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Military government and civil affairs

Military government and civil affairs

Army“and Nuvy E-Manud of MILITARY GOVERNMENT AND CIVIL AFFAIRS
,’ 22 December, 1943
i”’
22 December 1943.
This manual, War Department Field Manual 27-5 and Navy Department OpNav 50E-3, supersedes War Depart­ment Field Manual 27-5, 30 July 1940. .
G.      C. MARSHALL, E. J. KING,
 Chief of Stafl, U. S. Army. Commander in Chief,
 
U. S. Fleet, and Chief of Naval Ofierations.
OFFICIAL:
J. A. ULIO, By: W. S. FARBER,
Major General, Rear Admiral,
 Th,i” ‘b*r dent Gelaeral. Sub Chief of Naval Operations.
 
Table of Contents
 
XCCiiO,~ Pa?Y7Qw$lk      PtrYc
I.      GENERAL.
1: Definitions:      Military Government, Occupied Territory, and Civil Affairs ___- -_- __-____ –_ 1
2.
     Military Contra1 by Agreement or Convention-2

3.
     Occasion for Military Govcrnmcnt as a Right or Obligation in Enemy, Allied, Neutral, and Domestic Territories ___-__ -_____ – _________

4.
     Object of Control of Civilian Populations—,,

5.
     Degree of Control—————_-_-_____

6.
     Period of Control ____________ – _.__–_ –__-­

7.
     Authority for Control _____________________

8.
     Exercise of Control a Command Responsibility,

9.
     General Principles and Policies in Conduct of Civil Affairs—_____ – _______-____________

a.
     Military Necessity…—,——-__.—­

b.
     Supremacy of Commanding Of&r—,*

c.
     Civil ht%nirs Jurisdiction _____.__ –___

d.
     Economy of Personnel _–___ -__-_____

e.
     Plcxibility _____ –ll_-_l__._-l._—l__

f.
     Continuity of Policy——____._. I_.-__

g.
     Trcntrnent of Population l____l_____l

1)      Must bc just and rcasonnblc-­(2)      Will vary with conditions—, (a)
     Hostile or nonhostile populations -_ll-_l-___

(b)
     Hostngcs and reprisals to bc avoided _–_ – ___-_-_

(c)
     USC of farce against crime, violators cnti tlcd to trial ____-_I_-__._.__…_

( h.
     Retention of Bsisting Laws, Customs, and Political Subdivisions ———–­

i.
     Retention of Local Govcrnmcnt Dcpart­mcnts and Oficials, ___.-__-_.–______

(1)
     Abolition of unnccessnry gov­crr1111cnt ofices -I-^_ –,” —_

(2)
     Suspension Of Icgislativc bodir?)l———l—–_–­

Ill

1, GENERAL-Continued. CJ, ~~~~~~~ principles and Policies hl ~OrldUct of Civil Affairs-Continued.
is Retention of Loc>ll GC~VC~~IllllC!Ilt DallZrt”
mcnts and Oificials—Continued.
(3)
     Removal of high r:~nkilW of­ficials ______ –___-_—…–­

(4)
     Retention of subordinntc! Of­ficials _______ -___-_..—-.-­

(5)
     ‘rraining of inhnbitnrlts ior loen governmclnt——.—.-.

(6)
     Control of inhnbitants throUgh their own off&& _____.—-­

(7)
     Exclusion of local oficinis and orga.nizntions from any part in policy formation ___-_–.—­

(8)
     Civil affairs oirccrs to SupC~­vise, not operate ___cl-l _-_-­

(9)
     Protection for local ofliciids-­

(10)
     Relations of civil a&&s of­ficers with officials and orgnni- zntions _____ –_______ -____

j.
     Treatment of Political Pdsoncrs——­

k.
     Economics—_____——__-__—-~I_

(1)
     Immediate need for cquhnble distribution of dnily ncccs­sit&–____ – _____ – __-__lll

(2)
     Need for checking ccononlic pIans after occupntion—–­

(3)
     steps necessary far rapid executiofi of economic plnnal

1.      Health—-______I_ -_-_-_______–1
m.
Respect      for Religious Customs and Organizations _____-__.______ —_-.II

n.
     Annulment of Discriminatory LWS–.-.

o.
     Freedom of Speech and Press __-__,_. I.__

p.
     Preservation of Archives and Records-….

q.
     Mail and Documents—–_-______…­

r.
     Preservation of Shrines and Art _-__-_,,.

11. CIVIL      AFFAIRS RESPONSIBILITIES. lo. Army-Navy Division of Responsibility__–___
11.
Conditions      Likely to be Met itI Occupied ~~rh-ics —_–. –_-_-_-____________

12.
Functions      of Civil Affairs Oacers to ~<:~>,t These Conditions—–_________-__ L ____… ,I

a.      Political and Administrntivr –_.,, . .._-_.
W

9 9 9 10
III
10
10
::

13
14.
15 15
II.  CIVIL AlFAIRS RESPONSIBILITIES-Con, 12. Punctions of Civil Affairs Oficers io Meet  
These Conditions-Continued,  
b. Mnintcnnnce OF Law and Order—–…  15  
C. Supervision of Military and Civil  
Courts – _____ -___-­ 16  
d. Civilian Defcnsc – ___r_l__  16  
e. Civilian Supply __-.______ -__  16  
f. Public Hcnlth and Snnitntion——­
g, C:cnsorshipl—__–___­ :;  
11. C~onrlnlnnicntions-.. _______________­ 17  
i. T~~tlSpOfti~tiO~l -_-­_____________-_  17  
j. Port Duties _-__-_ –
k. Public Utilities ________­- _____ –__  :::  
1. Money and Bnnlh~g–l _–_ – ____ –_  18  
m. Public Finnncc – _________  18  
n. Commodity Control, Prices, and  
Rationing _________-___________  18  
” 0. Agriculture _—_—–_—-_______  18  
p. Industry and Mnnufacturc—____—  18  
q, Commcrcc and Tmclc—­
1’. L&or …—-.“ll-l—____ – –_____ -_  :8”  
s. Custody and Adnhistrntion of Prop-
CITY ———-_—I__cI——–­ 19  
t. Inforn~ation __-__ -__– __-________  19  
u. Disposition, or Relocation of Displaced  
Persons and Enemy Nntiotuh—–­ 19  
v. Education –_­______-___ – _-_____-  19  
. w. Public Wclfarc.. _______I__ -_-_-__­ 20  
x. Records ____.–____I_ – _LI__________  20  
y. Misc~lhncous r ._.__ -__  20  
III.  ORGANIZATION OP MILITARY GQVERN­
MENT.  
13. Gcncral Chntrol for the Army and for the  
Navy, Plnnning and Policic:s–­__.___I______  22  
a. Undnr Joint Chiefs of St& for Joint  
Milihry Govermnrnt _,_ll_l___l__ -__  22  
b. Under Corubiucd Chiefs of Staff for  
Conhincd Military Govr!rnnlent_—,  22  
14,. Plnnning xncl Poni~ulntion of Policy Within  
the War nnd Navy Dcl,nrt!Hcllts—~.-.–..I,,,  23  
n. J’hc! Civil hRilil*S Divisiuil in the Of-
Act of the Chief of Stnn’, War Dcpnrt­
mcnt –“_ ._..-____ _.-““l -__-_ -_-I._-I_  29  
b. The Oflicc! for Chxxpitrd Arcas, Un+r  
the Vicr Chic~f of Naval Opixxtiona,  
Navy Drpnrt~ncnt __I_ ai v.__…____..__-  23  
V  

MENT-Continued.  
15.      Theater Commander’s Responsibility for Final
 
and Detailed Planning and Operation of
 
Military Government Under General Direc-
 
tives from Higher Authority -I_-__-_ L– ___-  23
 
16.      Types of Civil Affairs Organizarion—-,____  24
 
a.      Operational ————-_________  
b.      Territorial—-L  5:  
17.      Advantages and Disadvantages of JZach Type-  24
 
18.      Organization of Military Government in Com-
 
bat Areas—————————–_  27
 
19.      Organization of Military Government in Rear
 
Areas———————————­ 28
 
20.      Organization of Military Government Within
 
a Task Force­–_-___ -______ -__­_-___  30
 
21.      Theater of Operations—– __l_____l______  30
 
a, During the Campaign —__-_ -__-__  30
 
b. After Cessation of Hostilities  30
 
22.      Civil Affairs Staff Sections -__-__  31
 
a.      Civil Affairs Staff Sections Created bi
 
Theater Commander—–­ 31
 
b.      Duties of Chief of Civil Affairs Staff  
Section …c-.———–_—  
23.      Organization of Civil Affairs Section——-­ 3”;  
a.      Magnitude and Character of Duties  
_      will Vary from One Territory to
 
Another —–_—____—_________  32
 
b.      Internal Organization to Perform
 
Duties will Include Provision for—-­ 32
 
(1)      Administrative officers—-­ ‘17  
(2)      Functional officers  35  ”  
(3)      Civil affairs officers from
 
other services in joint mili-
 
tary government-­__-_____  33
 
(4)      Civil affairs officers from
 
other nations in combined
 
military government  34,
 
24.      Civil Affairs Chain of Command  ,34  
25.      Personnel of Civil Affairs Group ______-____f  34.  
a, Number,      Rank, and Specialization of
 
Personnel in Various Areas _________  34
 
b.      Categories of Personnel Required—­ 34
 

Xcotiotb
III.      ORGANIZATION OF MILITARY GOVERN­MENT-Continued,
26.      Occupational Military Police, Marines, and Shore Patrol-___-________ -_-_____ -_-____
a.
     Provision, Organization and Equip­ment Similar to Those of Rear Area Military Police Units—–______ –_

b.
     Assignment and Command-.—_____

c.
     Authority to Make Arwsts ____ -___-­

IV.      PERSONNEL.
27. Planning and Procuremqnt of Personnel—-,
a.
     Theater Commander’s Responsibility for Estimates of Requirements and Requisitions for Civil Affairs Pcrson­nel—————————-­

b.
     Assignment of Civil Affairs OfIicers by Echelons-____-__ – ___I_L__ —-_

28.      Types and Qualifications of Civil Affairs Personncl_-_——-I_I——_-____-___­
a.
     General Types and Qualifications—­

b.
     Qualifications of Chief or Deputy of Large Staff Section or Field Grdup–­

c.
     Qualifications of Chiefs of Small Sec­

tions and Field Groups, and Executive \ Oficbrs ___-______ -___—_-_-___…
d.
     Qualifications of Staff Assistants-.—­

e.
     Qualifications of Administrative Serv­ices Personnel—-______ – __-___ –­

f.
     Qualifications of Functional Oficcrs-­

29.      Training l___l_______ L- _____-.______.___ -­
a.. Training      in the United Stntrs of Ad­ministrative and Specialist Pcrsomwl in Schools of Military Govcrnmcnt of the Army and Navy-Occupational Police r_lll____l_______l_l_—– –._
b.      Further Training Conducted in Theater as Function of Commnnd-…-..
V.      PLANNING.
30.
     Gcncral Planning for Control of Civil Afl$irs in Occupied Areas a Responsibility of Com­mnndcrs Assigned to the Planning of Mili­tary Qpcrations–____–_–____ – _____II-_

31.
     Sources of Information for Planning _._l.__-l-

PUf/O
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38 39
39 39 39
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39
4.0 40

V. PLANNING–Continued.
 
32, Responsibility for Plans __________ -____ -__-  – 42
 
a.      War and Navy Departments Respon­
sible for Integration of Plans Under  
Joint Chiefs of Staff and for Liaison  
with Federal Civilian Agencies—–­ 42  
b.      In Theater of Operations Each Officer  
Charged with Civil Affairs Control  
Responsible for Planning for his Area  
in Accordance with Directives, from  
his Commander—-­-___—__  42  
33. Form of Civil Affairs Orders————–­ 42  
a.      Of Theater and Task Force Com­
manders ———__–____-_—–­ 42  
b.      Of Military Administrative Area Com­
manders————————­ 4.3  
C. Of Operational Unit Commanders–­ 43  
d.      Of Chief Civil Affairs Officers——­ 43  
e. Distribution of Civil Affairs Orders–­ 43  
34.      Content of Civil Affairs Orders———–­ 4.3  
a.      General –_—–_–_–__——–­ 43  
b.      Detail—————­–__  43  
VI.      PROCLAMATIONS, ORDERS, ORDINANCES,  
AND INSTRUCTIONS.  
35.      Initial Proclamation———–~–~—–~.  45  
a.      Preparation in Advance——­ 45  
b.      Form, Character, and Language—-­ 45  
c.      Contents __- ___- ____ —___-___  46  
d. Publication -_——————__  4 7  
3G. Further Proclamations and Ordinances–…–­ 48  
a. .Issuance————————-      4,S  
b. Form, Character, and Language  48  
c. Contents ——————______  48  
d. Delegation of Authority  49  
e. Publication —–_-­____ —  49  
37. Orders and Instructions­______-___________  49  
VII.      MILITARY COMMISSIONS, PROVO ST  
COURTS, AND CLAIMS.  
38. Theater Commander Establishes All——-­ 50  
39, Types ———–___-­____ -_-_  50  
a, Customary-Military Commissions for  
Serious Cases and Provost Courts for  
Minor Cases——­ 50  
b. Special for Trial of Juveniles, Traflic  
Cases, and Other –_-____ – ___- —__  51  
40.      Composition of Commissions, Customary and  
Special      Courts – _______________-____  51  
VIII  

a

tYecliotb  Pwq71'apR  
VII.       MILITARY  COMMISSIONS,  PROVOST  
COURTS,  AND  CLAIMS-Continued.  

4.1. Appointing Alltllorities-__-_–_——L ____ 4a2.Jurisdiction of Commissions and Courts—–­
a.
     Gencml __-__-____ –_______ –____

b.
Over Persons ——–_—-__ —–­

C.
     Over Offenses Directly Affecting Mili­tary Govclnment—————–­

d.
     Over Offenses Against Local Criminal Laws ——————–1______

e.
     Over Civil Casts __________________

43. Bail n Matter of Discretion————–­
4.4,.Procedure———_——————-­General-Uniformity, Rules of Evi­dence, Witnesses ________I -_——­Commissions–Follow General Courts Martial -__—___-___-___________ Provost Courts-Follow S u m m a r y Courts Martial _____ -____ —–____ Specinl Courts ____–_.-______ –____ Trials-Necessity for Dispntch——­Counsel-Accused Allowed to Rctnin Counsel _-____________ -__—-___­Witnesses-Attcndancc Compelled–­Interpreters and Language——–­Court Reporters _________ – ______ -_ Previous Convictions of Accused—–
45. Scntcnccs and Penalties by Commissions and
Courts ——————————–­4,6. Records, Type for Commissions nnd Courts–­
47. Review Provided to Correct‘ Injustices——,
4.8. Clnims Commissions—-____ -_–_-_——_
a.
     General Appointed by Theater Com­mandcr _–___— _-______________

b.
     Investigntion &tics __–_ _–__-,-__ I._

c.
     Scttlcmcnt of Glnims-Army Pro­ccclurc _–l_——_-_–l——–­

d.
     Scttkmcnt of Claims-Navy Pro­

cedurc _I_._,__…______._I_l_l__l -_-_ INDEX _I.__ – _I_____ –_——_–_______–_—1111–~.–­
PUQ@
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Intentionally Left Blank
This mnnual supersedes FM 27-5, 30 July 1940, including Change No. 1, 22 December 1942.
SECTION I
GENERAL
1. MILITARY GOVERNMENT-CIVIL AFFAIRS.
,      a. Military Government. The term “military gov­ernment” is used in this manual to describe the supreme authority exercised by an armed force over the larids, property, and the inhabitants of enemy territory, or allied or domestic territory recovered from enemy occupation, or from rebels treated as belligerents. It is exercised when an armed force has occupied such territory, whether by force or by agreement, and has substituted its authority for that of the sovereign or a previous government. Sovereignty is not transferred by reason of occupation, but the right of control passes to the occupying force, limited only by inter- national law and custom. The theater commander bears full responsibility for military government. He iy, thcre­for?, usually designated as military governor, but may delegate both his authority and title to a subordinate commander.
b.
Occupied Territory. The term “occupied terri­tory” is used to mean any area in which military govern­ment is cxerciscd by an armed force. It does not include territory in which an armed force is located but has not assumed supreme authority.

c.
Civil Affairs. The term “civil aflairs” is used to describe the activities of the government of the occupied area and of the inhabitants of sucl~ an arca cxccpt those of an organized military character. “Civil affairs control” describes the supervision of the activities of civilians by an armed force, by military government, or otherwise. The term “civil affairs oflkers” designates the military officers, who, under the military govcmor, are engngcd in the con­trol of civilians.

