The Largest Security-Cleared Career Network for Defense and Intelligence Jobs - JOIN NOW

Military

Endnotes

1 In this manual, "operations" include war and MOOTW, but not garrison operations.

2 See Dep't of Army, Field Manual 100-5, Operations at v (1993).

3 See generally Major Paul H. Herbert, Combat Studies Institute, Leavenworth Paper No. 16, Deciding What Has to Be Done: General William E. Depuy and the 1976 Edition of Field Manual 100-5, Operations 3-9 (1988) (describing the function of doctrine in an army and charting the modern practice of publishing doctrine in manuals).

4 Timothy T. Lupfer, Combat Studies Institute, Leavenworth Paper No. 4, The Dynamics of Doctrine: The Changes in German Tactical Doctrine During the First World War 55 (1981).

5 Knowledge and Speed: Battle Force and the U.S. Army of 2025, The 1998 Annual Report on The Army After Next Project to the Chief of Staff of the Army, Headquarters, U.S. Army Training and Doctrine Command, (7 December 1998).

6 Major General Walter B. Huffman, Address at the Judge Advocate General's Corps World Wide Continuing Legal Education Plenary Session (October 1997).

7 The Army Lawyer: A History of the Judge Advocate General's Corps, 1775-1975, 12-13 (1975).

8 417 U.S. 733, 742 (1974) (quoting United States ex rel. 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)).

9 Dep't of Army, Army Vision 2010, 2. Represented by the acronym LDRSHIP.

10 Dep't of Army, Field Manual 100-5, Operations (June 1993).

11 See The Army Lawyer: A History of the Judge Advocate General's Corps, 1775-1975, 105 (1975).

12 LTC Michelle M. Miller, Former Task Force Eagle Staff Judge Advocate, 1998-1999.

13 See, e.g., American Bar Ass'n, Code of Judicial Conduct at Canons 1 to 7 (1972).

14 See Dep't of Army, Reg. 27-26, Rules of Professional Conduct for Lawyers at Rules 3.1 to 4.4 (1 May 1992).

15 Chairman of the Joint Chiefs of Staff, Joint Vision 2010, 8.

16 Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, Executive Summary, The Strategy, Elements of Strategy, Responding to the Full Spectrum of Crises (1997).

17 Department of the Army, Army Vision 2010, 5.

18 See Department of the Army, One Team - One Fight - One Future, 8; Search of Requirements Document System, Department of the Army (21 Sep 1999).

19 The White House, A National Security Strategy for A New Century, 7 (October 1998).

20 See Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, Executive Summary, Executive Summary, The Strategy, National Military Objectives (1997).

21 See Department of the Army, Army Vision 2010, 8,9

22 See Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, The Joint Force, Characteristics of a Full Spectrum Force (1997); Chairman of the Joint Chiefs of Staff, Joint Vision 2010, 9.

23 Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, The Joint Force, Characteristics of a Full Spectrum Force, Interoperable (1997).

24 Chairman of the Joint Chiefs of Staff, Joint Vision 2010, 28-29.

25 See Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, Executive Summary, The Strategic Environment - Opportunities and Challenges (1997).

26 The White House, A National Security Strategy for A New Century, 13 (October 1998).

27 See The White House, A National Security Strategy for A New Century, 14-22 (October 1998).

28 The White House, A National Security Strategy for A New Century, 22 (October 1998).

29 Chairman of the Joint Chiefs of Staff, Joint Vision 2010, 31.

30 Department of the Army, One Team - One Fight - One Future, 13.

31 Chairman of the Joint Chiefs of Staff, Joint Vision 2010, 11.

32 See Chairman of the Joint Chiefs of Staff, Joint Vision 2010, 13-15.

33 See Dep't of Army, Regulation 27-3, Legal Assistance, Paragraph 2-3 - Legal Assistance Offices (10 March 1989).

34 See The White House, A National Security Strategy for A New Century, 2 (October 1998).

35 The White House, A National Security Strategy for A New Century, 13 (October 1998).

36 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1 - The Judge Advocate General (3 February 1995).

37 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-2 - The Assistant Judge Advocate General (TAJAG) (3 February 1995).

38 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-3 - The Assistant Judge Advocate General for Civil Law and Litigation (AJAG/CLL) (3 February 1995).

39 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-4 - The Assistant Judge Advocate General for Military Law and Operations (AJAG/MLO) (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't of Army, Regulation 27-1, Judge Advocate 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 Mission in Haiti); and Center for Law and Military Operations, Law and Military Operations in the Balkans, 1994-1998, at 210-213 (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 (11 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, Regulation 500-5, Army Mobilization, Annex L, Legal Services (19 June 1998).

48 Dep't of Army, Regulation 27-1, Judge Advocate 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 Manual for Courts-Martial, United States (1995 edition), Part I (Preamble), Paragraph 3.

50 Dep't of Army, Regulation 27-10, Military Justice, Paragraph 1-4 - Responsibilities (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't of Army, Regulation 27-10, Military Justice, Paragraph 3-3 - Action by the superior authority (24 June 1996).

53 See Dep't of Army, Regulation 27-10, Military Justice, Chapter 5 - Procedures for Courts-Martial; Paragraph 18-6 - General; and Paragraph 19-7 - Course development and Instruction (24 June 1996).

