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Paralegal Craftsman Course > Block V - Operations & International Law COPY > Flashcards

Block V - Operations & International Law COPY Flashcards

1
Q

Recognize the principles of AF Legal Support Doctrine. (W)

A

A- AFJAGC Support AF Ops
B- Legal Considerations in Air Force Operations (APPENDIX B). What is the mission?
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.

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2
Q

Describe the forms of classified communication technology used in The Judge Advocate General’s Corps. (W)

A
  1. 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
  2. Secret Internet Protocol Router Network (SIPRNet):
    - Networks used by DoD to transmit classified information (up to secret level)
  3. 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
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3
Q

Explain the force protection responsibilities of a deployed commander. (W)

A
  1. 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
  2. Commanders at every echelon (wing, group, squadron)
    - Retain ultimate responsibility for protecting persons & prop. subject to their control
    - Responsible f/ accomplishing force protection planning for units
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4
Q

Recognize characteristics of the various Force Protection Conditions (FPCON). (W)

Normal

A
  • 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.
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5
Q

Recognize characteristics of the various Force Protection Conditions (FPCON). (W)

FPCON Alpha

A
  • 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
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6
Q

Recognize characteristics of the various Force Protection Conditions (FPCON). (W)

FPCON Bravo

A
  • 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
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7
Q

Recognize characteristics of the various Force Protection Conditions (FPCON). (W)

FPCON Charlie

A
  • 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
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8
Q

Recognize characteristics of the various Force Protection Conditions (FPCON). (W)

FPCON Delta

A
  • 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
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9
Q

Restate the USAF use of Force Policy. (W)

A

“objectively reasonable “

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

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10
Q

Describe the right and obligation to exercise unit self-defense. (W)

A

Everyone has right to inherent self-defense. (for national security, assets, installation, etc).

Unit CC can limit right to exercise unit self-defense

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11
Q

Explain the structure of the Department of Homeland Security. (W)

A

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)
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12
Q

With reference to Homeland Security, discuss the Inspector General

A

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)

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13
Q

With reference to Homeland Security, discuss the Commandant of the Coast Guard

A

o Missions of the Coast Guard, responsible for:
- Ports, waterways, and coastal security
- Drug Interdiction
- Migrant Interdiction
- Defense Readiness

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14
Q

Cite examples of AF Support for Homeland Security missions. (W)

A

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 - Can send EOD, planes to hover, etc.

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15
Q

Identify the types of support U.S. may provide to support disaster relief operations. (W)

A
  1. Stafford Act
  2. Economy Act
  3. Immediate Response Authority
  4. Emergency Authority - Civil unrest
    - Does it violate Posse Comitatus Act?
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16
Q

Explain key personnel and their responsibilities within the Emergency Operations Center. (W)

A
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17
Q

Explain items required to be maintained in the Emergency Operations Kit. (W)

A
  • 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
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18
Q

Explain the role of the Emergency Operations Center legal team during disaster response situations. (W)

A
  1. Provides legal advice to CC on claims, jurisdiction, National Defense Areas, Posse Comitatus, and aircraft/missle accidents.
  2. Claims - ID of affected property owners, estb. temp. claims office.
  3. Jurisdiction - who owns the land, consent from landowner?
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19
Q

Define major accident with regard to EOC

A

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.

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20
Q

Cite examples of potential legal issues encountered during major accident response situations. (W)

A
  • 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

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21
Q

Explain the purpose and scope of Status of Forces Agreements. (W)

A

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

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22
Q

Define SOFA

A

An international agreement between sovereign States that outlines jurisdiction over armed forces operating abroad

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23
Q

Describe common privileges afforded through Status of Forces Agreements. (W)

A

Diplomatic immunity (from criminal jurisdiction w/in that state)

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24
Q

Define receiving and sending state

A

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”

25
Q

Define Bilateral and Multilateral Agreements

A

o Bilateral Agreement: between two parties
o Multilateral Agreement: between more than two parties

26
Q

Restate the authority for issuance of General Orders. (W)

A

Title 10 USC 164c, Combatant Commanders can issue

27
Q

Evaluate the scope, impact, and procedures to enforce General Orders. (W)

A

Purpose: to ID & regulate conduct that is prejudicial to the MX of GOAD of forces.

Applies to U.S. Military Personnel and Accompanying Civilians. GOs are enforced and are punitive orders.

28
Q

Explain U.S. policies and procedures for handling of Foreign Criminal Jurisdiction cases. (W)

A

We maximize jurisdiction over our personnel every time.

29
Q

Restate the responsibilities and timeliness for reporting Foreign Criminal Jurisdiction cases. (W)

A

o Annual Report
o Confinement Report
 Quarterly
o Trial Observer Report – as soon as possible
o Monthly Visitation Reports

o Serious or Unusual Incident Report
 Person placed into pretrial confinement
 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

30
Q

Identify basic facts regarding joint operations involving TJAGC members. (W)

A

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.