1
2.
MILITARY CONTROL BY AGREEM.ENT OR CON. VENTION. An armed fo?ce may exercik control over civilians to a lesser degree than under military government through grant of, or agreement with, the recognized gov­crnment of the territory in which the force is located, usually made prior to entering the territory, but subject to modification by the government and the military com­mander as circumstances require. In such casts military necessity has not required the assumption of supreme authority by the armed forces, but limited control over civilians is exercised in accord with these grants, or agree­mcnts and the territory is not considered reoccupied.” While this manual is primarily intended as a guide to military government, some of the principles set forth may be applied in these other situations as circumstances indicate.

3.
OCCASION FOR MILITARY GOVERNMENT. Mili­tary government must be established either by reason of military ‘necessity as a right under international law, or as an obligation under international law. In this connection, attention should be given to the following considerations:

a.
Military necessity may require an armed force to establish military govcrnmcnt to assist in the accomplish­ment’ of its military objective. The right in such cases is rccognizcd by international law.

b.
As the military occupatibn of enemy territory suspends the operation 01 the enemy’s civil government, it is an obligation under international law for the occupying force to exorcise the functions of civil government in the restora­tion and maintcnancc of public order. Military govcm­ment is the organization which eserciscs these functions. An armed force in territory other than that of an enemy likewise has the duty of establishing military government when the government thereof is absent or unable to maintain order,

c.
These reasons, concurrently as well as singly, may dictate the establishment of military govcrnmcnt.

d.
Military govcrnmcnt is not confined to belligerent occupation. Military necessity may require its establish­

ment in such4 areas as the following, with or without the
 consent of the existing or a prior government:
 
(1)
Allied or neutral territory which has been dominntcd or occupied by the enemy.

(2)
Technically neutral or allied territory actually un­,friendly or hostile.

(3 ) Genuinely allied or neutral territory, the occupation of which is essential to a military operation.
(4) Domestic territory recovered from enemy OCCUR­tion or from rebels treated as belligcrcnts.
4.
OBJECT OF CONTROL. The object of civil nfI’airs control through military government is to assist military operations, to further national politics, and to fulfill the obligation of the occupying forces under intcrnntional law. This assistance is rendered by maintaining order, promoting security of ‘the occupying forces, prcvcnting intcrfcrcnce with military operations, reducing active or passive snbo­tage, relieving combat troops of civil administration, and mobilizing local resources in aid of military objectives and carrying out governmental policies of the ZJnitccl States which usually arc predetermined. Furlhcr, the cficicnt conduct of a military govcrnmcnt as a part of one militxry operation will promote -military and political objcctivos in connection with future operations.

5.
DEGREE OF CONTROL, The occupz~~~t may clclrwcl and enforce from the inhabitants of the occupied arca such obedience as may be necessary for the p~~rpos~~s of wr, the maintenance of law and order, and the prolxr :Iclnrin­istration of the area under the unusual circurnstnnccs of hostile occupation. In return for such obc~dkntx~, the *’ inhabitants should be granted freedom from all ~~tmo~w sary or unwarranted intcrfcxcncc with their individlr:\l liberty and property rights. Under military govrrn~lrt:nt the degree of control maintained by thr: occul)yin~ BREWS varies grcakly according to the rclatinns which l\;tv(! l>r(q*i­ously existed between the govermncnt of eho o(:(:ul)yillg forces and the government of the territory occul)ic:d, rhea

existing attitude of oflicials and inhabitants, the project&d military operations, and k~ent military, political, eco. nomic and other pertinent circumstances. In the territory of an enemy, rigid control of civil affairs is necessary if the bbjectives of military government are to be achieved. In neutral, allied, or domestic territory, sufficient cooperation from the officials and inhabitants may be obtained to permit greater latitude for action by local officials under broad policies and general supervision of the occupying forces, particularly in those governmental fields lcast im­
’      portant to the military forces in current or pending opera­tions! In any territory, as conditions approach normal, the control exercised by a military government will be relaxed, the supervision of the occupying force will become less direct, and supreme authority will finally be released to a recognized sovereign power.
I I 6. PERIOD OF CONTROL. The period of time during / which military government or civil affairs control is main- tained will vary, depending on whether military operations arc continuing, the USC or nonuse of the area as a base for future operations, whether the territory is bclligercnt or otherwise, the degree of cooperation of the inhabitants, the national policy regarding the futilre position of the terri­tory, and other military and political considerations. As long as military opcrntions continue, some degree of control will be ncccssary. Military govcrnmknt may etiend beyond such operations until it nchicves the ends of national policy toward which the operations arc directed.
7, AUTHORITY FOR CONTROL. Military government is exercised by virtue of and in accordance with rules of international, law. Authority for the exercise of such con­trol is derived from the mere fact of occupation or from some form of agreement such as an armistice, a convention,
, or a treaty. The more important of these rules are set 1 forth in the military’ manuals of the leading civilized 1 countries and ,in international treaties, such as the Hague i Convention No. IV, i907 (Annex Sec. III). The rules
I
/      4 Which govern the armed forces of the United States arc set forth in the War Department manual FM 27-10. While the Hcgue rules apply legally only to enemy tcrd­tory, as a matter of policy they arc gcncrally applied to other territories occupied by United States ~OIYXS.
8.
EXERCISE OF CONTROL A COMMAND RESPONSI­BILITY. The exercise of civil affairs control is a c~nmmnd responsibility. In occupied territory the commander, by virtue of his position, has supreme legislative, osccutivc, and judicial authoritjr, limited only by the laws and cus­toms of war and by directives from higher authority.

9.
     GENERAL PRINCIPLES AND POLICIES IN THE CONDUCT OF CIVIL AFFAIRS. *

a.
Military Necessity. The first consideration at all times is the prosecution of the military operation to a suc- cessful conclusion. Military necessity is the primary undcr­lying principle for the conduct of militq governmcnt. So long as the operation continues, it is the duty of thr commanding officer to exercise such control and to t&c. such steps in relation to the civil population as will attaiu the paramount objective.

b.
Supremacy of Commanding Officer. It follows from the basic principle of military necessity that tllc theater commander must always have full rcsponsibilit) for military government,

c.
Civil Affairs Jurisdiction. The paramount illtt:rrst of the combat ofker is in military operations. Thc: para­mount interest of the civil affairs of?iccr is in dealing \yitl] civilian relationships of concern to the co~nmancl~~~. sut+ interest will be expressed in restoring law and o&r :mcl in returning to the civilian population certain’ facilities ~)1: services and restoring living conditions to norm:ll, ins;crf:lr as SUCK activities will not tend to intcrfcrc with military operations. Whether intcrfcrcncc with military oprr:~.ti(>lls

will  result shall  bc dctcrmincd  by  the  couunanding  of&:(ar  
after  giving  consideration  to  the  rclcornnlcnd3tiolls  of  lljs  
combat  and  civil  affairs  oficcrs.  

s
\
d. Economy of Personnel. Since cficicnt control of the civilian population ancl mobilizntion Of local civiliall manp~wcr will lessen the need for garrison ~OPXS,adequate civil affairs personnel will in the hlg lWl prom an Won. omy. The stimulation and sUpCrViSi011 Of production and use of local resources will lilccwise make savings in Shippi~~g and q~ply. All plans and practices Of military govern. ment should be adopted with this in view 2nd at lcast the minimum necessary number of Amy and Navy personnel trained in civil affairs bc providccl., The duties of civil
e      affairs officers should bc conlincd whcrcvcr possible to supervision.
e.
Flexibility. The administration of civil aPTairs bvill vary widely in different arcas dcpcncling Up011 III:UIY hctoq including the nlilitary forces present and their disl>osition, the ‘structure of the native governmnt, the geography of the arca, ‘the economic instructions, tl~ chnractcristics of the pcoplc and their officials, the dcgrcc of control which may be necessary, the prcscncc or nbs~r~c of civilian of& cials, the dcgrce of destruction of 10~~1 resources, the pcrson- nel available, and the basic policies to be fdlow~d, includ­ing the contcmplatcd post-war position of the territory. It will probably vary widely everl in the ~nme territory from one’ tirnc to another as when the thrcnt of combat deklines or ceases. It follo\vs that the utmost flexibility must be provided in tlw l&ul~ and in the ccmduct of civil affairs.

f.
Continuity of Policy, Tllc ndministtxtion of civil affairs in occupied territory should bc so l~lnnncd and conducted that a rcasonnblc dcgrcc of continuity of policy and pcrsonncl will result. PrCqucllt clmngcs of policies and orders will injure the cflectivcncss and prcstigc of the administration, while frcqu&t chan~cs of pcrsonncl Will. dcprivc the occupying forces of the services of ofikcrs when they hnvc bccornc of grcatcst v&c.

g.
Treatment of Population. (11 Intrrnntinnnl law rcquircs and military ncccssity cliclntcs just and rcasonablc trcstnmt of the inhabitants of occupied territory to mini­mize their bclligcrcncy and obtain their coolxmtion. The

Cooperation of the inhabitants, where it can be sccurcd, is of direct advantage to the occupying forces in maintaining public order and accomplishing the objective of military government. While the welfare of the inhabitants ~110dd be considered also for humane reasons and should bc safc- guarded as far as military requirements permit, the primary purposes of just trentincnt are to fncilitatc the military operations and to meet obligations imposed by law, Proper treatment will be of direct benefit to the occupying forces in preventing chaos, promoting order, and in the procurc­ment of labor, services, and supplies. It will have 3 favorable influence upon the present and future attitude of the population toward the United States and its allies. It will provide incentive to populations of other tcrritorics to accept, our future occupation. Such a policy, liowcvcr, should not affect the imposition of such restrictive or punitive measures as may be necessary to accomplish the objectives of military government in any arca, but cspccially in one in which the population is aggrcsxivcly hostile and engages in active and passive sabotage.
(21 The treatment of the population of any occupied territory will vary, depending upon the nttitudcs of the people toward the occupying forces; their dcgrcc of coopcr- ation with these forces; the dcgrcc of their industrial, ec,onomic, political and moral deveIopment; and the political, diplomatic, and military policy of our govcrmncnt toward the government of the territory occupiccl. T’hc civil affairs officers should bccomc fully informed conccrl1­ing the local population and their customs, institutions and attitudes, and should direct military control in the light of the local situation and requircrncnts. Xn consid(*ring tll(: treatment of populations in occupied areas> tllc f&~ing factors should be taken into account:
Ia 1 Generally, Icss restrictive mcnsurcs wiII hc nrc(~ss:lq in dealing with nationals of friendly or nonllostilc countricbs than with nationals of enemy countries.
(b) The taking of hostages, the imposition of coIlectiv(: fines, or the carrying out of reprisals become military n~ccs­sities in some situatjons though such mcn~~res sh~~~~ld on13
5gll OF?“.- 48 .-^…… :< 7 be taken as an unavoidable last resort t0 illduCC a hostile population to desist from unlawful practices. Such actions are usually an indication of weakness of the occupying forces and of ineffective control of the inhabitants. Care­ful consideration should be given to the question of de­termining whether such devices will serve as a deterrent or aggravate an already difficult situation. (See FM 27-10.)
(c)
Force may be used to the extent ncccssary to subdue those who resist the authority of military government or to prevent the escape of prisoners OS ~WSO~XT suspected of crime. Persons accused are entitled to a fair trial before the imposition of punishment. The theater commander has the power to provide immediate trial, when an example is necessary. Sentences of military courts should be pro­portionate to the oflense and the need for a deterrent effect. The maximum punishment s110ul~l not be awarded automatically. The nature of sentences to be imposed and whether they should be carried out in public, depends in

h.
Retention of Existing LaHis, Cwstoms, and Politi. Cal Subdivisions. Local officials and inhabitants of an occupied territory are familiar with its laws, customs,’ and institutions. To avoid confusion and tb promote simplicity of administration, it is advisable that local laws, customs, and institutions of government be rctaincd, except where they conFlict with the aims of military govcmmcnt or are inimical to its best intcrcsts. In gcncral, it is unwise to impose upon occupied territory tha laws and customs of another people. Any ntecmptcd changes or rclorms con­trary to local custom may result in devclopmcnt of active or passive resistance ancl thckby handicq the operation of military government. For similar reasons it is advisable, if possible, to retain existing territorial divisions and sub­divisions. Laws and customs in one political division of a country may differ widely froln those in another and the inhabitants therefore may be accustomed to the dccentrali­

part  upon  the  customs  and  habits  of  the  population  and  
the  types  of  punishment  which  have  been  found  most  
effective  in  the  particular  locality.  

zation of governmental authority which UN~Y l~arallels
such divisions.
i. Retention of local Government Departments and
Officials. (1) Of3[ices which arc unnecessary or detri­
mental to military government will be temporarily discon­
tinued or suspended by the military commander as military
governor. 111 some areas this fixay bc the cast with entire
departments or bureaus of the government.

(2)
Such legislative bodies as are still in csistcncc will
usually be suspended. Supreme legislative power is vcstcd
in the commanding officer in the theater of opcratioqs.

(3)
Usually it will be necessary to remove high ranking political officials from office. This action will include the removal of the nominal and actual heads of the national government, cabinet ministers, and the heads of principal political divisions. No permanent appointments to SUCK positions should be made by the military governor without approval of higher authority ,becnuse of the political impli­cations of such appointments. Wliilc mcmbcrship in un­friendly partisan organizations or political parties may not by itself be cause for removal, such o&Gals as have b~cn active Ieadcrs of such organizations will ordinarily not lx retained in oflicc, nor will other officials who prove to bc unreliable or untrustworthy. Willful failure of retained local’ oficials to perform their duties satisfnctc~rily should be regarded as a. serious offcnsc against the nlilit:\rY

government.
’ (4) So far as practicable, subordinntc nflicials and (qn­
'      1doyCeS Of the lOCd govcrnmcnt should lx: rctainccl in tllcil offices and made responsible for the prqxr disc*llnrK(> trl their duties, subject to the direction and sl~l)(~rvisitru of civil affairs personnel.
(5) In some areas the native popu1~~tio1~ nl;t)+ have h:ul very limited participation in govcrnntcnl: ~x:~:;~~IsI: of 1~1~ domination of a foreign power. In such arcas civil &i&Is may have fled when invasion takes p~nct:, or it n,;ty I)(> inexpedient or unsafe for them to continua in oflice, (:voI, if they rem&n. In territories of this sort it nl;iy 1)(~(~01111~ necessary for military government t0 train nntivc personnel to -tal<e over certain positions.
(6)
Civil affairs pcrsonncl ~h0~1d CLS far L~S prnctical& deal with the inhabitants of occupied territory through such o~~ccrs aIld employc~ of the local ~o~rnrr~nt ‘~1s arc retained or appointed. FVhcn an of&in1 is rcmovcd, a replacement should be sought from among the inhabitants who by training and experience is qualified to take over the duties of the office. In the solcction of ofkinls, careful consideration should be given to their reliability, their willingness to cooperate with the military govcrnnrent, their positions in the community, as well as their other qunlifica­tions for the particular position. Appointments from a polkical faction or clique, regardless of their friendly sentiment, should be avoided, e?;ccpt in unusunl circum­stances. In some circumstances it may bc detcrmincd that the duties of the position cw bcttcr be pcrforrncd by a representative of the military ~ovcrmncnt.

(7)
Neither local political personalities nor organized political groups, howcvcr sound in scntimcnt, should have any part in determining the politics of the military ,govcrn­ment. Civil affairs ofhccrs should avoicl any cOuniiitmcnts to, or negotiations with, any local l~olitical clcmcnts cxccpt by directions from higher authority.

(8)
So far as possible, civil affairs oflicers should confine themsclvcs to supervision and avoid assumption of the duties of the operating head of a political subdivision or of a department of govcrnmcnt.

(9)
It may be advisable to provide protection for per­sons who continue in, or arc assigned to, local public ofice. They may bc accused of disloyalty by some inhnbitants of the area. Their persons and property may be thrcntcncd or endangcrecl.