54 Dep't of Army, Regulation 27-10, Military Justice, Paragraph 6-3 - Organization (24 June 1996).

55 See Dep't of Army, Regulation 27-10, Military Justice, Paragraph 8-1d - 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't of Army, Regulation 27-10, Military Justice, Paragraph 8-4 - Functions and duties of military judges (24 June 1996).

57 See Dep't of Army, Regulation 27-10, Military Justice, Paragraph 9-3 - Powers of military magistrates (24 June 1996).

58 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Chapter 20 (1998); Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 170-181 (1998).

59 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook 20-1 through 20-3 (1998); Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 170-173 (1998).

60 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook 20-2 (1998); Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 173-174 (1998).

61 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 173-174 (1998).

62 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 178 (1998).

63 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1g - International and Operational Law responsibilities (3 February 1995).

64 See Dep't of Army, Regulation 27-1, Judge Advocate 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't of Army, Field Manual 27-100, Legal Operations, Paragraph 1-9e - International Law (3 September 1991); International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook 2-1 (1998); Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 76 (1998).

65 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 79 (1998).

66 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 121 (1998).

67 See Dep't of Army Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1 - The Judge Advocate General, subparagraph e (3 February 1995).

68 See Dep't of Army Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1 - The Judge Advocate General, Paragraph 2-1z - Ethics responsibilities, and Paragraph 5-2 - Responsibilities of supervisory judge advocates (3 February 1995).

69 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, Page 184 (13 November 1998).

70 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, Page 182 (concerning family care plans) (13 November 1998).

71 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, Page 185 (concerning foreign gifts) (13 November 1998).

72 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, Page 185-6 (13 November 1998).

73 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, Page 186 (13 November 1998).

74 See Dep't of Army Regulation 27-1, Judge Advocate 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't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 5-2a(3)(a) - Contracts (stating that the supervisory judge 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.") (3 February 1995); Office of The Judge Advocate General, Dep't of Army, Legal Services Study Report, Volume II - Subcommittee Reports, Section C - Contract and Fiscal Law, Paragraph 6 - Functional Tasks (March 1998).

76 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 15-4 - Principles of contract law practice (3 February 1995).

77 See Dep't of Army, Regulation 200-1, Environmental Protection and Enhancement, Glossary (citing the elements of the environment) (21 February 1997).

78 See Dep't of Army Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1 - The Judge Advocate General, subparagraph w, and Paragraph 5-2 - Responsibilities of supervisory judge advocates (3 February 1995); Dep't of Army, Regulation 200-1, Environmental Protection and Enhancement, Paragraph 1.17 - The Judge Advocate General (21 February 1997).

79 See, e.g., Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, 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).

80 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 14-10 (1998) (citing Dep't of Defense, joint Pub. 4-04, Joint Doctrine for Civil Engineering Support, II-8 (26 September 1995)).

81 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 168 (1998).

82 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 53 and 142-154 (1998).

83 See Center for Law and Military Operations, Law and Military Operations in the Balkans 1995-1998, at 143-144 (1998).

84 See, e.g., Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 15-5a - Disputes support (3 February 1995).

85 Dep't of 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 Office of The Judge Advocate General, Dep't of Army, Legal Services Study Report, Volume II - Subcommittee Reports, Section B - Claims, General Description of Function, subparagraph a (March 1998); Dep't of Army, Field Manual 27-100, Legal Operations, Paragraph 1-9b - Claims (3 September 1991).

86 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-1 (1998).

87 See Office of The Judge Advocate General, Dep't of Army, Legal Services Study Report, Volume II - Subcommittee Reports, Section B - Claims, General Description of Function, subparagraph b (March 1998).

88 See Dep't of Army, Regulation 27-20, Claims, Paragraph 1-5 - Command and organizational relationships (31 December 1997).

89 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1j - Claims responsibilities (3 February 1995); Dep't of Army, Regulation 27-20, Claims, Paragraph 1-5 - Command and organizational relationships (31 December 1997).

90 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1j - Claims responsibilities (3 February 1995); Dep't of Army, Regulation 27-20, Claims, Paragraph 1-9 - The Commander, USARCS (31 December 1997).

91 See Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 5-2 - Responsibilities of supervisory judge advocates (3 February 1995); Dep't of Army, Regulation 27-20, Claims, Paragraph 1-17 - Operations of claims components (31 December 1997).

92 See Dep't of Army, Regulation 27-20, Claims, Paragraph 1-17 - Operations of claims components (31 December 1997).

93 See Dep't of Army, Regulation 27-20, Claims, Paragraph 1-17 - Operations of claims components (31 December 1997).

94 See Office of The Judge Advocate General, Dep't of Army, Legal Services Study Report, Volume II - Subcommittee Reports, Section B - Claims, Environment in Which Services Are Performed, subparagraph a (March 1998).

95 See Dep't of Army, Regulation 27-20, Claims, Paragraph 2-2d(1)(a) (31 December 1997); Dep't of Army, Pamphlet 27-162, Claims, Paragraph 2-2c(4) - Unit Claims Officers, and Paragraph 2-34a - Unit Claims Officer (1 April 1998); International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-6, 18 (1998).

96 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-19 (1998).

97 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Pages 23-4, 7, & 20 (1998); Center for Law and Military Operations, Law and Military Operations 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 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-6, 18 (1998).

99 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-19 (1998).

