel worldwide.
- Applies to all U.S. Military
- Outside U.S. Territory – All military operations/contingencies
- Within U.S. Territory – Air and Maritime homeland defense missions
- Includes Standing Rules for the Use of Force – Civil support missions, homeland defense, LE functions
Explain the purpose and authority to issue supplemental rules of engagement. (W)
In addition to basic/fundamental SROE, commanders may obtain additional authority or restraints for specific missions.
o Designed to limit or grant authority for mission accomplishment
o Not intended to limit commander’s inherent right and obligation to self-defense
o Enables subordinate commanders to request additional measures or clarification
Approval authority depends on what action being requested. Could be Subordinate CC’s, COCOM, SECDEF, or POTUS.
Describe the steps required to determine current rules of engagement. (W)
Look at standing ROEs (or broad ROEs) and then narrow down to location, mission then supplemental ROEs.
Cite examples of a hostile act. (W)
- An attack or other use of force against the U.S., U.S. forces or other designated persons/property.
Ex: During your morning jog, the base alert system goes off to inform everyone of incoming rockets.
Ex: While on a convoy, your unit receives gun fire.
Explain hostile intent. (W)
- The threat of imminent use of force against the U.S., U.S. forces or other designated persons/property
Ex: While on a convoy, your unit notices three individuals who appear to be planting an IED.
Ex: During a village sweep, a large group of armed males approaches you.
Explain the purpose and principles of situation reports. (W)
- Purpose: To keep the MAJCOMs, services, Joint Staff, and SECDEF apprised of existing political, mil, and op situations/plans & to keep CCs advised of a unit’s ability to meet req’s outline in approved plans.
- Principles:
- Critical National or International Situations
- Natural / Manmade Disasters/ Emergency-relief efforts
- Significant events that impact unit readiness
- Other activities or ongoing operations to include DCSA
- Units receiving aircraft or personnel due to natural disaster
- When directed by higher headquarters
Who are the authorities for contracting in a deployed environment?
o Only authorized personnel may enter into contracts on behalf of the U.S. Government
o SECAF
o Heads of Contracting Activities (HCAs)
o Contracting Officers (COs) / Chief Contracting Officer
Identify common methods of contracting in a deployed environment. (W)
-Exhaust all other means first (Inter-Service Support Agreements, Other Government sources, Host Nation support, Coalition Partners).
- Firm Fixed Price (Primary type of contract)- contractor responsible for cost coverage & incentivizes to perform efficiently and economically.
- Requirements - Estab. min & max req. Contractor not obligated to fill orders beyond max.
- Indefinite Quantity - Estb’d. f/ a fixed period of time, deliveries placed upon orders. No min or max.
- Time and Materials - Used to cover costs of labor, materials, and overhead. Emergency repairs/mx.
Methods:
1. Sealed bidding - rarely used, lowest bidder
2. Negotations - Commonly used, based on “haggling f/ best values”.
3. Simplified acquisition procedures - f/ non-personal services, supplies, or construction. Do not require full & open competition/communication, cannot exceed $150k.
Recognize the key organizations involved in contracting during a deployment. (W)
o Contracting Office
o Legal Office
o Finance Office
o Contractor
o Joint Contracting Command
Identify common construction/contracting issues in a deployed environment. (W)
o Bribes
o Kickbacks - “F/ every 5 of these, we get 2”
o Price Fixing -
o Product Substitution - Are we guarantee’ d a product but they’re providing a substitution
o Government employee collusion - Are they working w/ a gov employee and getting favoritism?
Explain the primary uses of data gathered from After Action Reports. (W)
o Help fight a smarter, more capable fight
o Train for a particular contingency
o Help others benefit by those who have gone before
o Validates training
Must be done within 30 days of return from major exercise or deployment.