( 10 1 Civil affairs ofllccrs and pcrsnnncl, as rcprcscnta- tives of the Unitccl States govcrnmcnt, sl~o~~lcl keep their relations with local oficinls and inhabitants ori a strictly official basis, avoiding unofficial social rclntionships. All personal favors or gifts which may bc on’cred .by civilians arc to be rcfuscd unless authorized by hi&r authority,
]. PeliQ;ical Prisoners. Persons imprisoned by tllc p”C­v&s government, for political or racial rcaSotXi only, should be released after investigation, unless directed othcrwisc by
higher  authority,  with  warning  that  political  activity  on  
their  part,  during  the  period  of  military  government,  will  
not  be tolerated.  
k.  Economics.  The  basic  economic  policy  of  Unitcrcl  

States military government is twofold: first, to revive cco­nomic life and stimulate production in order to reduce to a minimum the needs of the arca for United States and ‘allied assistance and to dcvclop the arcn as a source of supply for further operations, and second, to USC avnilnble goods and services as efficiently as possible for the satis­faction of military and civilian needs. Corollaries of this
basic policy include the following:
( 1 1 An equitable distribution of ncccssities, such as food, fuel, medicine, and clothing, should be instituted as quickly as possible. To this end it will be necessary to reestablish, to some degree at least, public utilities, transportation, communications, and trade. It will often bc ncccssnry to enforce controls, which may or may not be the same as those in effect belorc occupation, over various aslxcts of economic life, including prices; over marketing by ration­ing, by measures to bring hoarded goods out of hiding, and by suppression of black markets; over imports and czports; over money and banking. The reestablishment of corn-­munications $411 normally require the instituting of cxnsor­ship. At times military govermncnts will l;xvc to engage actively in some types of economic activitv in ot&r to assure that the armed forces and the populn~ion rcrcive at least a minimum of ndcessnry goods and scrviccxs.
(2) Such plans as may bc practicable should I~(> Inid in advance for the resumption of production, csl3rci:rlly in agriculture, fishing, and manufncturc, but also in mini~l~, forestry and the service traclcs. Prclilllirlilry decisions: niust: be reached as to which types of economic activity :\rc nlnsl important. Where military occulxl.tion is rf~~~:t.(~~l tll~~s~~ plans must bc carefully chcclcccl to dctcrmin(: wll:ll Il\()di{j­cations are necessary cspccinlly in view of d;un;~g(: dent: to
11
facilities. In most cases1 it will be IFX~SS~~~ to make rapid surveys of usable facilities and of undcvcloped resources &fore rehabilitation plans can be completed.
(3) Steps must be taken to put into immediate effect plans for the tehabilitation of production. In order to provide minimum military and civilian supplies it may be necessary to provide farmers and manufacturers with essen­tial equipment and materials. Labor SUPPLY rlmst bc pro- vided for necessary activities. It will be necessary to prevent abnormal wage increases, insure regular and adequate hours of work and control labor organizations. Steps should be taken to meet the most pressing needs, in some cases by making available United States or allied ma.terial immediately upon occupation. Priorities should be established for the use of scarce items, and in some cases to allocate particular material to specific uses. Most in­dustries will need supervision, and some may need assist­ance in management, especially in the early days. In enemy territory it may be advisable to provide skilled man­agers to replace those who may have fled or who do not cooperate sufficiently with the occupying forces.
1. Health. Protection of the health of the occupying foyces as well as humanitarian reasons determine the policy of safeguarding and improving the health of the population in occupied territory. Dead must be buried; sanitary dis­posal of sewage, garbage and rcfusc organized; water supply kept from pollution; food inspection established; necessary insect control “instituted and other steps tnkcn to provide precautions against the spread of disease. Such medical care for civilians as may be practicable should be provided.
m.
Respect for Religious Customs and Organiza­tions. International law requires that religious convictions and practices bc respected, Therefore, places of religious worship should not be closed unless necessary as a security or sanitary measure.

n.
‘biscriminatory Laws. Laws which cliscriminate on the basis of race, color, creed, or political opinions should be annulled as ihe situation permits. However, the prac­

12
tic& of such customs or the observance of such traditions as do not outrage civilized concepts may be permitted.
o.
Speech and Press. To the extent that military in­terests are not prejudiced, freedom of speech and press should be maintained or instituted.

p.
Archives and Records. Archives and records, both current and historical, of all branches of the government of the occupied territory are of immediate and continuing use to military government. It is therefore esscntinl to seize and protect such archives and records.

g.
Mail and Documents. Mail and documents in large quantities will often be found in post offices or other central communications points. As this represents a SOU~CC’ of valuable intelligence information it should be the policy to seize and protect such material as well as to expcditc its delivery to proper censorship examination stations.

rr Shrines and Art. It is the policy of the United States, except where military necessity makes it impossible, to preserve all historical and cultural monuments and works, religious shrines and objects of art.

SECTION II CIVIL AFFAIRS RESPONSIBILITIES
10. DIVISION Oi RESPONSIBILITY BETWEEN ARMY AND NAVY. Responsibility of the Army and Navy for the control of civil &airs in occupied arcas will bc dc­termined by, the Joint Chiefs of Staff of the United St&s Army and Navy or by the Combined Chiefs of Stnfl of thr United States and one or more of its allies, depending upon the nature of the operation. In general, it is expected that the responsibility in continental areas will bc with tlrc Army, while the control, of civil affairs in island areas and in some ports and other areas contiguous to the sea will be delegated to the Navy. This is not a fixed rule OI principle as it may be advisable to assign to the Army the control of certain island arcas and ports. In such areas naval civil affairs officers may be assigned to the stafls of army commanders, either to assist in civil affairs control or to act as liaison between the two branches of the service. The Navy may control, temporarily at least, iskind areas which present many of the complexities of the larger land areas, or it may participate in land occupations through its operations in ports or on inland waterways. Where there is naval control of civil aff;tirS, ZlrXll)' Officers may serve with naval commanders in order to facilitate an ultimate transfer of the area from the Navy to the Army. When available, rqualified naval civil affairs officers should be assigned to regular civil affairs duties with army civil affairs organizations.
11. CONDITIONS LIKELY TO BE MET IN OCCUPIED TERRITORIES. The many and varied tasks involved in civil affairs control may have to be performed under the most diflicult circumstances. In most occupied territories one or more of the following conditions may exist in varying degrees. Civil administration may have broken down wholly or in part, Oficinls may have fled or have been deposed or be unreliable. There may be rioting, looting, or other forms of disorder, particularly if the local police force , has disintegrated. Agriculture and industry may have been prostrated or wrcckcd. Economic life may have been reshaped to serve a “new order” or disrupted by the “scorched earth” policy of a retreating enemy. There may be serious shortages of foodstuG and other csscntial materials. ’ If the area has been fought over or bombed, widespread destruction of buildings and other installations, public utilities, transportation and comnnmicntion facilities, and harbors may bc nnticjpntcd. Lnrgc numbers of lxoplc may be homeless. Many will be unemployed and without means of support until orderly proccsscs are rcstorcd. The enemy may have brought in large numbers of forced labor­ers fram distant areas, who will clcspcratcly scclc rcpatria- &on. There may be acute shortngcs of professional pcr­sonnel, such as doctors, lawyers, engineers, and other Plies may have been polluted. Medical supplies may have
specialists.  Hospitals  and  other  institutions  may  have  been  
destroyed.  The  wounded  may  have  rcccivecl  little  or  no  
attention.  The  dead  may  remain  unburied.  Water  sup  

been reduced to the vanishing point. The health and
morale of the population may have been undermined.
There may be few facilities to prevent the spread of pesti­
lence from cities and concentration camps.
12. FUNCTIONS OF CiVlL AFFAIRS OFFICERS. The chief function of the civil affairs officers during hostilities is to further the mission of the combat forces in every way possible. As areas are successively occupiFd he will assist by controlling the civil population so that it will not inter­fere with military operations. I-Ie will help reconstitute civil administration SO that local rcsourccs in manpower and in strategic material may be utilized to further military operations as authorized by the laws of war. His task may embrace a wide variety of activities, since the responsi­bilities of his commanding oficcr may range all the way from controlling a few simple functions of government in a small isolated rural region or a primitive island or group of islands, to controlling the many and complex functions of government in a large, densely populated, industrialized, continental area. In the occupation of sucli territories for a considerable period of time, the civil aflairs oficcr will in most cases be concerned with the following and other activities :
a. Political Government and Administration. TllC supervision, or even, in rare instances, the actual adminis­tration of the chief political of&s of the govcrnmcnt, such as, for example, the offices of the chief exccutivc, ministers, cabinet oflicers, secretariats, and other high ranking cxccu­
j     tive or administrative oficials on the national, provincial, or municipal levels.
b. Maintenance of Law and Order. The prcpara­tion, issuance, and enforcement of proclamations and ordinances regulating the conduct of the inhabitants; rc­establishment of the old police force or the creation of a new one, sul~l~lcmcntccl by military police, marines or shorq patrol; prevention, detection and prosecution of crime; maintcnancc OS public order and security of persons and property; regulation of relations between our forces
im10&3”–48—–4 15
and the inhabitants; administratiOn Of prisons; control of liquor and narcotics,* control of traffic; and prevention and control of fire.
c, Courts and Law. The establishment and adminis. tration of military commissions and provost courts and the determination of their jurisdiction and procedure; SU. pervision and control, or closing, of lOCal Criminal and civil ,courts; supervision of the local bar; decisions as to mod& ,cation or suspension of local criminal and civil laws; acceptance, investigation, and reports of claims, and, in some cases, the operation of claims commissions; general legal a&ice on all aspects of civil aflkirs. Locql courts ,concerned with litigation and other lc@ matters among Civilians are under the supervision of civil nll’airs officers, Such matters involving civilians and mcmbcrs of the armed forces arc also of primary concern to the civil affairs ofi. cers. Matters within the jurisdiction of courts martial are of no concern to civil aflairs oflkers.
d.
Civilian Defense. The supervision and strengthen. ing of existing local organizations, or the creation of new ones, for civilian dcfcnse SO as to provide for air-raid warnings, blackouts, shelters, fire fighting, Casualty services, emergency medical cart for civilians, evacuation, dcmoli­tion, rehabilitation, and other nctivitics to rclicve the occu­pying forces of as much responsibility for Civilians as possible in thi: cvcnt of boinbing, shell fire, 01’ other military operations.

e.
Civilian Supply. Rrrangcmcnts for cmcrgcncy re­liCf, dircctcd through accepted channels, such as food, clothing, shelter, and medical aid, to moct mi~irnum sub­sistence standards, preserve order among the inhabitants, and enable them to carry on with their agricultural, indus­trial, commercial, and other activities whicly may be of direct benefit to the pccupying forces; establish local organi­zation to administer any Cniergency relief programs; provide for other esscntinl civililm goods which may bc necessary to the rccstablishmcnt of law and nrdrr.

f.
Public Health and Sanitation. Such activities concerning the control, prcvcntion, and trcntmcnt of dis­

16
.
ease; the supervision and rehabilitation of hospitals; the
rurnishing y 0;’ medical and sanitation supplies; the protcc­
tion of food and water supplies ; the disposal of SCW:I~(~
and waste; and the promulgation of such ‘other medical
an d sanitation mcasurcs, as will improve or ~JrC?x!rvC h!
statc of public health and protect the occupying fortrc~.
g.
Censorrhip. Censorship of Civilian co~mtiunicntiolls is cffcctcd in order to nccon~plisl~ two objcctks; the pro­tection of security, both military and civilian; :md the obtaining of intelligence information. It will norru:~lly bc established in the very earliest phnscs d c.ontinuc throughout the period of occupation. Thus, its operation by civil affairs will require close liaisoii with the milit:2ry intelligence staff for the area from whom ccnsorshil~ policic>s and directives emanate.

h.
Communications. Cooperation with sign:kl or corn-­rnunicntion officers in the use of civilian comnlunic:Ltiol1 systems by the occupying forces; rccst:lblislinlcnt, at tllc proper time, of civilian communication Ixiliticxs ; contrt)l, supervision of, all civilian radio, tclcpho~x, tclcgrq)h, cablo, and postal communication and activity. Although civil affairs agencies responsible for supervising coltlnlunic;ltitrlls will not operate censorship they will bc rcquirc~cl to co­operate with its cnforccnient.

i.
Transportation. C0opcmtion with alqxol~ri:~t(~ :uxns and services in connection with military USC of Iwiv;~cc! 01 state-owned railroads, trucks, busses, vchiclcs, roads, lv;itcr-

’     ways, and airfields; recutablisllllu~~~lt at tlx prq~~r tilltc: of all essential civilian transport facilities; control c)r sul”‘r- vision of all such facilities.
j.
Port Duties. Assistance to port dirctotors; ~ontroi OF civilian movcmcnts ih port arcas, inc:ludin.g civili:uls rvll~ Iivc in houseboats and smnll harbor cra[t; l)ro~ur(~111(~1lt and control of ncccssary lnl~or; h3ncllii~g antI ista&ng of supplies ashore and inland; liaison bctr\~(ql n;~v;ll ;lul]l(,)ri- tits afloat and ashore and civil allairs org:lllix:Ltic>lls ~lsl~~)rc~.

k.
Pubflic Utilities. ChpW:LCiO~l Ivitll :t~~~~ro~~ri;~l~~
 arms and services in procuring, rcstoritlg, rulrl colltr~~llillg
 public utilities for military and civilinn use.
 

17
/
1. Money and Banking. Closing, if lN!CCSSLLl‘y, and guarding of banks, baulc fulldS, Safe deposit bOsEi, SCcuri­ties and records; providing interim b:tnking and credit needs; liquidation, rcorganixntion, alld rcopcning of banks at appropriate tinlcs; regulation and supervision of credit cooperatives and other financial agencies lxld organjza. tions; esccution of politics on currency fiXC1 by higher authority, such as the designation of typc~ of currency to be used and rates of exCh.al?ge ; supervision of the issue and use of all types of lnoncy and credit; dcckuxtion of debt moratoria; prevention of financial transactions with enemy occupied or cncmy territory.
m.
Public Finance. Supervision and audit of the budget, revenues, and expenditures; supervision of tax collection, fines, asscssrnCrlts, alld the handling of public fu&, including rcvcnucs from govWnlTXXt monopolies alid investments; provision for neccssnry financial lacilitics for civil administration; levying of contributions.

n.
Commodity Control, Prices, and, Rationing. SU. pervision of the distribution of food and other supplies; control of prices; rationing; prevention of, hoarding and black markets ; regulation of esports and inllsorts; allocation of iniports for local distribution; regulation of military requisitions and purchase; cstnblishmcnt of politics to be followed in stimulating local production.

o.
Agriculture. Encourage agricultural production and the establishment and administration of programs for developing self-s&kicncy.

p, Industry and Manufacture. .Ikvcloprncnt and supervision of such industrial and Irl:unufncturinhr fncilitics, including lumbering, mining, pctrohu production, and fish&g as may bc inclicatcd to furth~ nllicd intcrcsts and satisfy the immediate needs of the civilian population.
q.
Commerce and Trade, Stimulation of wliolcsale and retail trade in order to rcstorc normal movcmcnt of csscntial civilian goods horn prod~ccr to cons~~~~r and thus further economic stabilizntion.

r.
labor. Procurcmcnt of labor to assist any scrvicc in the occupying forces, procurcmcnt of labor for rchabilita­

tion and reconstruction in the occupied territory, tllC pre­vention of abnormaI wage increases, insurance of regular and adquate hours of work, and other conditions of ml-, ployment; controI of Iabor organizations and the handling of other labor relations problems.
s.
Cusfody and Administra#ion of Property. Cus­tody and administration of all property and entcrpriscs owned wholIy or in part by an cncmy govcrmnc~nt, or enemy nationals of countries other than that occupied ; custody and administration of a11 property and cntcrpriscs owned wholly or in part by other govcrnmcnts, if taken over by the occupying forces; custody and administration of private property susceptible of direct military use and not in the custody of another branch of the nrmccl services such as transportation and c.ommunication facilities, arms, ammunition and .other implements of war; custody and administration of privately owned, abandoned or other property, if taken over by the military government.

t.
Information. Subject to the dircctivcs of the thcntcr commander, interpretation to inhabitants of occupied tttrr’i­tory of the purposes of the occupation, counter propaganda, preparation of press, radio, motion picture and other releases, both for intcrnnl and external consumption; ~CW­era1 advice and assistance in various matters involving the inhabitants in which carefully l~Iannccl action will either avoid offense or improve relations betwc~~n the ocqq’ing forces and the inhabitants and their nttiturlc tl>\\vi\rtl tllc-United States and its allies.

u.
Disposition, Repbtriation, or Relocation of Di$­

placed Persons and Enemy Nationals. Chad WI disposition of allied prisoners of war, civilian intcrrl(xrs ;uld forced laborers; political prisoners ; clisl)laccd rl:l.tiou:\ls of the occupied area including dmuobilizc~cl mc:rul~s of tIlc\ enemy armed forces; and civilian natiolrals of o&r errem! countries.
v.
Education. Supervising cxlucntirmn1 syslw~~ ; ol)p~l- ing of schools and prevention of subvcrsi~~~ or 1~11ll‘~l instruction.