100 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-19, 20 (1998).

101 See Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 161 (13 November 1998).

102 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-18 through 20 (1998); Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 158 (13 November 1998).

103 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 23-8 (1998); Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 157-8 (13 November 1998).

104 Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 181 (quoting CPT Nicole Farmer, Chief of Legal Assistance, 1st Armored Division Fwd) (13 November 1998).

105 See 10 U.S.C.A. section 1044 (West 1998).

106 Dep't of Army, Regulation 27-1, Judge Advocate Legal Services, Paragraph 2-1l - Legal assistance responsibilities (3 February 1995); see also Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 2-1a - General (10 September 1995).

107 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 22-1(1998).

108 See Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 3-2 - Types of legal assistance services (10 September 1995).

109 See Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 3-7 - Types of services (10 September 1995).

110 See Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 3-6 - Types of cases (10 September 1995).

111 See Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 181 (13 November 1998).

112 See Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 3-3 - General, and Paragraph 3-4 - Preventive law measures (10 September 1995).

113 See Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 2-1b(1) - Readiness (10 September 1995).

114 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Pages 13-3 and 13-10 (1998).

115 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Pages 22-1 through 22-8 (1998).

116 See Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 183 (13 November 1998).

117 See Dep't of Army, Regulation 27-3, Army Legal Assistance Program, Paragraph 1-4c - (10 September 1995); see Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 181 (noting Trial Defense Counsel support for legal assistance) (13 November 1998).

118 See Center for Law and Military Operations, Law and Military Operations in the Balkans, 1995-1998, Page 183 (noting an extensive tax program despite the availability of filing extensions) (13 November 1998).

119 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 22-9 (1998).

120 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Page 22-9 (1998).

121 Daniel K. Bolger, Savage Peace: Americans At War In The 1990s 92 (1995).

122 Lieutenant Colonel David E. Graham, Operational Law (OPLAW): A Concept Comes of Age, Army L., Jul. 1987, at 9.

123 Unless otherwise noted, the terms used in this chapter are defined at various places in the following references. Dep't Of Defense, Joint Pub. 1-02, Dep't Of Defense Dictionary Of Military And Associated Terms (1 Dec. 1989) [hereinafter Joint Pub. 1-02]; Dep't Of Defense, Joint Pub. 3-0, Doctrine For Joint Operations (1 Feb. 1995) [hereinafter Joint Pub. 3-0]; Dep't Of Army, Field Manual 100-7, Decisive Force: The Army In Theater Operations (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.

124 See generally FM 100-7, Chapter 1, supra note .

125 The dominant geographic characteristic of a littoral theater is a peninsula or coastline. See FM 100-7, supra note , at 2-18; Joint Pub. 3-0, supra note 3, at IV-17.

126 See FM 100-7, supra note , at v.

127 See generally FM 100-7, Chapter 2, supra note .

128 See Joint Pub. 1-02, supra note , at 89. The 1991 version of FM 27-100 discussed the COMMZ and the CZ in Chapter 5. See Dep't Of Army, FM 27-100, Legal Operations (1991) [hereinafter FM 27-100].

129 Joint Pub. 1-02, Dep't of Defense Dictionary of Military and Associated Terms at 117 (23 March 1994, as amended through 6 April 1999).

130 See FM 100-7, supra note , at 2-21.

131 This essential distinction appears in Chapter 7 of the May 1996 Draft FM 27-100. See The Judge Advocate General's School, Developments, Doctrine, and Literature Department, FM 27-100, Legal Support Operations 7-2 (May 1996) (Draft) [hereinafter May 1996 Draft].

132 This summary is adapted from FM 100-7, supra note , at 2-3.

133 See discussion of the METT-TC factors in FM 100-7, Chapter 3 supra note .

134 See generally Dep't Of Defense, Joint Pub. 0-2, Unified Action Armed Forces (24 February 1995).

135 Joint Pub 1-02, Dep't of Defense Dictionary of Military and Associated Terms 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. 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 distributed 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 Officer, 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 attaché. See generally Defense Institute Of Security Assistance Management, The Management Of Security Assistance 105-06 (18th ed., 1998) [hereinafter Management Of Security Assistance]; Dep't Of Army, Field Manual 100-20, Military Operations In Low Intensity Conflict (5 Dec. 1990).

137 A simplistic view of the cycle conceives a circle consisting of four iterative stages: information; planning; decision; and execution. See United States Army Command And General Staff College, Student Text 100-9, The Tactical Decision-making Process at 1-1 (July 1993) [hereinafter ST 100-9].

138 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.

139 See FM 101-5, Dep't Of Army, Field Manual 101-5, Staff Organization And Operations, H-33 and H-34 (1997).

140 See Student Text 100-9, supra note , at 1-3 to 1-5.

141 See FM 101-5, supra note , at 5-27 to 5-28.

142 See FM 101-5, supra note , at 5-5.

143 See FM 101-5, supra note , at 5-7 to 5-8.

144 See, e.g., Office of the Staff Judge Advocate, 82d Airborne Div., Soldier's Handbook and Office METL (13 June 1997); Chief, International and Operational Law, V Corps, Deployment Standing Operating Procedure (1989); Office of the Staff Judge Advocate, 25th Infantry Division (Light), Deployment Standing Operating Procedure and Operational Law Handbook (1987); Office of the Staff Judge Advocate, 101st Airborne Division (Air Assault), Deployment Standards and Procedures: A Handbook to Guide the Transition to War (17 Sept. 1992); Office of the Staff Judge Advocate, 1st Cavalry Division, Deployment Handbook (1993).