31
Q

Explain the role and responsibilities of the Joint Force Air Component Commander (JFACC). (W)

A

o Commanding AIR POWER
- 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

32
Q

Describe the designation of and role of the Commander Air Forces (COMAFFOR). (W)

A

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

33
Q

Cite examples of joint legal support functions during military operations. (W)

A

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.)

34
Q

Recognize rules governing Humanitarian Assistance and Disaster Response. (W)

A
  • 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.
35
Q

State basic facts regarding prisoner of war status. (W)

A
  • Members of Armed Forces
  • Must meet criteria for Combatant
    o If they are not a lawful combatant, they are not entitled to PoW status, which has specific rights
  • 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)
36
Q

Identify basic facts regarding rules for treatment of enemy prisoners of war. (W)

A
  • Treated humanely.
  • Basic food rations provided in sufficient quality & quantity.
  • Clothing shall be supplied to meet climate
  • Must take all necessary measures to ensure cleanliness and healthfulness to prevent epidemics.
37
Q

State basic facts regarding status of personnel during detainee operations. (W)

A
  1. Defined – Any individual captured by, or transferred to the custody or control of, DoD personnel pursuant to the law of war
  2. Classified as PoW, Retained Person (medical, chaplains, red cross staff, volunteer aid), Civilian Internee (civilian in custody of DoD during armed conflict) , or Unprivileged Belligerent “Unlawful Enemy Combatant”.

As soon as captured, they are given an internment number.

38
Q

Identify basic rules regarding proper treatment of detainees. (W)

A

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

39
Q

Outline the Law of War principle of Military Necessity. (W)

A

“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)

40
Q

Outline the Law of War principle of Humanity. (W)

A

“Forbids the infliction of suffering, injury or destruction unnecessary to accomplish a legitimate military purpose.”

41
Q

Outline the Law of War principle of Proportionality. (W)

A

“..even where one is justified in acting, one must not act in a way that is unreasonable or excessive.”

42
Q

Outline the Law of War principle of Distinction. (W)

A

“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.

43
Q

Under the Rule of Honor, what is prohibited?

A

Perfidy, which is a hostile act under the cover of a legal protection.

44
Q

Distinguish internationally recognized protected symbols and emblems from those that are not. (W)

A

Protected: Red cross, Red Crescent, Red Crystal

45
Q

Identify characteristics of combatants. (W)

A

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

46
Q

Cite examples of individuals considered to be non-combatants. (W)

A

o Medical
o Chaplains
o Sick, Wounded, Shipwrecked

47
Q

Recognize categories of personnel considered to be unlawful combatants. (W)

A
  • Contractors who engage in hostilities on the offensive.
  • any other individual who engage in hostile activity that are not lawful combatants.
48
Q

Explain the status of civilian contractors in a deployed/contingency environment. (W)

A

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

49
Q

Restate the requirements for reporting violations of the Law of War. (W)

A

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
o 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

50
Q

Restate key facts regarding the Joint Chief of Staff Standing Rules of Engagement.(W)

A
  • Basic ROE document that provide the fundamental rules applying the use of force by U.S. Military personnel worldwide
  • First issued in 1994 (revised in 2000 & 2005)
  • Chairman’s Instruction plus Enclosures / Appendices
  • Applies to all U.S. Military
  • Outside U.S. Territory – 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
51
Q

Explain the purpose and authority to issue supplemental rules of engagement. (W)

A

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.

52
Q

Describe the steps required to determine current rules of engagement. (W)

A

Look at standing ROEs (or broad ROEs) and then narrow down to mission or supplemental ROEs.

53
Q

Cite examples of a hostile act. (W)

A
  • 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.

54
Q

Explain hostile intent. (W)

A
  • 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.

55
Q

Explain the purpose and principles of situation reports. (W)

A
  1. Purpose: To keep the MAJCOMs, services, Joint Staff, and SECDEF apprised of existing political, military, and operational situations/plans and to keep commanders advised of a unit’s ability to meet requirements outline in approved plans.
  2. Principles:
    -Critical National or International Situations
    - Natural / Manmade Disasters/ Emergency-relief efforts
    - Other activities or ongoing operations to include DCSA
    - Units receiving aircraft or personnel due to natural disaster
    - When directed by higher headquarters
56
Q

Identify common methods of contracting in a deployed environment. (W)

A

-Exhaust all other means first (our stuff, Host Nation support, etc)

  1. Firm Fixed Price (Primary type of contract)- contractor responsible for cost coverage & incentivizes to perform efficiently and economically.

2.Requirements - Estab. min & max req. Contractor not obligated to fill orders beyond max.

  1. Indefinite Quantity - Estb’d. f/ a fixed period of time, deliveries placed upon orders. No min or max.
  2. 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 “best values”
3. Simplified acquisition procedures - f. non-personal services, supplies, or construction. Do not require full & open communication, cannot exceed $150k.

57
Q

Recognize the key organizations involved in contracting during a deployment. (W)

A

o Contracting Office
o Legal Office
o Finance Office
o Contractor
o Joint Contracting Command

58
Q

Identify common construction/contracting issues in a deployed environment. (W)

A

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?

59
Q

Explain the primary uses of data gathered from After Action Reports. (W)

A

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

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