W.
Public Welfare. Supervising public nnd private institutions for the care of children, the poor, the handi. capped and the aged, and the cncCWra~em2nt of ncccs~~~~ local orga&ations to operate such institutions.

x.
&z.cords. Keeping full and complctc records for the military commnndcr of everything that is C~CUIC

19
by hiln or under his authority in any Of the i%bOVc Ol” other fields of military government so that 11~ m:ty rcndcr nn accurate accounting. Such records will !X csscntinl :\t lxacc con­ferences, before claims commissions, for investigatory bodies and for historical purposes.
y. Miscellaneous. (1 1 In addition, the civil nFfairs officer will be concerned with SLC~other civilian activities as may in any way affect the occupying forces 01‘the war effort of the TJnitcd Stntcs and its allies. Cutting across all of the foregoing activities will be lxqblcms ccxnmon to most or all of them, such as the sclcction and USC of local oflicials and pcrsonncl, mnttcrs of coordination and priority and the obtaining of information and intclligcncc.
(2) Theafer of Operafions. Within each stafl, many problems will arise which will rquire coordination between civil affairs ofl?ccrs and other sections whcthcr the operations be single, joint or combined. Members of the civil affairs section of a staff will hnvc rclntions wit]1 other stal! sections, in connection with mutual problems, such as the follo$ng, illustrated from Army orgnniz:ltion;
Ia 1 For coordination and supcrvision—
1.      G-I, Procurcmcnt, classification, rcclnssi~cation, assignment, pay, pronlotion, trxisfcr, retire­ment, disch:lrgc, decorations, citatians, honor+
awards, IC~VCS OS i~l>scIIC(Ij furlough, rcw&s,
and punishment of civil aQl’uirs pcrsonncl; in­tcrnal xrrnngcments of hc!nclcluaiWrs, personnel statistics; so.nitnI.ion, buri:lls.
2.      G-2, Collcctinn and trkurnittal of iuforlnation rclnting to tlic enemy population by, and trans­niittnl of intclligcncc~ to, .thc civil aflairs section; requisitions for mnps; regulation of censorship and other mcnsLUYXi t0 plCiWW sccrccy; countersubvcrsivc activities.
3.
     G-3. Organization, equipment, and employ ment of military police units; training of civil affairs personnel, use of signal communicntions.

4.
     G-P. Prac~rc~nent of supplks in enemy tcrri­tory; distribution of supplies to civil nllnirs groups; control of tmnspqrtntion; construction and maintcnnnce of rotIds, clocl~s, nnd utilities: traflic control; evacuation and hospitnlizntion; salvage; property and funds; procurcnent of shelter and facilities; employment of nntiw labor; preparation of civil affairs annex: to 111~: administrative order.

r[ bl      For special staff functions-
I. Antiaircraft o@x~. Passive dcfcnse mCasWCS.
2.
Clasmicnl CJ~~CCT. Collective protcctivc xncasurcs.

3.
     E’ngimxr. Coqstruction and maintcnnncc of roads, docks, and utilities; distribution of mnl~s~

4.
     Hetzdqumtow conznznnrlant. Dctnil of ordcrlics an d mcssengcrs; messing and qwrtcring of civil affairs pcrsonncl; ofict: space.

5.
     Provost Mawhal. Enq~loyn~nt of military po­lice on civil affairs duty; control of conduct of troops in relntion to tlic: civil polxil:ztion.

6.
     Signal o@ccr. Use of military and coxiinirrcial signal communicntions lor civil nfl‘:lirs 19url9mw

7.
     SZW~COYZ. I-Ienlth and snnitntion; USC oE civiliw hospitals for military p~iqmscs; nllw;&n nl medical supplies to the civil popul:ttion.

8.
     Adjutant Gc~~.crnl. Distribution of routine orclers; classification, I.ccl:lssific.ntion~ nssign­mcnt, promotion, traxifcr, rq~lacc3n~trnt, clis­charge, decorations, citations, honkers, XWW~S, lGWEi Of RIXCIICC, nlld furlouglki; stipljly 0s publications; olwmtion of oflict! lwc~~~&~re,

9.
     JTidgc aduocntc!. Rwicws of tllc rccorcls of ini]i” t:Wy commissions.

10, Qu~rt~~77mstcr. Distribution of clL~a~tt:rrnaster eq+~~cnt and supplies; allocation of food and ~uartcrnmstcr supl)lics to the civil population.
Il. Tram~~orE @CL”).. USC of transportatiol~ by civil affairs pCiYK~I1l~Cl; USC Of railroads for civil aflairs purposes.
12, p&& ~clnlions 0fim1’. l’rcss, radio, 1Hotion picture, and similar rclcns~s.
(3) personal Rella9ion~. Not only is it nc!ccssary for mCI&Crs of Civil affairs sections to hlO\V the! functions of 1 the various sections of the gcncrnl and spccinl staff, but it is desirable that they cultivntc cordkll personal relations wit11 the ofEccrs thereof. Teamwork bctwccn staff sections is essential. It is assured not 011ly by staff confcrcnccs but by i&ividunl personal Contact.

SECTIOT\TIT1
 ORGANIZATION
 
13. GEldEWAL, In military occupations carried on by the Arnly, general control over military govwnnlcnt is cscrciscd by the Chief of Staff for the Swrctnry of War through the colnmanding oficcr in the thcatcr of olmxtims. In mili­tary occupations carried on by the Navy tllc S:Mlc gcncral control is cxcrcisccl by the Conmwldc‘r in CXcf, bnited States Fleet nncl Chief of Nnvnl Opcratims for the Sccrc­tary of the Navy through the fleet or force comluandcr in the thcntC1’ Of O~~ClYltil~llS,
cI. Plarining nncl forniulation of politics for nlilitnry govcrnmcnt arc carried out unclcr the clircction of the Joint Chiefs of Staff in olmxtions. in which both the United States Army and Navy lxwticilxltc.
b. When the olmxtion is cnrricd Out by ,thc conlbincd forces of the Unitccl Stntcs :wcl one or nmru of its allies, civil alFairs planning and opcrutions arc cxc~.~~tccl under the direction of the Combined C&i& of StaE of the two govcrnnmits.
12
14. WAR AND NAVY DEPARTMENT QRGANXZA-
The military agcncics designated by the Sccrctnrics of War and Navy to plan and formulntc policy WC the Civil Aflairs Division of the War Dcpartmcnt and thr o&e for Occupied Areas of the Navy Dcpartmcnt.
a.
The Civil Affairs Division, in the OJXCC of the Chkf of Stafl, informs and advises the Sccrctnry of War 0x1 all matters within the purview of the War Dl:partmcnt othol than those of a strictly military nature in XWLS occupied as a result of military operations. This Division has as its responsibility the formulation of broad War Dclxu?mcnt policies with regard to military govermncnt, and the plan­ning and coordination of civil affairs in nrcns occupied as a result of joint Army and Navy operations. Under gcn­era1 policies formulated by the Civil ARairs Division of the War Department, the selection and training of p~rson~n~~l for civil affairs is conducted under the sup~~rvision of thr Provost Marshal Gcncral.

b.
The Ofice fdr Occupied Arcas, part of the O&x of the Chief of Naval Operations, is charged with the planning, training of personnel, and preparation of materials for mili­tary government in areas of paramount naval intcrcst, and in coordination with the War Department in arcas of joint interest.

15. ORGANIZATION IN THEATERS OF OPERA­TIONS. The theater commnndcr is rcsponsiblc for dr­tailed planning aqcl operation of military govcrmncnt uutlrr the general dircctivcs and plans rcccivctd from l+lrt~l authority. The thcatcr organization for civil ;z[r’;lirs I)Iilll- ning and control dcpcnds on the mission of the th(‘i\tcr co111­mander, on ~11~ organization of the militnry forces ill the area, on the military situation, on the structure CII th(! c:sistitlK government, on the gcogriqhy of tllc arca, 011 the ccononl! and characteristics of tlic pcoplc, on tlul p~~w~~rs ;lnd characteristics ol: their ofi&Js, ancl 011 dll!T rt!lr:\ranl.
circumstances.  
16. TYPES  OF  ORGANIZATION.  Ch~cri\lly  sl)ty~I~iug,  
there  are  two  typs  of  civil  nfrairs  nrganizntion.­ ‘“13”““.  
tional  and territorial.  
60:110FI~..–4!~~~  23  

a. II1      the Opr~xtionnl type, C0nilllalldCrS Of cC)r!ht units
or of nlilitary administrative arcas arc responsible for civil affairs within their respective zOXlCS Of operation or areas; and the relationship of civil affairs Ofkr~ of 011~ echelon to civil affairs officers of a higher or IWVW cchclon are those prescribccl for staff officdrs in the aplxopiatc manuals. The chain of civil affairs control COnfOrlnS to the opera­tional or administrative ch:tin of command.
be In the territorial form, a separntc civil &airs organiza­lion is created under the direct C0Illlll:llld Of thO hater commander, or under a subordinntc CO111111:IIldC1’. Under this form, the chief civil aflairs of%lcer Of :1 territory is responsible to the military governor for the military govern­ment throughout the arca, :mt has ~~~lllll:\~ld of subordinate civil affairs oficers assigned to political subdivisions within the- territory. The lint of communication within the or­ganization is direct from higher to lower civil aflnirs oficcrs. Local civil affairs officers are IlOt rcsponsiblc t0 Op!ratiOnal ullit commanders stationed in the area with rrgard to the administration of civil affairs, but rcpokt directly to higher civil affairs oficcrs. It is n function of ~~‘~m~and to de­termine the tylx of organization to bc utilized at any particular time and ~Ixx. ThC SyStclll Xl0pt~d Inay Often involve fcaturcs of Cdl typ I:11llllllly I’Xil!S the occupy­tion will be progrcssivc, and one type of organization will
predominate  in  one  portion  of  :I  thcxtcr,  while  the  
other  type  prcdomin:&zi  in  nnothor  portion.  Under  
settled  conditions  in  continental  arcas  the  torritorial  fornl  
will  usually  prcvnil.  

17. ADVANTAGES      AND DISADVANTAGES OF EACH TYPE.
a. ‘Cantrol through OperatPonal Unit and Military Administratiive Area Commanders. (1 I Advantage, The ndvnntagc of control throu& opcr;ltion:ll nut1 military aclministrativc area commanders is thnt authority for all activities, civil as well as military, is conccntrntec~ in the hands of the commnndcr who is rcqonsiblc for operations, supply, and evacuation. Thin insures thxt 311 activities,
24
1“, I ,1
including relations between troops and inhabitants, wi&h” ” the given zone of operations or military administrative area, will be coordinated in support of the operation for which the commander is responsible. It obviates possible friction and misunderstandings which arc likely to arise when two mutually independent oflicers with overlapping responsibilities are present.
(21 Disadvantages. The disadvantngcs of control through operational unit and military administrative arca commanders are :
(al Such commanders, concerned with combat training and operations, supply and evacuation, are apt to overlook the importance of civil affairs duty to operations, as well as to diplomatic and economic objectives.
(bl Combat units are generally subject to frcqucnt movement, resulting in repeated changes in the pcrsonncl assigned to exercise control over local officials, with COXISC­quent variations in policy. Only to a limitccl cstcnt can this disadvantage be minimized by the retention in the arca, and attachment to incoming units, of civil affairs ofliccrs formerly on the staff of the outgoing unit.
(~1 Combat units will necessarily be disposed ;\ccording to strategical and operational requircmcnts, and only b) chance according to local boundaries. Corlsccplclltly, thr territory assigned as the zone of opcrntion of aOcombnt unit will usually embrace parts of the territory of numerous political subdivisions, To a lcsscr degree, this may alsa lx true of the territory assigned as the area of a military administrative unit. In such casts, the same set of local oficials may receive orders from the commanders of all the operational or administrative units whose zone of olxr;l- tions or areas lie within or partly withi the political sub­division. The headquarters of the unit may not bc located at the seat of the local governmcntnl authority, In such case, in order to provide cfTcctive control over civilian officials, the civil affairs section of the staf? of the uni1: mny have to be divided into two cchclo~~s, one at the nrilit:~ry headquarters and the other at the scat of govcxxmcnt, with consequent loss Of ~cficicncy. Even after the ix%sation of hostiiities, when forces arc used as garrisons, conformitv of their areas to political boundaries may not always be po+ sible. On the other hand, the cormander of any opera. tional unit or military administrative area may have to supervise the civil oGcials of scvcral political subdivisions, For these reasons, control through opcrationnl and ad. ministrative unit commanders is liltcly to be wasteful of
manpower.
(dJ Combat commanders and their staffs arc usually untrained in civil affairs work. Only to 9 limited extent can this disadvantage be minimized by the assignment of trained civil aflairs oficcrs to SUCK stalk
(eJ So long as hostilities are in progress or arc only temporarily suspended by an annistice, the control of civil affairs by military commanders takes their attention from the training of their men for combat, from lcadcrship in combat, and from other strictly military duties, which should ‘engage their whole time and energy.
IfI The imposition upon operating units of duties of military government or control of civil an’nirs tics such units to the al:ca in which they arc stationed and makes it very difficult to move them promptly ~1~~x1 military situa­tions, yhich should bc paramount, make such n move advisable.
b. Control Through a Civil Affairs Chain of Corn. mand. The advantages and disxdvantagcs of a civil affairs chain of command under the commanding offkcr of a higher cchclon are generally the opposite of those listed above for a civil aflkirs organization under operational units or miIitary aclministmtivc nrca commanders. A Civil affairs organization, established xftcr ~1 nrca bccomcs settled, will usually make a more cflcctivc and economical use of manpower than would an operating organization during such period. It would provide for greater con­tinuity of policy and personnel, and facilitate the use of specially selected and trained civil nkirs oflkers, On the other hand, since the 1ocn.l civil &‘airs oficcrs under thi? organization arc indcpcndcnt of the cammandcrs operating or garrisoned in their xrcas, or of commnndcrs exercising administrative command for other military purposes in the ” same area, unity of command at the lower level is not established.
18. COMBAT AREAS.
a.
Initial Organization. Military government usually begins in the combat zone, as soon as the area comes within control of the occupying force. In the forward areas organization of military govcrmncnt is necessarily limitccl to the most essential clcments of control in conformity with the military situation. Public officials may have fled, or be in hiding; consequently control must often bc cxcrciscd directly by the military forces on individuals. In rear areas, a greater degree of control and organization will usually be possible and dcsirablc. Rc,gimcnts or small naval combat units should be relieved of civil nfnirs control as far as possible.

b.
Type of Organization. In the combat zone, control on the principle of unity of command is p;~r:m~ount. Com­manders control the civil population within their zone’s of operation, without regard to political boundnrics. ThC civil airairs ofkxrs are either staff oBiccrs of the com­mander of the unit to which they arc attached or mcmbcrs of groups assigned to control cnpturcd :~cns. Orders con­cerning the control of civil nil’airs arc issued through the military chain of command. The cmploymcnt of military police or shore patrol or marine units 011 civil nfl’nirs duties is providccl for in the administrative or ol)cration or&r, or in an anncs thereto.

c.
Civil Affairs Personnel for Reinforcement. JVh the need is foucsccn, as when a city or other lx~l~ul~~us :w;\ is about to bc occupied, the thcrttcr commands clirccts that additional civil &tirs pcrsonncl be sent forw:~d to reinforce control of the area. Such personnel arc nttnclicd to the command within whose zone of olxrntions tl.11: city, port, island, or other nrcn will fall, but arc under or&:rs to pass to the control of the succeeding couin~:m&x wl~l~n combat units move forward. Evcntunlly, if the rr,rw:~~rl movement continues, they pass to the control of the c:()m­manding offkcr of a roar area or ‘to consul of tl~ n(~~~

l$rher civil affairs echelon under a civil affairs chain of command. While in the combat zone, reinforcing civil affairs personnel may be placed under the. orders of the chief of the civil affairs section of the staff of the unit to which they are attached. Reinforcing personnel should be selected with a view to their subsequent retention on civil affairs duty in the same area.
19.      ARM)’ COMMUNlCATlONi OR NAVAL AD. VANCED BASE ZONE.
a.
Amoun# of Organiza+ion. As territory falls within the communications zone or naval advanced base zone, a greater amount of civil affairs organization becomes pos­sible. Every effort is made to restore the normal func­tioning of the local government, subject, however, to civil aRairs control in aII echelons. Public ofEcixls are con­firmed in their functions, or replaced, except as to offices whose functions are suspended.

b.
Type of Organiza+ion. (1) In the communica­tions or naval advanced base zone, consiclcrntions of unity of command usually recluire that the zone and subordinate military administrative area commanders be given control of civil aflairs within their nrcas. 7%~ absence of zones of operation assigned to tactical unit commanders makes the assignment of civil aBairs control to such unit commanders as may be prcscnt unnecessary, and the disadvantages of control by such commanders make SUC~I assipncnt undesirable.