145 22 10 U.S.C. 3062.

146 This summary is adapted from FM 100-7, supra note , at 6-15, and Dep't Of Army, Field Manual 100-11, Force Integration, Chapter 2, Section IV, Force Projection Operations (15 Jan. 1995).

147 See genrally Dep't of Army, Reg. 500-5, Army Mobilization (7 June 1996). See also Dep't of Army, Field Manual 100-17, Mobilization, Deployment, Redeployment, Demobilization (28 Oct. 1992).

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

149 See Dep't Of Army, Field Manual 101-5, Staff Organization And Operations at I-2 and I-3 (1997).

150 See id; Dep't Of Army, Reg. 600-20, Army Command Policy, para. 2-2 (29 Apr. 1988) [hereinafter AR 600-20].

151 For further information on the material in this section, see generally Center For Law And Military Operations, The Judge Advocate Warfighting Experiment (JAWE): Final Report (1997).

152 Compare material in this part to Dep't Of Army, Field Manual 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't Of Army, Field Manual 25-100, Training The Force (15 Nov. 1988); Dep't Of Army, Field Manual 25-101, Battle Focused Training (30 Sep. 1990); Lieutenant General Arthur S. Collins, Jr., Common Sense Training (19??xx); Center For Law And Military Operations, In The Operations Center: A Judge Advocate's Guide To The Battle Command Training Program (1996); Center For Law And Military Operations, Tackling The Contingency Deployment: A Judge Advocate's Guide To The Joint Readiness Training Center (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't Of Army, Field Manual 100-5, Operations 5-1 (1993) [hereinafter FM 100-5]. 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.

155 See to Dep't Of Army, Field Manual 27-100, Training the Force, at 2-4 (15 Nov. 1988).

156 See the discussion of the DSJA in The Judge Advocate General's School, Developments, Doctrine, and Literature Department, Field Manual 27-100, Legal Support Operations, Chapter 2 (May 1996) (Draft).

157 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. A/32/144, art. 82, reprinted in Dep't of Army, Pamphlet 27-1-1 [hereinafter DA Pam 27-1-1, Protocol I], 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.").

158 See Dep't Of Defense, Dir. 5100.77, DoD Law Of War Program (9 Dec. 1998); The Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff Instruction 5810.01, Implementation of the DoD Law Of War Program (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, 292030Z OCT84, FORSCOM, subject: Review of Operations Plans.

159 Dep't Of Army, Reg. 27-1, Judge Advocate 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 Advocate General's School, United States Army, Operational Law Handbook 1-2 (JA422) (7th ed. 1998) [hereinafter OP. LAW HANDBOOK].

161 These training guidance documents also frequently describe the following: Commander's training philosophy, mission essential task list and associated battle tasks, combined arms training, major training events and exercises, leader training, individual training, mandatory training, standardization, training evaluation and feedback, new equipment training and other force integration considerations, resource allocation, and training management. See FM 25-100, supra note , at 3-5 to 3-6.

162 Id. at 3-17.

163 The material contained in this section is closely adapted from the following sources: FM 100-5, supra note at 2-20; Joint Chiefs Of Staff, Publication 3-05, Doctrine For Joint Special Operations (Oct. 1992); Dep't Of Army, Field Manual 33-1, Psychological Operations (Jul. 1987); Joint Chiefs Of Staff, Publication 3-53, Joint Psychological Operations Doctrine (Feb. 1987); Doctrine For Joint Special Operations (Oct. 1992); Dep't Of Army, Field Manual 41-10, Civil Affairs Operations (11 Jan. 1993); Dep't Of Army, Field Manual 100-25, Doctrine 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 generally FM 100-5, Chapter 3, supra note .

165 Compare the material in this section with the 1991 Version of FM 27-100, Dep't Of Army, Field Manual 27-100, Legal Operations.

166 Compare the material in this section with the 1991 Version of FM 27-100, Dep't Of Army, Field Manual 27-100, Legal Operations.

167 Dep't of Defense, Dir. 5100.77, DOD Law of War Program, paragraph 5.3.1 (9 Dec 98); Chairman of the Joint Chiefs of Staff Instruction, 5810.01, Implementation of the DOD Law of War Program (12 Aug 96).

168 Memorandum From Hays Parks to the U.S. Army Judge Advocate General (1 Oct 90).

169 Dep't of Army, Field Manual 100-5, Operations, 2-6 (June 1993).

170 Colonel Frederic L. Borch III, Judge Advocates in Combat.

171 Peter Paret, Napoleon and the Revolution in War, in Makers of Modern Strategy From Machiavelli to the Nuclear Age 123, 129, 136 (Peter Paret ed. 1986) [hereinafter Makers of Modern 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.").

172 Quincy Wright, A Study of War 1322 (1942).

173 See, e.g., Dep't of Army, Field Manual 100-5, Operations, at 6-7 and 6-8 (June 1993).

174 This paragraph closely follows the language of General Fred Franks in Tom Clancy and General Fred Franks, Jr. (Ret.), Into the Storm: A Study in Command 148 (1997).

175 Peter Paret, Clausewitz, in Makers of Modern Strategy, supra note , at 186, 200 (quoting Carl von Clausewitz, On War bk. I, ch. I, pp. 87 (1818) (Peter Paret and Michael Howard trans. and ed. 1984).

176 Id. at 199. See also Russell F. Weigley, American Strategy from its Beginnings through the First World War, in Makers of Modern Strategy, supra note , 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 turn 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 Emerich de Vattel's Droit des gens of 1758. On occasion, the standards of jus ad bellum and jus in bello were applied to even Indian wars, as when the Connecticut government refused to assist Massachusetts in an Indian conflict that Connecticut judged unjust. If it was much more common to consider the Indian outside the protection of the Christian laws of war, the Americans nevertheless explicitly acknowledged those laws as applicable to their own conflicts with Europeans, even amid the violent emotions of the American Revolution.").

177 See Field Manual 100-5, Dep't of Army, Field Manual 100-5, Operations, 6-9 (June 1993).

178 The Joint Chiefs of Staff, Joint Publication 1-02, DoD Dictionary of Military and Associated Terms, 452 (As amended through 29 June 1999).

179 See Dep't of Army, STP 21-1-SMCT, Soldier's Manual of Common Tasks, Skill Level 1 546 (1 Oct. 1994) (Task No. 181-906-1505) ("Conduct Combat Operations According to the Law of War").

180 See Field Manual 100-5, Dep't of Army, Field Manual 100-5, Operations, 2-5 (June 1993).

181 See Dep't of Army, Field Manual 71-100, Division Operations, at 3-5 (28 Aug. 1996).

182 See Dep't of Army, Field Manual 6-20-10, Tactics, Techniques, and Procedures for The Targeting Process at 4-16 (8 May 1996) ("During certain operations, personnel and agencies that will support the targeting process could include the following: staff judge advocate. . . ").

183 See FM 71-100, Dep't of Army, Field Manual 71-100, Division Operations, at 3-13 and 3-14 (28 Aug. 1996).

184 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.

185 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 1-2 (11 December 1995) (footnotes omitted).

186 The Joint Chiefs of Staff, Joint Pub. 1-02, Department of Defense Dictionary of Military and Associated Terms, 300, (23 March 1994, as amended through 7 December 1998).

187 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, vii (16 June 1995).

188 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, Chapter III (16 June 1995) (describing current joint doctrinal types of MOOTW); Compare with U.S. Dep't of 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 Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War (16 June 1995); The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID) (26 June 1996); The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism (17 March 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics Techniques and Procedures for Peace Operations (12 February 1999); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations (17 February 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations (30 September 1997); U.S. Dep't of Army, Field Manual 100-5, Operations (14 June 1993) (pending revision); U.S. Dep't of Army, Field Manual 100-20, Military Operations in Low Intensity Conflict (5 December 1990) (pending revision); U.S. Dep't of Army, Field Manual 100-23, Peace Operations (30 December 1994) (pending revision); U.S. Dep't of Army, Field Manual 100-23-1, HA Multiservice Procedures for Humanitarian Assistance (31 October 1994).

190 The White House, A National Security Strategy For A New Century, 1 (October 1998).

191 The White House, A National Security Strategy For A New Century, 1 (October 1998).

192 See generally The White House, A National Security Strategy For A New Century, 1-14 (October 1998).

193 The White House, A National Security Strategy For A New Century, 2 (October 1998).

194 The White House, A National Security Strategy For A New Century, 7 (October 1998).

195 See, e.g., The White House, A National Security Strategy For A New Century, 8 (October 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), I-4 (26 June 1996); The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, III-2,3 (17 March 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-8 (Figure I-3) & IV-6 (17 February 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, vii (30 September 1997).

196 Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, Executive Summary, The Strategy, National Military Objectives (1997).

197 Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, Executive Summary, The Strategy, Elements of Strategy (1997).

198 See Chairman of the Joint Chiefs of Staff, National Military Strategy of the USA, The Strategy - Shape, Respond, Prepare Now, Elements of the Strategy: Shape, Respond, Prepare Now, Promoting Stability (1997).

199 See The White House, A National Security Strategy For A New Century, 15-18 (October 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, III-1,2 (17 March 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-2,3 (17 February 1998).

200 See Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-12 (16 June 1995).

201 See Chairman of the Joint Chiefs 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); The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-1,2 (16 June 1995).

202 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-11 (16 June 1995); see also Headquarters, Department of the Army, Joint Plan for DoD Non-combatant Repatriation (11 August 1999).

203 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-4 (16 June 1995).

204 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-4 (16 June 1995).

205 U.S. Dep't of Army, Field Manual 100-23, Peace Operations (30 December 1994) (pending revision).

206 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, I-2 (16 June 1995) (emphasis omitted).

207 See, e.g., Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 12 (11 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, 49th Sess., S/RES/940 (1994)); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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).

208 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, I-2 (16 June 1995) (noting DoD's supportive role to DoS in Humanitarian Assistance); The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, III-2 (17 March 1998) (stating that DoS is the lead agency for terrorism outside the U.S.); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-8 (Figure I-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 Noncombatant Evacuation Operations, I-2 (30 September 1997) (noting that the Ambassador is the senior U.S. authority responsible for the evacuation).

209 See The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), III-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).

210 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, I-2 (16 June 1995).