(2) If the communications or naval advanced base zone is not subdivided for purposes of military administration into sections or otherwise, the commanding oflicer of the zone (or the commxncling oficcr scrvicc forces of the theater, if he is charged with the duties of a commander of the zone) ) ‘creates a civil &airs command, and desig nates the chief of the civil affairs section of his staff as civil aflairs commander.
(3 1 If the communications or naval advanced base zone is subdivided for purposes of military administration into sections or otherwise, the commanding of&xx of the zone exercises civil al‘fairs control through section or other mili­tary administrative area comhmndcrs, who in turn control civil affairs oficcrs of the highest tmritorial political c~l~lt~l through the chiefs of the civil aflairs sections of their respective stafls, designated as civil afTairs ccmuuandcrs.
(4) If the occupied territory inch&s more than ore: country or island group or is divided into other territorial political subdivisions, it will gcncrally be advisable to detail a civil affairs group for onch of the subdivisions in tllc’ highest political echelon, with suficicnt pcrsonncl to supcr.~ vise the government of such subdivision, :tnd to m:zkc available, sufficient persomlcl for suballotmc~nt to subdivi­sions in lower political cchclons, including cities. Usually personnel will not be available for the direct supervision of political subdivisions of less degree than that corrcsl>onding to an American coun’~y, or of small critics. Thctsc% can bc supervised by frequent visits of pcrsonncl stationed at plncc!s of greater importance.
(51 Chiefs of civil a.fI’airs groups detailed to tbx military government of a territorial political subdivision command similar groups detailed to lc&cr territorial political sub­divisions included therein.
(61 The commander of a combat unit stationed in or passing through a locality in the conlrnunicntiorIs zone where ‘no civil aflairs ofEcm is prcscnt, may make arrt:sts in cases in which immediate restraint is nct!c:ssary; and, if so empowered by the theater commander, may :tp@nt provost courts to try inhabitants for oiYcnscs ag;\illst the security of his command or against inclividuals tht:r& sending the records of such trials, togcthcr with c.onvi~t~~tl defendants, tb the civil affairs o@icer iu c:hargc of t]~o ;\r(:;L. Othcrwisc, except in cmcrgcncies justifyinff assullrl)li(>n of civil affairs command by the scuior oficcr l)r(!s(qlt, con1­mandcrs of such units cxcrcise no control ov(:r l*ivil :\Q:xirs,
(7) When the forward boundary of a zone or section is about to be advanced, the comlnanclcr, unless civil alf;\irs ‘personnel who are to pass to his control are already irl th(x new arca, should arrange to have the nc:crssary ci\lil a[Sairs personnel report to the proper commander forward, to
29
be in readiness to assun~c control immccliatcly~ when the boundary is advanced.
2~. TASK FQRCE. A task ~OXXC commander operating in a theater of operations esmciscs civil affairs control lwithin his zone of operations in the same manner BS a theater commander.
21. =i’WEATER OF Q~~~~~l~~~.
a. During Campaign. (1 1 While, the thcatcr is sub. divided into a combat zone a~1 a communications or naval advanced base zone, the theater commander exercises civil affairs controI over the combat zone through tl~ command. ing officers of field armies OT the naval flcCt or task force Commanders and over the communications Or naval ad­vanced base zone through its commanding o&xx.
(21 If, however, the theater is subclividcd into zones of operations assigned to scparnte task forces, each of whicll has its own communications OS naval advanced base zone, the theater commander exercises control through task force commanders.
(3)
Control over the central civil administration of the occupied area is ordinarily cscrciscd directly by the theater commander through the civil all’airs section of his staff. If the thentcr headquarters is not at the capital, it may be necessary to divide the theater civil alITairs staIT section into two cchclons, and to station a portion of it at the head­quarters and a portion at the capital. If unclcr such cir­cumstanccs the capital is in the combat zone, the echelon of the civil aflairs section of the thcatcr stall: stationed thereat may bc nttachcd to thC ficlcl army or naval task force whose zone of olxxations incluclos the capital, nncl the commanding oficcr thcrcof may bc char@ with tempo­rary responsibility for supervision of the ci&l service at the capital.

b.
After CessaHon of Hostilities. hftcr fighting has ceased, in conscqucnce of an armistice or lx~tocol which rcndcrs the resumption of serious hostilities improbable, or if for any reason an occupied country is no longer within a Combat or communiCationi base xonc, tlrc tlicntcr com­

Ill;lndcr, or other suprcmc comnmndcr in the occupied country, so long as military government continues, may exercise control either through commanders of comhat units, within misting political subdivisions or within mili­
.tary districts consisting of a nunlbrr of such politknl subdivisions, or hc rnny cscrcisc control through civil af1’airs groups detailed directly to tcrritoriar politikxl subdivisions. If the situation ~warrants, a combination of thcsc two systcrns may be utilized, conlmaxlders of the larger cnnAx~t units being placed in control of the higher c~l~lons of military govCtmnerlt, with Civil nITairs groups, indclmKlcnt of commanders of the smnllcr combat units, bring dc~tailcd by them to exercise military govcrnmcnt functions it1 the lower ccliclons.
22. CIWIIL AFFAIRS STAFF SECTIIBN.
a.
Creation of Section. In aclvnnce of thr entry of United Stntcs forccx into territory to bc orcupicd, the thcatcr comninnclcr crcntcs a civil ntl‘nirs section of his staJT. Such sections arc also provided for the st:kIl’s of subordinate commanders who arc assigned broad responsi­bility for civil aflairs planning and ~ol~un:u~l.

b.
Duties of Chief of Section. ‘I’hc duties of 111~ chief of a civil nITairs section arc-­

(1 I To assist the commander ia all nmttc?rs of or~~;tniz;L- tion, supervision, and control 01 niilitary govcuinicut iii the area occupied, arId to furnish him with lull illforllmtion w the charnctcr af the p~ol~lc, the nntt~rc~ of tllc ~ovc~rn~r~wt, and the specific probkn~s likrly to bc facctl in tlmt territory.
(2 I TO be rcspisiblc for tllc pwpwlicln of tlL~tililC!Cl plans for nlilitary govl\rntiicnt in i>nch arca to Ix ocu~lkcl, inclucling gcncral di:sigrmtions of tlii: ~~unihrrs :u~l typrs of civil an’nirs pcrsonncl ni~lid, to kcq) sucl~ lk\i~s ~~irr~~it and to obtain the con1nl;uldcr’s npp~val of LINWL
(3 1 TO Inc rcsponsiblc for that, prqxnxticrn in :~l>l)r~>l)riilt(:
langungcs  of  such  llr(~cla.iuntioris,  ordiniulctx,  :ultl  orders  
to  be issued  in  the  XU~C  of  tlx  coltlnmtldcr  :ts  lmvr:  Ilot  
already  1×33~ prel~arecl.  
ti6H:l (18”-~-4!b—-o  31  

(4)
To prepare for issuance by the commander to sub. ordinate civil affairs offlccrs SUCK information on strategic and tactical dcvclopmcnts and 0x1the plans for military government of specific areas as will be necessary to keep them constantly up to date.

(5)
To corrclatc and analyze information rcceivcd through the commander fsom civil affairs ofliccrs and from intelligence and censorship lxrsonnel and to utilize it as a b&is for further planning.

(6)
To maintain constant liaisori with combat, security, supply, medical, engineering, and other officers on the commander’s staff, in order that planning I~KLY bc total ,ind coordinate bctwcen all branches of the scrvicc.

(7)
To be responsible under the command and in ac. cordance with specific directives issued for particular areas, for the supervision and coordination of the work of civilian agencies of the United States and its allies participating in the later phases of ,military government when the thcatcr commander has authorized their participation.

(8)
To supervise esccution of civil af?‘airs orders and,

where  designated  as chief  civil  affairs  off&r,  to  command  
,a11 civil  affairs  groups  placed  under  him.  
23. ORGANlZAl’IOl’l  OF CIVIL  AFFAIRS  SECTIION.  

’ a. General. The mxgnitudc and character OF the tasks of a civil aBairs stafl section will vary g.rcatly from one. territory to another. Ed1 section will riced to bc mnnncd to do the particular job at hand, and the stn@ assignments will ncccssnrily dcpcncl on the particular situation and the pcrsonncl available. A large cic~grcc of versatility in per­sonncl and flexibility in staff assignments will lx csscntial, particularly in the c>nrly periods when the nature and dc­grcc of the supervision to bc csorciscd over local onicials is uncertain.
b. Irsternal Orgchzation. The chiclF of every Civil a,ffairs section will need to make provision for the following activities, but in a small staff scvcral of thcYc activities may bc pcrformecl by a single ofl~ccr, particularly in isolntcd and sparsely populatccl tcrritorics or in island arc:~ of interest primarily to the Navy: ;
32
(11 Administrative Officers. eputy. A large section will require a deputy, assist the chief of the staff and act for him in his
absence.
fficer. The chief of the staff csccpt in small sections, will rcquirt: an csccutivc oflicc~r to coOr­dinate the management of the O&X and t0 handle spccinl
assignments.
(c) Staff Assistants. Every chief of a civil &Xrs see­tion should have one or more ,qcncml nssistants. Thq should not be given fiscd assignments, but shoulrl Ircb assigned to invostigatc any problem which nriscs ; to COIINC information; to see persons whom their chief cannot take the time to set; to visit lower cchclons; to prcparc‘ pl:Ul!i, policies, or decisions for considcrntion of their chief; to .
.      preparc orders to carry out such decisions; :md to SW to it that the orders xc transmitted to the proper pcrs~ns UKI arc carried out.
(dl Internal Administrative Officers. OfEccrs will. bc nccdcd to perform the duties of nrmy adjutnnt Or nav) csecutive 0Eicer nnd supply Oficor. ThWC llliltt~~l+S Of in­ternal administmtion arc Of vit:tl importnucc to the func­tioning of the civil afl’nirs section, :md should 1.~ :\ssign(~d to cxperienccd and qualified OfIkcrs. 111 a l:~rgc civil affairs section, scvcrnl oficcrs may bc nec&d to p:~forln these functions.
(2)
Functional CHficers, IIcpcnding upOn the conk plesity OE the duties t0 bc pc!ri’Ormcd, tlx civil ;112’;birs st:(*tiolr may require il numl.~C~r of functkxxd c~fkcrs, such ~1s nI& Cal, lcgnl, fiscal, intclligcncc,, and 0thc:rs. For ;I &:tdd description Of th? functions to bc p(:rfornic~C~ by civil :kll’;\irs ofkers set paragrnph 12.

(3)
Civil Affairs Officers from Other ServEces. 111 joint opcratinns, the c:Omm;mdc:r sho&i incluC~(: in the civil affairs section One Or morr civil nll’:\irs (Jf]iccrs Sroln th,a other service, It is nocc3sary tlult c:losc~ li;lis0n (+t [)t:­~WCU army :md navy civil :Gairs olliccrs, 1~ th(t O~~,tl~~;\- tion is primnrily Cln ;zrmy optxltion, it niivitl civil i,[l’;lirs oflicer shOLllC1IX Clttitdld to the\ army &vi1 ;\ffilirs st;tir ior

33
liaison and to assist in port Colltrol and 0t11cr Civil affairs duties. If it is a naval operation, and particularly if later Control is to be talrcn over by tbc army, it is csscntia.1 that army Civil affairs ofkcrs be attached to the naval Civil a&s staff.
(4) Civil AfTairs Officers of Ofher Na*ions. In my combined operations involving the forCcS of the Uditcd States and its :lllics, Civil affairs OffiCcrs of the nations participting should bc nssigncd to duty in number and to posts as dircCtcc1 by the thcatcr Comma~ldcr or his d&g­nated subordinate.
24.
CIVIL AFFAIRS COMMAMRS. Whcncvcr a civil aRairs section of&r is dcsignatcd as chief of civil affairs, hc exercises the usual functions of Comma~~d over civil affairs groups clctailcd to territorial politiCa subdivisions within the geographic limits under his supervision, while at the same tirnc continuing to scLrv(: as a ~t:lff ofriCer to his Commander.

25.
CIVIL AFFAIRS GROUPS.

Q. General. A Civil affairs$ group detailed to a terri-’ torial political subdivision should consist of such ofliccrs, warkant officers, and cnlistcd pcrsom~l as m:ly bc ncccssary, with due regard to the structure and functions of the governmental unit to bc Controlled, the nnmbcr of subor­dinate territorial political subdivisions within the subcli­vision to which the group is clctailcd, the cast of Communi- cation within the arca, and thr size nncl chnractcr of the l~opulntion. To avoid Compiicntions arising from clcntb or illxlcss a.t lcast two ofIiicYY3 should b(: assigned Co conch group. The pcrsonncl of the gro~q) should bc assigned to such duties as its chief may clirtxt. Bscept in lnrgc Cities, ordinarily the lower the political cchrlon the less is the need for spcckdizntion; and whcrc ,thc group is small, slxcinlizatioii is impossible. A Inrgc Civil nfl’nirs group may bc organized in a mnnncr similar to a civil nRnirs staK section. (Set par. 21.)
b. Required Ccdegaries. In orckr to Coiuplctc a wcll- balnncccl gm~tp for Civil afYairs clutics, the following catc­gorics of pcrsonncl may bc rcquirrd :
34 .
( 1 ) Esccutivc and administrntivc pcrsonnc~l with special training in military government and liaison.
(2)
Technical specialists with special training in the characteristics of the arc:\ to which assigned.

(3)
Junior assistants.

(4)
Secretarial, clerical, and similar pcrsonncl.

(5)
Intcrprcters.

(6)
Military police; short patrol, or marine clctnchmcnt.

(7)
Oficcr and cnlistcd pcrsonncl for operation of motor vehicles, patrol vcsscls and airplnncs assigned to civil airairs units.

26.      MlLlTARY POLICE, MARINES, AND SHORE PATROL.
a. Necessity. (11 The chief of each civil affairs group, in territory in which United States forces arc cscr­cising military government, will need su&icnt force at his command to insure cxccution of his orders; to nrrost offenders against the military govcrmncnt; to s&e Brcarms, ’ explosives and other contraband nrticlcs; to s&c and guard funds;’ to seize and seal rccorcls and archives; to .control, reinforce, or supplant the local police in the maintcnancc of public or&r ; and to prcvcnt or sUpprcss espionage, sabotage,, and rioting. Such forces will nlso be needed by combat unit comm;u~dcrs who arc vested with civil affairs control.
(2)
The use of combat units for this purpose, at lcast until a definite ccssntion of hostilities, is unclcsicnblc~, though at times .it may bc ncccssary. Not only arc such units divcrtcd from their combat nlission and innnobilizod hut their armament is unnc~cc~ssarily l~owcrful for orclimlry civil al-fairs duty.

(3)
Organic military police units nf arnlics, corps, divi­sions, and ma.rinc or short patrols of ilcct unit.s, will not ordinarily be available in the colnniunicntions zone 0r n;~vnl advnnccd base; furthcrxnorc, their :trnlaulcnt is n0t wtbll adapted to use in civilian control, While they lqill 1~ available in the forward nrcn, tlicy can si~lclom 1~ sp:trctl from otlicr clutics in suflkicnt nunJ~i~rs to control the population of a city, port, or ciqcstccl arca.

35
(4)
Where local civil police forces OX cOtlstabularics are trustworthy and adequate they shall be USC~ to the maxi­mum extent.