211 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, I-2 (16 June 1995).

212 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, I-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.").

213 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-9 (16 June 1995); see also Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 12-24 (11 December 1995) (describing the Multinational Force and UN Mission in Haiti); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 41-42 (13 November 1998) (describing the framework and composition of the Implementation Force in Bosnia).

214 See, e.g., Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 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).

215 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-9 (16 June 1995); The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), II-8 & App A (26 June 1996); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-8, IV-5, & App B (17 February 1998).

216 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, I-6 (16 June 1995) (emphasis omitted); see also, The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), I-5 to I-14 (26 June 1996) (describing various types of MOOTW that may support foreign internal defense).

217 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, ix, x, I-7, & I-11 (16 June 1995).

218 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 12-24 (11 December 1995).

219 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-2 (16 June 1995).

220 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-6 & 7 (16 June 1995).

221 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-11 (16 June 1995).

222 See The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), III-7 (26 June 1996).

223 See The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, VI-6 (17 March 1998); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-10 (17 February 1998).

224 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, VI-9 (30 September 1997).

225 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, 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 Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), viii & ix (26 June 1996); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, II-6 (30 September 1997).

226 The White House, A National Security Strategy For A New Century, 21 (October 1998).

227 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-5 (16 June 1995).

228 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 22-23 (11 December 1995).

229 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 41 (13 November 1998).

230 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, ix (16 June 1995).

231 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, II-3 (16 June 1995).

232 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-8 (16 June 1995) (emphasis omitted).

233 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-7 (16 June 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 93-4 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 44 (13 November 1998) (discussing the Civil-Military Cooperation Team, or CIMIC, which performed the CMOC function).

234 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 297-8 (11 December 1995).

235 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 43-4 (13 November 1998).

236 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, ix & IV-8 (16 June 1995).

237 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-1 (16 June 1995).

238 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-2 (16 June 1995).

239 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-2 (16 June 1995).

240 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-2 (16 June 1995); The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, I-1 (17 March 1998).

241 The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, I-1 (17 March 1998).

242 See The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, IV-1,2 (17 March 1998).

243 The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, V-1 (17 March 1998).

244 The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, I-2 (17 March 1998); The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-3 (16 June 1995).

245 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-2 (16 June 1995).

246 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-3 (16 June 1995).

247 See The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-3 (17 February 1998).

248 See The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-14 (17 February 1998).

249 See The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-14 (17 February 1998).

250 See The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, IV-7,8 (17 February 1998).

251 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-3,4 (16 June 1995).

252 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-3,4 (16 June 1995).

253 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-4 (16 June 1995).

254 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-4 (16 June 1995) (emphasis omitted).

255 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-4 through 8 (16 June 1995); see also The Joint Chiefs of Staff, Joint Pub. 3-07.6, Foreign Humanitarian Assistance 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 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-9 (16 June 1995) (emphasis omitted).

257 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-9 (16 June 1995).

258 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-9 (16 June 1995).

259 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-9 (16 June 1995).

260 See The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), viii (26 June 1996).

261 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-10 (16 June 1995) (emphasis omitted).

262 See 10 U.S.C.A. section 401(West 1998); The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-10 (16 June 1995).

263 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-11 (16 June 1995); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, vii (30 September 1997).

264 The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, vii (30 September 1997).

265 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, V-12 through 14 (30 September 1997).

266 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, x (30 September 1997).

267 See generally, The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, Chapter VI (30 September 1997).

268 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-12 (16 June 1995) (emphasis omitted); see also The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-6,7 (12 February 1999).

269 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-13,14 (16 June 1995); see also The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, vii (12 February 1999).

270 The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-6 (12 February 1999) (emphasis omitted).

271 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-11 through 14 (12 February 1999).

272 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-17 through 24 (12 February 1999).

273 The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-7 (12 February 1999) (emphasis omitted).

274 The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, III-4 (12 February 1999) (emphasis omitted), and III-4 through 6 (describing each task and including internment and resettlement operations).

275 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, III-7 through 13 (12 February 1999).

276 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-14 (16 June 1995) (emphasis omitted).

277 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-14 (16 June 1995).

278 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-14,15 (16 June 1995).

279 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-14,15 (16 June 1995).

280 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-15 (16 June 1995) (emphasis omitted).

281 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-15 (16 June 1995) (emphasis omitted).

282 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-15 (16 June 1995).

283 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, III-15 (16 June 1995).

284 Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention, 1 Bevans 631 (signed Oct. 1907 at the Hague).

285 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, ix (16 June 1995); See The Joint Chiefs of Staff, Joint Pub. 3-07.6, Foreign Humanitarian Assistance, x (to be published).

286 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 25-30 (11 December 1995).

287 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 50 & 82-84 (13 November 1998).

288 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 25 (11 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Chapter 14 (1998).

290 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Chapter 2 & Page 8-10 (1998).

291 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 2-1 (1998).

292 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 2-1 (1998).

293 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, II-5 (16 June 1995).

294 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 48 (11 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 Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-21 (12 February 1999) ("In PO [peace operations], the force generally conducts operations based on a mandate that describes the scope of operations."); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 76 (13 November 1998) (listing legal authorities and operational documents defining the scope of the Bosnia mission).

296 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 48 (11 December 1995) (regarding the timing of deployment); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 76 (13 November 1998) (regarding timelines for action).

297 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 8-9 (1998); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and 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).

298 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 8-9 (1998); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 76-7 (13 November 1998).

299 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-22 (12 February 1999) (noting that terms of reference describe command relationships and coordination requirements); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 48-9 (11 December 1995) (describing the Carter-Jonassaint agreement's provision regarding the relationship between U.S. forces in Haiti and the Haitian military and police); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in 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 Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 8-9 (1998).

301 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-9 (16 June 1995) (citing the prominence of logistics elements in MOOTW and their obligation to adhere to applicable status of forces agreements); The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), V-3 (26 June 1996) (noting the application of status of forces agreements to foreign internal defense operations); The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-21 (12 February 1999) (noting the status of forces agreement as a key document in peace operations); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-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 Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation 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, The Judge Advocate General's School, United States Army, Operational Law Handbook, 12-9 to 12-26 (1998).

303 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 50-51 (11 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."); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 151 (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).

304 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 12-1 (1998).

305 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 12-1 (1998) (citing Dep't of Army, Regulation 550-51, Foreign Countries and National: Authority and Responsibility for Negotiating, Concluding, Forwarding, and Depositing of International Agreements (1 May 1985)).

306 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 12-1 (1998) ("SOFAs were concluded with Grenada and Kuwait after combat operations in those countries."); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 52 (11 December 1995) (noting that the SOFA with Haiti was concluded three months after the operation began); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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 Judge Advocate General's School, United States Army, Operational Law Handbook, 8-11,12 (1998).

308 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 8-11 & 12-1 (1998).

309 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, L-2 (17 March 1998) (containing a table listing the jurisdictional authorities for responding to terrorism at various phases of an incident); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, I-2 (30 September 1997) (describing the relative roles of the Ambassador and JTF Commander in noncombatant evacuation operations); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 76-77 (13 November 1998) (describing the IFOR commander's authority in relation to the Entity Armed Forces).

310 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, x, I-14 & 15, (12 February 1999) (noting coordination and liaison 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, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, 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 Guide to 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 43, 91, & 96-97 (11 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.); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 61 (13 November 1998) (describing concerns participating nations may have about riot control agents and the definition of hostile intent).

312 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 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 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 94-95 (11 December 1995) (noting Judge Advocate participation in Civil-Military Operations Centers and the value of Judge Advocate liaison with the ICRC); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 43-44 (11 December 1995) (recommending the Judge Advocates take the initiative in developing acceptable rules of engagement); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 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 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Chapter 9 (1998).

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

317 See The Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff Instruction 3121.01, Standing Rules of Engagement for US Forces, Enclosure A, paragraph 2a (1 October 1994).

318 See The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-10 (17 February 1998) (stating that counter-drug operations are conducted under the Standing ROE); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, 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 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and 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 Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, II-4 (16 June 1995).

320 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, II-4 (16 June 1995); see also The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), I-14 (26 June 1996) (stating the requirement for judicious use of force in foreign internal defense missions); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 34-35 (11 December 1995) (noting that either over-tentativeness or over-aggressiveness can hinder the mission); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 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 Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), IV-24 (26 June 1996); The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-8 & III-11 (12 February 1999).

322 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-22 (12 February 1999).

323 The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, I-2 (30 September 1997).

324 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 57 (13 November 1998).

325 See Captain Glenn Bowens, Legal Issues in Peace Operations, Parameters, 59 (Winter 1998-1999); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 37-39 (11 December 1995).

326 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, V-5 (30 September 1997); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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 Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-22,23 (12 February 1999); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 43 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 61 (13 November 1998).

328 See Captain Parker, JAG Integration into OOTW TOC Operations (visited Feb. 23, 1999) <http://call.army.mil/call/nftf/feb94/pt3feb.htm>; The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, I-22 (12 February 1999); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 36-39 (11 December 1995).

329 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 35 (11 December 1995) (citing Major Mark S. Martins, Rules of Engagement for Land Forces: A Matter of Training, Not Lawyering, 143 Mil. L. Rev. 27, 52-54 (1994); Colonel W.H. Parks, USCMR, No More Vietnams, United States Naval Institute Proceedings, 27-28 (March 1991)).

330 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 8-9 (1998); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and 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).

331 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 43-45 (11 December 1995) (encouraging Judge Advocates to take the initiative in multinational ROE development); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in 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).

332 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 36-39 (11 December 1995) (recounting an incident in Haiti in which delay was tragic:

[ROE] [c]ards 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in 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) <http://call.army.mil/call/nftf/feb94/pt3feb.htm>; Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 40-42 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 63-64 (13 November 1998).

334 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 11-2 (1998) (citing The Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff Instruction 5810.01, Implementation of the DoD Law of War Program (12 August 1996); see also Dep't of Defense directive 5100.77,DoD Law of War Program, 5.3.1. (9 December 1998).

335 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, I-1 (30 September 1997); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 37-39 & 79-84 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 102-4, 112-4, 125-6, & 139-41(13 November 1998).

336 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law 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 II), opened for signature Dec. 12, 1977, 1125 U.N.T.S. 1391; and reprinting the Universal Declaration of Human Rights).

337 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-13 (12 February 1999); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 37-39 (11 December 1995).

338 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, III-11 (12 February 1999).

339 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-14 (12 February 1999).