(5)
Where local civil police forces are inadequate or ca’nnot be relied upon, military police, marines, or shore patrol should be provided, organized, and equipped similarly to rear area military police units. Units which may have to be sent rapidly from their station to control outlying areas should be wholly or partially motorized or, in the case of island ‘areas, provided with patrol V~SSC~S and airplanes. The use of women nmrhers of the armed forces may be pra&&le, for technical and clerical duties.

la. Assignrmen+ and Command. (1) Military poIicc, marines, or ‘shore patrol units for the enforccmcnt of civil affairs control outside the forward arca should be assigned to cities and to political subdivisions a~ the situation war­xants. They should be placed under the command of the o&er in charge of civil affairs in ‘the city OX other political subdivision. This is a matter wholly within the discretion of the zone or theater commander.
E2) When there is riced thcrefor, the thcatcr commander may direct that reinforcing military police, marines, or shore patrol units be sent into the forward nrcn for the enforcement of civil afFnirs control in cities or other con­gested areas. Such units will bc attached to the combat unit in whose area of operations they arc to be. stationed, but with orders to pass to the control of succeeding com­manders when combat units I~~OVC forward, Eventually, if the forward movcmcnt continues, thc?y pass to the control of the commanding oficcr, communication zone or naval advanced base, or of the com~nancl~r of a s&ion thereof, and by him are l~la~ecl under the command of the proper civil affairs oficcr. While within the WJIK of operations of a combat unit, they may, by the commander thcrcof, bc placed, according to circumstances, under the command of a civil affairs oficer of the unit, OS otheswisr. assigned. They should bc sclcctcd with a view to their rctcntion, wholly or ih part, on similar duty in the same arca,
36
c. Authority to Make Arrests. Subject to the orders of higher authority, military police, whether on or ofF
5 duty,      have authority to arrest inhabitants of territory under military govermnqk,, who offend against, or arc suspected of offending against, the ordinances or other orders of United States military authority or against local law, or who are in any way disturbing the public pcacc or acting in a manner hostile to United States forces. When immc­diate restraint is ncccssary, they also have authority to arrest persons subject to military law; such poisons shoulcl, however, be turned over to the appropriate commander as soon as practicable.
SECTION IV

PERSONNEL
27. PLANNING AND PROCURE’MENT.
a. Responsibility of Theater Commander. ‘I’hc theater cpmmnndcr is responsible that careful cstimntcs trf civil affairs pcrsoniiel rcquiremcnts-oficcr, warrant of&c, and enlisted pcrson”d-bc made well nhcad of :rny plnnnc~d occupation, ancl that such personnel arc rcquisitionc:cl. 1‘1i~~ personnel furnished undrr the requisition will bc assc~blrd in the theater under the direction of the theater CC)I~­mander. They will bc given the ncccssary further training, orgnnizcd, and nssigncd to duty in numbers :~d with qu;\li­fications sufkient to meet anticipated needs. r\s ~1 rultl, cxccpt f6r comn1anders of large units who pay 1)~: g;i\rpn responsibility for civil afTairs, pcrsonncl of combat units will not be assignccl functions of spc&lly tr:tincd civil affairs o&ers. Nevertheless, if they arc nl:c:d(;d in tip early phases or when hostilities have ceuscd ancl milit;\rv
government is expandccl, combat pcrsonncl with ~jrcv&+ experience in sonic nspocts of civil govcrnmcalt may ~11 [)(a transferred to duty with civil al-l’:&. ‘CVhr:tl so :\ssignpd, they should be ~l~t~~hed from ~tl~r duticxs ;mc[ tllpir work confined to affairs of civil ;\dn\il&tration.
b. Responsibility of Officers of Lower Echelons. Each ofEicer charged with civil affairs control is responsible for the allotment of civil affairs persormcl to the next lower echelon to meet its anticipated needs %nd those of further subordinated echelons. The chief of. A civil aflairs section or group should be consulted as to the sclcction of his subordinates.
28. TYPES AND QUALIFICATIONS.
a.
General, Th& conduct of civil aRairs will require personnel drawn from various professions or callings. The chief administrative personnel for military government should have executive or administrative expcricnce and an understanding of the management of men and affairs. It is desirable that they should also have an intimate knowl­edge of the territory concerned, and its people and lan­guage. To assist them, persons with special or professional training in the several fields of civilian activity, or with ” particular knowledge of the area occupied, may bc needed.

b.
Chief or Deputy of Large Civil Affairs Staff Sec. tion of Field Group. Thcsc officers should have broad executive cxpcrience, military or civilian, and Exceptional clualifications of character, judgment, and ability. They should be thoroughly trained in civil aflairs work, and also \bc well informed concerning the territory occupied. Knowledge of the language or languages in use in the territory is desirable.

c.
Chiefs of Small Civil Affairs Sections and Field Groups, and Executive Officers. Thcsc oficers should have the same high personal qualities as rcquircd in b above but will usually bc less ospericnccd, They should bc thoroughly trained in civil aflairs work and, if possible, in the language of the territory.

d.
Staff Assistants. They should hivvc had esecutivc or administrative expcricncc, particularly in staIlC work, Some stall posts will also rcquirc an intimate lrnowledgc of the country, its people, and its language. They should bc thoroughly trained in civil affairs duty.

e.
Administrative Services Personnel. These serv­ices will hnvc to bc conductrd under diflicult circumstances,

at times in situations where the customary services of the Army and Navy are not available. The ofliccr and en­listed personnel should be experienced in the duties which they are to perform and familiar with the practices and procedures of the Army and Navy. *WhiIc dcsirnble, it is not vital that they have training OT cspericnce in civil affairs.
f. Functional Officers. Functional staff assistants and specialists should have both profcssionnl training and opcr­ating experience in their particular field, such as public health, public utilities, transportation, and others. Those assigned to theatw stat% and other high cchclo~~~ should bc trained in civil affairs and in the characteristics of the territory. In lower echelons while training in civil affairs is desirable it needs not bc more than a minimum.
29. TRAINING.
~1. In the United States. Training of administrative and specialist pcrsonncl is conducted in schools of military govcrnmcnt of the Army and the Navy. Military police schools for civil affairs training also aw conducted by the Army.
b. In Theater of Operations. 111rhc tl1mtcr of opcra- tions, training for civil aflairs duties is a function of com­mand. Civil aflairs pcrsonncl nssigncd to a particular ter­ritory in advance of the occupation sl~o~~lcl rcceivc further intensive training. Such training should inchule, cspc­cially, instruction in the background of the p:uticular arca, the language and charnctcristics of the proplc, and in the civil aRnirs plnns and orders for military govcrmncnt as they are mado ancl issued. Insoh: as practic;~blc, tlic tmin­ing should be given by officers having an intimate kno& edge of the nrca, and by the civil afl’airs stair dr;&ing tl~t: plans and orders. Current Army and Navy intclligcnrc and censorship reports sl~o~~lcl 1~ rn:ulc avnilahlc ant1 tl~c assigned civil affairs l~~~onnel should bc kept l)ostccl 011
ncccssnry  military  aspects  of  the  occupnticn  plans.  ‘rha  
military  commander  sl~o~~~d  tnlcc  steps  to  ~SSII~C  tl~nt  ci\7il  
affairs  OfIkC:IY  rccxivc  :I11  CliUiSiACYl  informntim  pi$ncl~l:  to  
their  duties,  
39  

SECTION V
* PLANNING
30.
GENERAL. Pl?nning for the control of civil affairs in occupied areas is a responsibility of commanders assigned to the planning of military operations. Civil affairs plan­ning, as a part of the planning of military ollerations, khould be integrated with operational plans and integrated with the situation and problems to be met. These problems ­in civil affairs should be anticipated and provided for by plans and alternatives, Acxible and subject to continuous change and adaptation during operatibns. Careful plan­ning will lead the command& to issue the specific civil’ affairs orders suited to the cxpcctcd situation. Planning will also reveal requirements for ofricers, enlisted personnel and materials, requisitions for which should be forwarded in ample time.

31.
BASIS OF PLANNING. Information required for preliminary planning of military government will be fur- nished by the War, Navy, and other-departments of the United States or alliecl govcrnmcnts. Information for later planning in the theater of operations will bc supplied by the intelligence and civil affairs branches of the various services. Such information will include, in addition to such parts of the military plan as may be necessary to civil aBairs planning, the following’ concerning the area to be occupied :

01. The rcccnt history of      the country.
Ib. The theory and actual apcration of its government including the titles, functions, backgrounds and names of ofZcials in a position to help or hinder the mission of the occupying force.
c.
All facts which may affect the mission, such as political parties, factions and ~l~avag~~, unoficiicial persons wielding political or other power both in the central govcrmnent and in political subdivisions.

d.
Geography, including l&ation, area, topography, climate, and natural resources.

e.
     Ch$mcteristics of the inhabitants of the country such 40

as ~~u~~lbers and prc~l~ortions by race, religion, and pliticnl 0r other nffYiation, and factors indicating probnblc attitudes toward the presence of the occupying force.
f, Local customs aud traditions, scnsitivc points, taboos, and national or religious obs~rvxnccs such as holidays and sacred or forbicldeu places,
g, Standards of living including hcnlth and dietary habits &ich might alrcct the occupying forces.
h.
Administration of justice, including tribal custc~nls aIld traditions.

i.
Forms of social courtesy townrds difTcrcnt ranks among the inhabitants.

j.
     Character of the p0pulation as to ordcrlincss and

obedience      to law. k, Chnractcr of the police force and fire dclmrtnmnts.
1. Regulations and conditions as to salts of liquor and narcotics.
m.
Existcncc of subvcrsivc 0~ tmtmy groups, potcntinl saboteurs and spies.

n.
Organization and reliability of the civil courts in which 0ffenscs by civilians might bc tried.

Q.
The dcgrcc of dcvcl0pnmnt of ngriculturc aud forrsts, industry, ruining, labor conditions, lxlrticularly as they will affect matcrinl, labor, :d other supplies for the: task fm~..

p, Financial situation, including banks, condition of banks of issue and comrucrcinl bmks, mtcs of cxclmngc, amount and s0u1~lness of currency in use.
q.
CurrcnC cconamic situation, i1lHOlltltS Of gOOClS :~.vnil­able for pulxI1:Isc, L\lld chc prob:Lblc cfl‘lx:l cd tl1c ]lrt’st!11ct: of a well-paid nccul)ying Eorcc.

r.
Fond supplies, including their sufficiency for thtr 1~~1~ lation and for the occupying f0rtx.

S.
The :zvailability nlld ndcquW,y of institutions,, I’i\CiXi­tics, matcrinls, scrviccs, equipncnt and I:tbor, likt‘ly tn afkct the mission of the force or In be rcrluirc:d by it, such as the capacity nnd condition 0.r ~~ublic works 3ud uW.ic:s, including milroncls, C:;iui1Is, hnrbors and d0cks, hi~hwnys, bridges, rolling stock, ~~otor vchiclcs, g;\s, clcctricity, writer works, and scwcragc.

41
t.
Extent, location, and condition of the postal tele­graph, telephone, and radio services.

u.
public health, inclucling sanitary condition prevalence and control of disease, protection of food, milk and water supplies.

v.
Civilian Bebense. Set paragraph 32~4.

32. R~§~O~SiR~~lT~ FOR PLANS.
a.
War and Mavy Depar#men*s. The Civil Affairs Division in the War Dcpartmcnt and the OfIiccz:for Occu­pied Arcas of the Navy D’cpnrtment, s~bje~l:to the directiou of the Joint or Combined Chiefs of Staff, are responsible for the integration of the civil affairs plan with the strate­gical and logistical plans for military operations and for liaison with civilian agencies of the United St,ztes hovern- ment. The civil affairs plan of the War and Navy Depart. merits, usua.lly brief and general, is transmitted to the theater commander in the form of ‘a dircctivc. It contains the broad political and economic policies to bc observed.

b.
Thea+er of Operations. Civil affairs planning for his command is a responsibility of cvcry officer charged with civil affairs control, whcthcr he be the theater coin­mander, the commander of a task force, a tactical unit, or a military administrative area, or the chief of a civil affairs group. The duty of actual preparation of the plan in accordance with the directive of the commander, usually devolves on the chief of the cisil affairs section of the staff. According to circumstances, the commander approves the plan, with or without modification, bclore it is translated into orders, or approves the civil aflairs order which results from the planning. It is dcsirnblc that civil aflairs plans of theater and task force commanders be trannnitted to the Joint or Combined Chiefs of Stafl’ for confirmation.,

33. FORM 6% CIVIL AFFAIRS ORDERS.
a. Of Thea+er and Task Force Commanders. These commanders may, according to circumstances issue civil affairs orders as annexes to administrative or operation orders for military operations, or as routine orders when there is no direct connection with an operation.
known to the subordinate or included in an accompanying field or operation order. This may include information of enemy forces, of the enemy populntion, and any available supprt from agencies not tinder the command of the issuing officer.
(2)
The general plan of the commander, cscept so far as it is already known or is included in an accompanying order.

(3)
Subordinate oficcrs charged with civil*nfairs con­trol.; crcat?on of civil aflairs command or civil affairs groups; attachments and detachments, with time and place of each, including military police, marines, or S~OUC

patrol;missions of each.
(4)
General instructions governing all subordinates; such as­

(a)
Security measures to bc tnkcn.

(b)
Controls to be estnblishcd over civilian supply.

(c)
Measures to be taken td rcstorc public order. (d I Records to be impounded and their disposit.ion.

(e)
Directions as to control or disposition of public funds, ($1 Directions as to authority to mnkc requisitions.

(g)
Dir&ions as,to handling of enemy-own~cl property. (hl Currency to bc used and rntc of cschange.

(i)
Treatment of, or conduct toward, enemy nationals and local population and of&i&.

(j)
Slxcia.1 mcasurcs to bc taken with regard to public institutions; banks, industry, commcrcc, labor, and other activities.

(k)
Authority to appoint military courts, and to approve alxd execute scntcnccs; rules as to proccdurc; limits of punishments.

(I 1 Authority to appoint and rcmovc local officials.
(ml Proclamations nncl general ordinances to br pub­lishdd. (These may a,plx?nr as an appcnclis to the civil RfFairs anncs or routine orclcr) .
(n 1 Authority to issue ordinances of local application. (09 Reports to bc made; when and whore.
(p) Location of the issuing commander.
44
SECTION VI
 

PROCLAMATIONS, ORDINANCES, ORDERS, AND INSTRUCTIONS
35. INlT1AL PROCLA
a.
Issuance. While not ninnclatory unclcr intcrnntionnl law, as soon ns lxactiC:nl~lc after coi~i~~ie~~ccii~c:iit Of an Occqation, the tllcatcr coulumdcr, Or an :xuthorizcd sub-Orclinatc, should issue tO the inhalGtants of the occulGx1 territory a prOclnmatian informing them of the fact of Occupation, tllc estcnt of territory nfTcctcd, and the obli­ptions, liabilitic:s, &tics, cmcl rights of tlic pol.dation unclcl military gOV~T~llll~nt. Gcncrnlly, this lmxkumtion will have lxmi lmprd in ndv:uicc and in accOrclancc with directives from higher authority. Whcrc occupation Of ;1 large nrca is lx0cix~iling by stngcs, it is lm~lxr to stntc that the proclaniation will 1.x: appl’icnl~lc in ndj:~ci~nt art:35 2s they WC occupied.

b.
Form and Character. 111 The ll~C~(:l~unn~ion should bc: brief and in siniplc tcrnis. It sl1ould lx! ph­lisld as witlcly as lmssil~lc in I?qlisli and in tllc latlguaps of the occupied Z11’CiL Ally trnnslntion sh0ulcl 1×1 iclimnatic~, clear, and con&c.

mation Jivill bc more friendly in character and may cmpha­size dcliverxncc from a common cncmy.
(3)
In occupations of neutral or nllicd territory, lately held by an enemy, a mnnifcsto may also be issued by the legitimate gavernmcnt supporting the ocxxpation and call­ing upon ~ff%ktls and inhabitants to coopcratc and to obey the r&es laid down by the commxldcrs of SUCK forces. Such manifcstos arc not legally ncccssnry, but arc issued to promote coopcration of the population with the CKXupying forces. In occupations of this type, the thcntcr commnndcr will usually clcnr such manifcstos with the Joint or Com­bincd Chiefs of Staff.

c.
contefa+s. The initial proclnmatioa will vary in content according to the circumstances of the occupation. The important items to-be covcrcd XC: the stntc of nRa&s which exists, a definition of the arcn and peoples to which the proclamation npplics, the cxtcnt to which the civil administration will bc nflcctcd, the manner in which the inhabitants arc to conduct thcmsclvcs, and the mcasurcs which will be resorted to by the military govcrnmcnt. It is imlxacticnble to outline the contents of proclamations for all tylxs of occupations. In dcfinitcly hostile territory the proclamation should, in gcncrnl, cover the following points :

(‘II 1 Declaration of the Occupatian. This is formal notice of the fact of occupation and of tllc territory in gcncral over which the military govcrnmcnt nssumes jurisdiction.
(21 Purpose and Policy of the Omxqmtion. It may bc advisnblc to include a. stntcmcnt as to the l~url~ose and policy of the occupntion. Politicnl objcctivcs should be included only prsunnt to instructions from higher authority.
(3 1 Supremacy 6f Military Authority of Occupying Forces. This is an csscntinl lxcrcquisitc to the ndminis­trntion of any military govcrmncnt. It shoulcl bc nn­nounccd that n military governor had been appoirrtcd and that political tics with 2nd obligntinns to the cncrny gov­crmncnt, if any, arc suspcndcd. It should bc announced that inhabitants will be rc:~pirccl to obey orders of the theater comnmndcr and his subordinates and to abstain from all acts Or WOKIS of hostility or disrcspcct to the occupying forces.
(4) Retention of Laws and Officials. It: &uld be nnnounccd that, unless the military authority directs othcr­wise, local 1:LwS alld CuStOlns will continue in force, local OIlGals will continue in Oflkc, and ofIiccr and cml~loyees Of all transportation and colnmunic:ltion systems and of public utilities and other csscritinl scrviccs will carry on with their regular tasks.
(51 Treatment of Inhabitants. Assuratm-~ho~kl be given that persOns who Obey the instructions of the mili­tary authority have nothing to fear and will be duly protcctcd in their lx~sOns, property, family rights, religion, and occupation; and that those who commit ol-lcnscs will he scvercly punished.
(6) Resumption of Usual Occupations. Inhabitants sho~~lcl be instructed that they nlust continue or resume their usual occupations, unless sp~cifcslly clirectcd to the contrary. This will assist in the nlaintennncc of law and Order and restoration of nornml Oconomic conditions.
(71 Detailed Rules of Conduct. It is advisable to put the polxk~tion On notice that furthc:r proclnnintions or ordinnnccs will specify in dctnil what is required of the inhabitants and what is forbicldcn than to do.
(81 Miscelllaneous. Other rnnttcrs may bc coverccl, if circuinstnncos wnrlYult. Proclnmations published by prc- vious military govcrnrncnts may nlso scrvf as useful guiclcx
d, Bwblication. Proclamations mn.y bc l~ublishccl by posting, publication in ncwslqxrs, broadcasting, or any other pcticablc ructhod avvail:tblc in the lmrticul;.lr tcr& tory. It may bc aclvisnblc to publish thcni iii the snnlc II~~II~I~ ns 1cga.l notictrs arc lx~blishccl in the occupied area, or to crcntc a new olIicia1 publication clovotcd csclusivcly LO actions Of the military gpmmrr~cnt and to provide that pruclaniations and Ordinnnccs bccoinc cn‘cctivc when they appcnr in such publicntion.
, ,
/ ;
/
,
(
a.
Issuclace. As soon as practicable after the publica­tion of the initial proclamation, the theater commander, or his authorized subordinate, will issue a detailed set of rules regulating the conduct of the population. These rules may appear as a proclamation, numbered in squcmce with other proclamations, or as ordinances. As far as possible these rules will have been prepared in advance and in accordance with directives issued to the ,thcater com­mandcr. Careful study should be made of the local laws, in order that necessary rules or ordinances, and only these, may be prepared, and in order that their full ramifications and effects may bc unclcrstood.