340 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, VI-3 to VI-5, & Appendix D (30 September 1997).

341 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 79-84 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 139-141 (13 November 1998).

342 See The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-24 (12 February 1999); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, VI-9 (30 September 1997).

343 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 102-4, 112-4, 125-6, & 137-9 (13 November 1998) (referring to enforcement of weapons policies, monitoring of checkpoints, apprehension of persons indicted for war crimes, and election support).

344 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, B-1 & 2 (30 September 1997); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 63-72 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 109-110 (13 November 1998).

345 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 11-5 (1998).

346 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 99-100 (11 December 1995).

347 See The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, VI-3 to VI-5 (30 September 1997) (discussing evacuation center procedures, many of which require legal advice); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 93-4 (11 December 1995) (recommending Judge Advocate participation in the CMOC); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in 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 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 109-110 (13 November 1998) (describing the legal authority and procedural safeguards).

349 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, I-4 & I-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 Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Chapter 25 (1998).

351 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 141 (13 November 1998) (quoting Major Kurt Mieth, "[a]gain 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 Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than 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 Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), II-8 (26 June 1996) (noting 'legal restrictions and complex funding sources" involved in foreign internal defense); The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-19 (12 February 1999) (discussing U.N. reimbursement procedures); The Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, IV-3 (17 February 1998) ("There are many legal restrictions on the use of CD funds.").

353 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), III-7, IV-21, A-1, & G-2 (26 June 1996) (relating to training, humanitarian and civic activities, construction, and medical support); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations 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).

354 See, e.g., The Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), IV-22 (26 June 1996) (relating to the host nation); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 141 (11 December 1995) (relating to U.S. agencies); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in 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 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 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 Joint Chiefs of Staff, Joint Pub. 3-07.1, JTTP for Foreign Internal Defense (FID), II-8 & III-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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 142 (11 December 1995) (relating to the value of a section 607 agreement); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in 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 Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 25-5 (1998) (describing in detail this six-step process).

359 See, e.g., International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 25-5 to 25-20 (1998) (discussing various U.S. funding sources); The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, Techniques, and Procedures for Peace Operations, II-19 (12 February 1999) (discussing U.N. reimbursement procedures); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 142 (11 December 1995) (regarding section 607 procedures for U.N. reimbursement); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 142 & 153-4 (13 November 1998) (proposing consideration of other than U.S. funding sources, and citing an example of NATO funding).

360 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 136 (11 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 143-4 (13 November 1998) (citing the joint acquisition board as "a success story from Bosnia" and describing its functions).

361 See, e.g., Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 129-131 & 141 (11 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); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 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 Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-2 (16 June 1995) (emphasis omitted).

363 See, e.g., The Joint Chiefs of Staff, Joint Pub. 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 Chiefs of Staff, Joint Pub. 3-07.2, JTTP for Antiterrorism, V-1 (17 March 1998) ("Intelligence and counterintelligence are the first line of defense in an AT [antiterrorism] program.") (emphasis omitted); The Joint Chiefs of Staff, Joint Pub. 3-07.3, Joint Tactics, 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 Joint Chiefs of Staff, Joint Pub. 3-07.4, Joint Counterdrug Operations, IV-3 (17 February 1998) ("[Intelligence] is the foundation upon which the CD [counter-drug] operational effort is built.") (emphasis omitted); The Joint Chiefs of Staff, Joint Pub. 3-07.5, Joint Tactics, Techniques, and Procedures for Noncombatant Evacuation Operations, IV-1 to 3 (30 September 1997) (describing intelligence products provided for noncombatant evacuation operations planning).

364 The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-2 (16 June 1995) (emphasis omitted).

365 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-3 (16 June 1995).

366 See The Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-3 (16 June 1995).

367 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law 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 International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, Chapter 15 (1998) (listing and discussing the principal references on intelligence law).

369 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 170 (13 November 1998).

370 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 58-63 (11 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't of Army, Field Manual 25-100, Training the Force (1988); U.S. Dep't of Army, Field Manual 25-101, Battle Focused Training (1990).

372 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 159 & 166-7(11 December 1995).

373 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 197 (13 November 1998) (recommending training with supported units as means to build relationships with supported units and improve the soldier skills of legal personnel).

374 See The Joint Chiefs of Staff, Joint Pub. 3-07.6, Foreign Humanitarian 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 Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 80-82 (13 November 1998).

376 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, (13 November 1998) 59-61 (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 Joint Chiefs of Staff, Joint Pub. 3-07, Joint Doctrine for Military Operations Other Than War, IV-9 (16 June 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 148-9 & 155-6 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 79 (13 November 1998).

378 See International and Operational Law Department, The Judge Advocate General's School, United States Army, Operational Law Handbook, 17-2 (1998).

379 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 155-6 (11 December 1995).

380 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 40-42, 89-93 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 63-67 & 130-131(13 November 1998).

381 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 89-93 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 130-131(13 November 1998).

382 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 63-64(13 November 1998).

383 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in Haiti, 1994-1995, 158-159 (11 December 1995); Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 1995-1998, 161, 170, 179, & 192-198(13 November 1998).

384 See Center for Law and Military Operations, The Judge Advocate General's School, U.S. Army, Law and Military Operations in The Balkans, 1995-1998, 193-197(13 November 1998).



NEWSLETTER
Join the GlobalSecurity.org mailing list