b.
Form-and Character. The people of the occupied territory should be informed as to what they are rcquircd to do, what acts are forbidden, and in what courts they may be tried if they are charged with offenses. In general they should bc warned of the penalties which may be im- posed for disobcdiencc. Offenses should be clearly and simply defined. These further proclamations or ordinances should be published in English and in the languages of the occupied area. Translations should be simple and clear. It may be necessary to have a general prohibition against all hostile or subversive acts to cover oBenses not specifi­tally mentioned. Great care must bc exorcised in connec­tion with such regulation as it will mean very little to the population and will bc subject to grcnt variations of inter- pretation by the courts. As soon as several conviction6 for a similar offense under such regulation have been approved by the reviewing, authority, that type of of%nsc should be made the subject of a clearly defined proclamation or ordinance. In this way all forbidden acts which could reasonably be forcsccn, or which have been pointed up by experience, will be clearly set forth as a guide Lo the courts and population.

c.
Contents. Contents of further proclamations OF ordinances will depend upon the stage of development of the pcoplc, their laws, customs, and institutions, and upon the military and political situation at the time of the occu­

pation. The rules laid down in the initial proclamations
and ordinancg are concerned primarily with the mnin­
tenance of law and order and the security of the occupying
forces and their lines of cOnnnunicatipn. Additional rules
or      ordinances will be issued as ncccssary to cOver a wide
variety of subjects. Proclnnlntions or ordinmccs may be
alnendcd or replaced, in accordance with cspcricnce. l’rc”.
quent changes are to be avoided, as they may be intcrlxctcd
by the inhabitants as indications of vacillations and wcab­
ness. In gcncral, it is sound policy to bc strict at the
beginning of an occupation and gradually relax the rcquirc-
nlents. Proclnniations Ox* ordinances should contain 110
provisions which it is not plautxd or not possible to enforce.
d. Delegation of Authority. Theater coxnmandcrs
lnay delegate their pOWXS to issue p~OCl~Ukli~tiOllS 01’
ordinances to subordinate ~omn~nndcrs or civil aflairs of&
cers, placing such limitations upon the csercisc of dclegatcd
authority as tl?cy see fit. It is geuerally advisable tl\at
considerable authority bc dclrgatcd cithcr to unit COIW
rnanders or civil a&k oflic~rs who arc actually locntcd in
the occupied territory. All ordinnnccs of local :qq~licntion
only will bc signed in the nnmc Of the military governor.
e. Publication. Publication may lx made as in the case of initial lxmlninntiOns.
37. ORDERS AND INSTRUCTIONS, Authority to issue detailed orders and instructions to locx~l oflit:i:ds sl~o~dcl iw delcgntcd to unit ~O~nnmndcr~ Or civil aflairs nflkcrs on thr spot. Insofar as possible SLI& orders and instructions should be in writing and topics rctninccl. Oral orders rund instructiorls may bc! given through intcq9rtWrs or in tlic local language. A record slmuld lx !-x~~t of iu~lxwtnnt: ones. Esccpt in cincr&m!ics, Only the ollici~ rcsl~or~sil~lc
1      for civil allYail Col1trOl in a pWtiCUl;W nrcta, or llis :~~ltllcjri& subordinates, should issue orclcrs or instructions to local oflicials. If an oficcr fr0m a higlicr civil &airs cchclorl
*      is sent into an arca 0x1 a mission requiring contact with local oficinlf;, hc should ~o~~s~dt with, act through, tilt: oficur charged with local civil nfl’nirs contrO1. Wlirrt: effkicnt n~lIiiiiiistration rccluircs that: lligli runlcing lc& civilian ofIicinls be permitted to continue a practice of transmitting orders directly to subordinatE officials, some procedure should be established whereby the civil affairs officer immediately concerned is informed of such orders and is empowered to interfere and countermand when he believes such action to be necessary.
SECTION VII

MILITARY COMMISSIONS, PROVOST COURTS, AND CLAIMS
38.
ESTABLISHMENT. When an area is occupied and placed under military govcrnmcnt, the commanding officer in the theater of operations should establish military conl­missions and provost courts to try inhabitants for offcnscs aflecting the military administratian. These courts in general will not be circunxcribcd by the statutory and other rules governing courts martial; and their number, types, jurisdiction and proccdurc will be determined by the theater commander, subject to instructions from higher authority. The term “military courts,” as used in this manual does not include “courts martial.”

39.
TYPES.

a. Customary Types. (1 I It has been customary for forces of the UniGxl States to provide lor at lcnst two types of military courts for the trial Of civilians-military com­missions and provost courts. The former deals with tbc most serious oflcnscs, for which punishment by death or by long prison terms and heavy fines have been prescribed, while the latter deals with less serious casts.
(2 1 Military commissions may bc appointccl or convened to try slxxific casts, t,f as standing tribunals to hear all suc11 CBSCS. Their nun&x and location will dcpcnd upon the volume of casts to be tried, the availability of ofkcrs to sit on such courts, the ncccssity for travel, the avail­ability of witncsscs, and the eficient administration of justice,
(3)
Provost courts may also be appointed Or convened to try specific cases, or as standing tribunals to hear various classes of lesser cases. Generally, a single type of provost court will be sufficient, although circumstances may war­rant the creation of superiar and inferior provost courts. Where there are a suficicnt number of minor oflenses in any locality to occupy the full time of one court, and enough of the more serious oflenscs cognizable by provost courts to occupy at least the part time of another court, it may be advisable to crcnte two types of provost courts, in order to espedite the disposition of the large volume of Ininor cases. The number, types, and location of provost courts will depend, as with military commissions, upon such factors as the volume of WSCS, the availability of oficcrs, the question of travel, the whcrcnbouts of wit­nesses, and the speed and cffcctivcness with which justice can be administered. Thcrcforc, for cficicncy, a civil aflairs oficer cxcrcising control over a p”rticular area should dclcgntc the power to bring to trial with cslxxlition the majority of cxcs. A table of masimum punishments for specific OIFCnSCs, aS well as the power of remission vested in reviewing oficcrs, should counteract any tcndcncy toward inquality of punishments mctcd out by provosl: courts in dill&xl: locnlitics.

b.
O+her Types. If local conditions warrant> special +tary courts may bC cstablishccl for the trial of vagrants, l~rostitutcs, juvcnilq trx& violatOrs, or other classes of Oflcndcrs, or for civil CURCS (par. 4~2).

40. COMPOSITION.
ma, Milihry Commissions. In providing for n$itnr)’ commissions, which may consi$ of any n~uiibcr of officers, rhc comrnnndcr will nppoint not less than three csccpt in cstraordinnry circumstances. In gencml, the rules for nrmy or navy gcW%xtl courts martial will scrvc as a guide in clctcrmining the coml~ositions OS militnry comni,issiOns, in­cluding the designation af lnw rncmbers, trial judge advo-C~QCS, and necessary nssistn.nts: The provision for a law I~E~~CP, with powers nnd clutics similar to those of a law member of an army gOncra1 court martial, promotes sound 51
decisions on matters of IZLW aId speed in procedure, and is recommended for such military commissions for both the army and the navy.
b.
Provosf Courts. A provost COUK~ will ordinarily consist of one offlccr who should, if possible, have legal training and expcricncc. When it is necessary to create two types of provost courts, it may be advisable in more serious cases to appoint three mcmbcrs to superior provost courts. Provision may be made for standing special judge advocates or defense counsel, dc:l.“:nding ‘upon the type and volume of casts which WC tried before these courts,

c.
Other Types. The purposes for which other types of military courts are crcatcd, 5ts ~011 ;U the kinds and the volume of casts heard by them, will dcterminc their com­position and the need for SUC~I special court personnel as judge advocates, dcfcnsc counsel, provost marshals and clerks. Ordinarily such courts will be constituted as provost courts.

d.
Personnel. It is customary and usually advisable to apl~oint commissioned oficcrs as members of military courts and as juclge advocates and defense counsel. In general, where an army officer is the thcatcr commander, he will appoint or nuthorizc the appointment of army of& cers ns’members of such military courts; and whcrc a naval officer is the theater commander, IZC will appoint or au­thorize the appointment of naval officers as members of such courts. l*hcrc is no rule, however, which pro­hibits a theater commander from appointing oficicers from bdth branches of the scrvicc, cithcr to sit on the same court or to sit on separate courts, within the theater under his command. .

41. APPOINTING AU’I’HORITIES. Military commis­sions and provost courts may be appointed or convened by the oflicer in command in the theater of operations. He may delegate this power to subordinate commanders or civil affairs oficers. In forward arcas, in order to avoid delay, the cxtcndecl ‘confinement of prisoners, or the loss of witncsscs especially in cases where immediate example is necessary, it is advisable to delegate such authority to ,
52
division, force or other unit ccmlmanders in forward areas and to civil nirnirs officers in both Eorw~rd and rear nrcas. Whenever subordinate ofliccrs appoint or convene military courts, the orders establishing such courts should, but need not, recite the sour02 Of their authority.
4i. ~~~IS~~C~~~
a.
General. Military courts hnvc jurisdiction only over such cases or classt:s of casrs as are rcfcrrcd to them by the qqointing or convening authority.

b.
.Qver Persons. Military courts have jurisdiction over all persons within the occupied torritory cxccpt those having diplomatic immunity, and csccpt prisoners of war; but, unless thcrc are cogent rCas0rls to tliP contrary in a particular cast, persons subject to military or navnl law of the United States or its allies should bc tried by court martial.

e.
Over Offenses DirecNy Affecting MilHary Cov­ernmen+. ’ Military courts have jurisdiction over the following types of oflcnscs:

(1 1 Oficnses against the laws and usngcs of war.
(2 1 Violations of the proclamations, ordin&cs, rcguln­tions or orders promulgntcd by the theater commander or by his nuthorizcd subordinntcs.
d.
Over Offenses Agains+ Local Criminal Laws. IT the criminnl courts of the occupied territory are open and functioning satisfactorily, they should ordinarily bc por­mittcd to try l~rsons charged with ofl’cnsta ugainst local criminal IXW, not involving the rights, intcrcsts, ;W lxq.xrty af the United States or nthcr person serving with the occu­pying forces and sul~jccl: to military KW naval Ixw of the United States or of countrks allicd with the ‘CJnitcd States. The thentcr comn~~udcr or his authnrizccl suborclinatc may suspend lxoccldings in such local c’ourts in ;my cr~se or class of casts or may clircct that su& c;ks(’ or class of cases bc tried by militury courts. SuCll powor should bc cxer­&cd with rcspcct to any. lxosccudon inimic:~l to tllo ill­tcrcsts of the I.Jnitcd Stntos.

e.
Over Civil Cases. II: the civil courts of tht: occupied

territory      arc ol.x!n and functioning satisfactorily, they should 53
b.
Military Commissions. It is gcncrally advkblc to direct that military connnissions follow the procedure of gcncral Army or Navy courts martial, except whcrc such procedure is l~lainly in:q~l~lictzblc. The :~llowance of pcr­cmptory challenges should not bc ncccss:~ry. Any rcquire­tncnts of unnninious vote for a dcnth scntmcc ulay unduly impede the authority of niilitary governnlcnt. It n1a.y bc advisable to curtail the cstcnt of prclimiunry invcstig&ons.

c.
Prwosf Caurts! Provost courts should in gcncrnl follow the proccdurc of Rrnly su~nnx~y courts martial or Navy dcclc courts, csccpt where such proccclure is nl:lni- fcstly inapplicable. If it is ncccssnry to cstnblish inferior provost courts, lxoccdurc uxxy bc sin+ified.

d.
Special Courts. The proccdurc of other types of military courts will corrcspnnd to that spctiificd for provost courts or military coniiuissions, as dircctcd by the appoint­ing authority.

e.
Trials. Trjals should bc had and judgrncnts cntcrcd with the utmost dispatch consistent with fair administra­tion of justice, pnrtic~ulnrly in Cases where witncsscs for or against the accused arc likely to disnlqxxr, Rccuscd per­sons should not bc tried utAw thy are present in person at the trial.

f.
Counsel. Rccuscd l~rso~s should bc nllowcd to rc­txin counsel of tlirir own clioicc and at their own csl~c~nsc. Ordinarily military counsel sl~wlcl bc provided only for l~crsons tried by nlilitary conunissions. I-Iowcvcr, unro:zso~~­nblc cw~tinunnccs in order to obtain caunscl sl~~ulcl bc prohibited.

g.
Witnesses. The attcndnncc of nlilitxry witnesses may be obtainccl as in Army or Navy courts nlnrtinl. Military courts should bc cml~owcrecl to conqxl tlic! ;tt­tcndnncc of civilian witncsscs, and to obtnin the nccc:ss;~ry assistnncc thcrcfor frani local oilicials, nlilitnry police, and short patrol, nncl nplxq~ria tc coitiinanding or civil ;I Ll’airs oflkcrs.

h.
Interpreters. Proccccliiqp should 1×2 concluctocl in the 1:mgungc most convcniwt uliclcr the circwustnnccs. Whcrc it is ncccssary, intcrprctcrs should bc proviclcd, so

that the accused, his counsel, and the personnel of the court are fully informed as to the entire proceedings.
i.
@porters. If available, shorthand reporters should, be employed in all cases tried before military commissions, and in such cases tried before provost courts as the appoint- ing or convening authority shall authorize.

j.
previous Convictions. A military court may be au- thorized to consider, after a finding of guilty and before imposition of sentence, evidence of previous convictions and sentences by military courts (American or foreign) or civilian courts. Evidence of conviction of an offense legally punishable by imprisonment for more than 1 year should be admissible without regard to the date of commission of such ofl?ense.

45. SENTENCES.
a. General, Sentences should be limited to those pre­scribed by the theater commander or his authorized sub­ordinates. These will usually be issued in the form ‘of a prepared table of maximum punishments in terms of fines or imprisonment, or both. This table should be issued to all military courts and in the discretion of the theater commander may be made public.
b., Military Commissions. In general, the sentences which military commissions should be author&d to impose will include fines, imprisonment at hard labor, and death.
c.
Provost Courts. Sentences imposed by provost courts should be limited to fines or imprisonment at hard labor, or both, with appropriate limitations, such as $5,000 and 5 years.

d.
Additional Penalties. The following punishments may be imposed in addition to OS in lieu of fines and confinement.

(1 I Exprnlsi~~~ Military courts may bc authorized, in
appropriate cases, to espcl convicted persons from occupied
territory.
(21 Confiscation. Military courts rnay~#be authorized
in cases involving the unlawful purchase, sale, possession or
use of property, to order the forfeiture of such property to
the military government.
56
(31 Padlocking. Military courts may bc authorized to close houses of prostitution, places where there is unlawful traffic in intoxicating licluor or narcotics, and other places whre persons arc found to bc engaging in unlawful netivity.
e.
Confinemen+. The theater commander should issue orders concerning the confincmcnt of convicted persons. Such orders will specify, among other things, the mnnncr of imprisonment, the rules of conduct to be followed,, and labor to be performed. Ordinarily, convicted persons should be confined within the occupied territory. The officer empowered to approve a scntcncc should designate the place of confinement. I(

f.
Fines. All monks received as court fines will bc held, accounted for, and ‘disbursed according to prcscribcd procedure.

46. RECORbS.
a. Charges. It is advisable that chxrgcs be preferred by a person subject to military or naval law and on a “chnrgc sheet.” The charge sheet used by the Army
(W.
I&, A. G. 0. Form No. 115) may bc used, with such changes and additions as ~nay br nccc’ssary, or xpproprinta forms may bc adapted from those contained in NavaI Courts and Boards ( 1937). No oath to the charges should be required.

b.
Mili+ary Commissions. M i 1i 1; a r y commissions sho~~lcl l~~ep records similar to those of Army or Navy goneral courts martial.

c.
Prowost Courts. The thcntcr conu-nnndcr should

qxescribc      the types of records to be made of various classes of cnsw tried before provost courts. In ccrtnin types of casts, it may be advisnblo to kccq~ full rccorcls, with a coxnplcte transcript of all testimony. .In others, a sunun:n-y record may bc kept on the bxk of the charge sllert. Where it is ncccssary to establish tlic’ infcri& type of provost court, the latter proccdurc will gcncrally be fol­lowc$, and oral evidcncc will not bc rccordud.
47. REVIEW.
a.
General. All records of trial by military courts should be examined by the appointing or convening oficer or duly authorized subordinate, for the ~LW~OSC of correct­ing injustices. Further review in the next higher echelon may be desirable in important classes of ~ascs, and some cases may be dircctcd for final rcvicw to the headquarters of the theater commander. No sentence of death should be executed until it shall have been confirmed by the theater commander or by an authorized subordinate, esccpt that if a death sentence is imposed by an exceptional military court convcncd under naval authority, it must also be ‘confirmed by the Secretary of the Navy. The rev&wing authorities should be cmpol+rcd to disapprove or vacate, in whole or in part, any finding of guilty; to mitigate, commute, remit, or vacate the uncsccutcd portion of scntenccs, in whole or in part; and to restore the accused to all rights affected by the findings and sentcncc.

b.
Military Commissions. NO sentcncc of a military commission ni’ay be carried into efkct until its record shall have been examined by the stafl’ judge advocate of the oficer appointing the commission or his successor (see

A.
W. 46) ; nor may the scntcnce of any military commis­sion be carried into eRect until it shall have been approved by the appointing oficer.

c.
Proves* Courts. The sentcnccs of provost courts should be executed forthwith, subscqucnt prompt review suEicir$ to correct injustices which may occur and to prevent the repetition of errors.

48.      CLAIMS ARISING IN OCCUPIED TERRITORY FOR, DAMAGE CAUSED BY MILIPARY. PERSONNEL (not including procurcmcnt claim) .
a. General. In order that there may bc prompt inves­tigation and settlement of claims, the military governor should establish in his territory a claims service, under the direction of an officer, prcfcrably with legal training and with expcricnce in the investigation and settlement of claims. The chief of the claims service will be rcspo&ible for the preparation of regulations governing claims pro:
58
ccdure and the operation of the claims invcstignting scrv­ice. Prompt awards will greatly improve the attitucle of the peopk toward the occupying IWCCS.
b.
Investigation. It is the duty of civil aflairs officers to make -prompt invcstigntion and record of all accidents and incidents which may give rise to claims. This will prevent later disputes and the prcscntati& of stale or unjustified claims through diplomatic or other channels.

c.
Settlement of Claims-Army. (1 I Qccupied Enemy Territory. The rules under which claims are processed dcpcnds upon whcthcr the award will be paid from United States funds or those of the military govcrn­mcnt. Since, in most cases, practically the entire popu­lation of cncmy territory occupied by Unitccl States forces will consist of enemy nationals, claims will normally bc chargeable to the military govcrnmcnt and paid from funds of the military govcrnmcnt, not United States funds. Such claims will bc processed in accordance with regulations issued by the thentcr commander. The provisions of the act of 2 January 1942 (55 Stat. 880; 31 U. S. C. 224d) as amended by the act of 22 April 1943 (57 Stat. G6), and AR 25-90, and the provision of the act of 3 July 194.3 (Public Law 112, 78th Gong.), and AR 25-25 do not apply to claims chargeable to such military government. In cast claims are to be paid from United States ‘funds the appropriate statutes and Army Regulations apply.

(21 Occupied Allied or Neutral Territory. AS for claims in occupied cncniy territory, the processing of claims in occupiccl allied or neutral territory depcncls upon the, source of funds for paymnnt. It is a nlattcr of poliq whcthcr claims in occupied allied or neutral territory are paid by funds of the military government. If so, they may be groccsscd in accordance with rcgulntions issued by thr thcntcr commanclcr and the statutes and Army Regulations cited hi paragraph 48c( 1 I abovc, do not apply. An) cl$ms which .it is dctcrmined shall bc chnrgcnblc to United States funds will bc considcrccl and allowecl and paid, or disallowed, by a .forcign clni,tns commissian unclcr the pro­visions of AR 25-90 and AR 25-25, as the case may bc.
59
T
The claims of all persons not members of the IJnited States
or allied military forces cognizable under the provisions of AR 25-90 or AR 25-25 should be subject to suspension of payment by general or special order of the military gov­ernor for such time as he may direct.
(3) Procedure. All claims for damage to, or loss or destruction of ‘property, or for personal injury or death, cognizable under the provisions of AR 25-90 or AR 25-25, should be fully investigated and processed in accordance with the provisions of such regulations and AR 25-20. All such claims will bc submitted to a foreign claims commis­sion, appointed under the provisions of AR 25-90. Claims chargeable to the military government may be submitted to ‘a foreign claims commission for processing CWIZ though not payable under AR 25-90; or such claims may be submitted to a board, commission, or other agency established by the military governor, which may be composed in whole or in part of officers of the United States Army, the United States Navy, or oficers of allied forces.
(41 Territory Subject to Jurisdiction of the United States Reoccupied by United States Army Forces. AS to territory subject to the jurisdiction of the United States qccupied by the enemy and reoccupied bfr United States or allied forces, claims arising therein will be proccsscd in accordance with the provisions of AR 25-25, whether or not a military government is established+
d. Settlement of Claims–Navy. In order that there may be prompt scttlcment of meritorious claims, command­ing officers of occupied territories shall appoint claims commissioners to consider and dccidc claims against the United States for injuries to property or inhabitants of occupied areas arising out of noncombat activities of United States naval forces including civi1in.n employees. If a claimant is a national of an ‘enemy country or of one of its all&, there must be a determination by the claims commission or by the 104 military. commxndcr that the claimant is friendly to the United States, bcforc his claink *Gay be allowed. A foreign claims commission may be aIlpointed to considcl; each claim as presented, or consti­
60
tute a standing claims commission to consider all claims presented to it. A commission will consist of not more than three commissioned officers of either the Navy, Marine Corps, or Coast Guard. Claims of $500 or less may be heard by a commission consisting of one oflkcr. Claims between $500 and $5,000 shall be heard by a commission of three ofhcers. Decisions involving payments of $2,500 or less are final, while decisions involving payments of $2,500 to $5,000 are subject to review by the commanding officer. The Sccrctary of the Navy may, if he deems any claim in excess of $5,000 to be meritorious, certify such amount as may bc just and reasonable to Congress as a legal claim for payment. Claims accruing subscqucnt to 1 May 19-13 must bc filed within 1 year after the occurrence of the injury which is the basis of the complaint. The fact that the act giving rise to the claim may constitute a crime ’ does not bar relief, Contributory negligence of the claim­ant has such effect in the way of defeating or reducing claimant’s rccovcry as it would have under local law.. No formal proccdurc is prcscribcd for the conduct of the hear­ing on claims, but the instructions in Naval Courts and Boards (1937) governing the proccdurc of Courts of Inquiry and Boards of Investigation should bc used as’ a guide. The claims commission shall forward to The Judge Advocate General for review its findings and recommen­dations on all claims in which total damage cscced $5,000 and where the clnimn.nt retuscs to accept that amount in settlement of his claim. Claims within the jurisdiction of the Commission, but disallowed, shall also be forwarded to The Judge Advocate Cenernl. The instructions and regu­lations of tlze Sccrctnry oi” the Navy concerning foreign claims commissions appearing in the 15 May 1943 issue of Navy Bullctin shall bc followed by all commanding ~fli~ers and their subordinntcs in accupicd territories. An Army claims Commission may liancllc foreign claims for the Navy if rcqucstcd to do so and vice versa, With rcspcct to claims payable from funds of the military govcrnmcnt as distinguished from claims approved by a foreign claims commission and payable out of United States funds refcr­cnc.e is made to paragraph 48~.

INDEX
 
Psmgrapll Pagt3Absence. (See Leave of absence.) Accidents, claims arising out of——-;—–48 58 Accounts. (See Records, accounts, etc.) Activities of civil affairs section————-23 Adjutant General, duties————____-__ 12Y ci Adjutant, duties of, performed by internal ad­
ministrative officers——–____ – _________ 23 33
Administration-Of chief political offices–______________ 12 15 Of property. (See Custody of property.)
Administrative area, (See Military administra­tive arca.)
Administrative ofXcers : Of civil affairs section _________-_-_____ 23 33 Internal administrative ofSccr ___________ Personnel—-_____________-_.-__I_I___ 22: 2
Aged, institutions for———————-12w 20 Agreement–_____________I —_-______ -_–_ 1 Agriculture—–i _____________ 9k, 11, 12c, 120, 31 11, 14, 1;
18, 4.0 Airfields—————: _________ -__—__ 12i 17 Airplanes, operation of, assigned to civil affairs
units—____ —___– ______________ —I_-25 34 Air raid precautions, blackouts, shelters, iire­fighting, casualty services ____-_- ~– ________ 12d 16 Allied Governments, furnish information for planning _–____ -__-__-________ – ____.___ 31 40 Allied territory, military occupation bf–_—–1 1
Claims arising in—–_________ -__-____ 48 59 Allies, civilian agencies—–,‘__I__ – _________ 22 31 Ammunition, custody———_-___ -___—_ 12s Annexes, appendixes (see nlso Orders) ______. 12y, 18 20, :;
To administrative or operational orders, civil affairs orders as ______ -_–____ -__ 33 43 To civil affairs orders issued by operational
unit commanders ____ –________ ___._-__ 33 43 Antiaircraft officer—–____ — _-____ -___–_ “__- 12Y Archives _____ -_-______________–_—_-___ 9p, 26 13, :: Areas. (See Sections of areas.)
Continental arcas _-___-_-___——–__ lo,12 13,15 Military administrative areas -_-_________ 17 Forward areas—______ –_____ – ___-___ 18 z: Rear areas, organization——.———- 18 27
Arcas-Continued. Pllmgra~lll I’ago Chain of command–I_________________ 18 27 Particular areas, directives ____________ -_ 22 31
Armnmcnt, of military police and marines, in­
adequacy bf for civil affairs—–________ -_ 26 Armistice __— -___—-____ —-___—-__–17,21 ,, 24 ti Arms, custody——-____ll_________l_____ 12s ‘is Army communications zone ____ -_–_______ –19 28 Army Regulations :
25-25——————————-59 25-go——-.——————-ii 59
Army and Navy: Division of responsibility between——–10 13 Depends upon nature of operation-in con­
tinental arcas usu,2ly with Army; in island areas and ports, usually with Navy -_-_–__-___-___-____________ 10 13
Fixed by Joint Chiefs of Staff or by Com­bined Chiefs of StnfF–______________ 10 13
Arrest: Commander of combat unit may———19 ,*,’ 28 Of defendants. (Ses Marines; Military
I I
Police; Shore Patrols.) Art, prcscrvation of objects ___- –_____—-__ c.yJ Article of War 24 ___–_ –______________—:: 54 Assignment –_-_—__—-_—-___________ 12Y 20 Attitude of inhabitants –_-____—I_ 9g, 12t, 1.2y, 31 6, 17, 20,
40 .
Beil—,—————————–~–4.3 54 Banks and bar&g— _____________ -9k, 121, 31, 34 11, 18,40,
44. Bar, local. (See Lawyers.)
Supervision ____.__I__ –_-___________.___ 12c 16 Bclligcrcnt occupntion——–“.–_________ -_ 3 2 Bclligercnts __-_______—–__-_____- -__-_-_ 1 “Black market”———-____ –_-_________ 9k
li
Prevention—-__-__ – -____ -__-__-_____ 12×1 ,18 Bounldnries, local, political-____ L ____________ 17, 18 ,,24, 22 Bridges _——– –____l_____lll________–3 1 4.0 Brothels. (So0 Prostitution.) Burinl of dcnd-________— I______…_ -_ 91, 11; 12~ 12, 14, 2a
Cabinet Ministers, removal ————-.“—9i 9 Cnblc—–.l-_——–,——————-1211 17 Camps. (See Conccntmtion camps.) Canals——,——-I-I1I—I————31
40
Capital, when thcntcr hca.dquarters are not nt
capitnl during campaign——________I_I 21 30
Captured areas, control ——————–18 27
63

I’ar~lglYlpll Pilge
Catenories of oersonnel. (See Personnel.) Censorship———-______ -___ 9k, 12g,12y,
Chain of command ________.. ———: _____
Chain of control-.————–_—___.___ – Of civil affairs _____________ -_–______-Adv&ntages and disadvantages———– Military orders, issuance through civil
affairs ______-___-________———- Challenges of members of military commissions-Characteristics of peoples:
As affecting theater organization, etc-..–­In general————————–­Instruction in study——-______-___.. –
Gharges – ____ – _____ -___-__–_–____–___.­Chemical officer, collective protective mcas­
urcs–_——,————————­
Chief of Naval Operations—-___—-__-___­
Chief of section of civil affairs staff: Duties—_____ -____ – _.__ – -,__ -__–______ Qualifications ____ -_—_-_-_-_ _.-,-_____ Preparation of plans by——_-.._____._­
Chief of Staff, U.S. Army ______. -_- __–___ -_ Children, care -______- -_-____ —__________
Institutes for ____- –_-__________ —_-­Cinema. (See Motion pictures.) Citations__——————————­City:
Within zone of operations ___…____-…_–­Small, supervision of ___-______ -__-_____ Civil affairs. (Ske Chain of command of civil
aflairs.) Definition–____ -_-_–__–___- ______-_ Jurisdiction – __________ – ______________ Organization _____ -__-_-_-______.______ Responsibility for planning ._.____…______-_
Civil affairs commands——-…——….–_–_
Civil afE airs groups : Composition ___-______ – _____ -___-__-_ In general–_____–_I~___ – __.____-__.._
Civil afTairs officers—- ______ -___–___–___ Administrative ___…___ -___-_-_– _____.+_ Duties of, supervisory rather than operat­
ing———-,—-_——–,-,-I-Functions of. (Sse Functions of civil
affairs officers.) May be staff officers of unit—– _______­Of other nations–_-_r________ – __-_____
64
 22,29
17
 
18
 
:;
18
 
44
 
:: 29,31
4.6
12Y
 13
 
22
 
2
 
13
 12w
 12w
 
12y
, ~3
 19
 
1
 8
 14
 
f?:
i:
1,12
 23
 
9i
11,17, 20,
 31,39
 24
 27
 
;:
27
 55
 
23
 
39, ::,
 57
 
31
 38
 42
 
2
 20
 
20
 
27
 28
 
i
 ,23
 42
 34
 
34
 34
 ’ 1,15
 32
 
9
 
27
 32
 
civil affairs officers-continued. Of other service ______ – __-_ -______ -___ Relations with local officials and inhabit­
ants——————____________ Selection and training _____ —-_________ Civil affairs orders:
Contents—————-,—________ In general——_-_______________ In detail _-__…-…_ – ____ — __________
Distribution __—____-__-___ -_—__-__ Form——————————­Of chief civil affairs officers———…–­Of military administrative area command­
ers——————————-­Of operational unit commanders——–­Of theater and task force commanders—­
Civil &airs sections——-____ – ______ —_
Organization of functional officers——-… Fiscal-___-________—–_–___­Intelligence ____ –_-__–__________ Legal_-_—————-_-__——­Medical _———__-_–__-______
Internal administrative officers———­Staff assistants _______ – ____________ -__­Officers from other services———____ Ofl’icers of other nations-____ -_- ____ —-
Civil affairs staff section: Creation—————————-­Duties——–l___l_l____ – _____ – _____ Internal organization–____.________ —­
Civil courts——_________ -___-_________ Civil government, enemy’s—_________ – _____ Civilian activities _——-:-_—-_-l–l—_ Civilinn agencies :
Supervision and coordination of work–.-­
Liaison with Civil Afl’airs Division——­Civilian defense- l——-__l____ – –______ Civilian employees, claims arising out of Con­
ductc–_,–,,,–,—1—————-­Civilian officials. (Sse Local oflicials.) CiviliansL-____ – __——-__ – –___-__ – _-___
Supplies, food, shelter, medical aid-,—­Transport facilities _______ —_______l_l Hospitals _-__——_ – —————- Distribution of food’ and supplies to, by
quartermaster ——__——I^r-l^_^
65
 
I’llU~grIL~Ll 23
 
.

2
 
34
 34
 34
 33
 33
 33
 
33
 
33
 
;“3
 
23
 
23
 
zi
23
 23
 23
 23
 23
 
22
 2’2,23
 23
 
12~,42
 3
 12Y
 
. 22
 32
 12d, 3 1
 
48
 
12C 12e 12i
12Y
12Y
Page
 32
 
9
 23
 
43 ’
 43
 43
 43
 42
 43
 
4.3
 43
 
4.2
 32
 43
 
4.3
 43
 43
 
4.3
 43
 43
 4*3
 44,
 
32
 
16.53
2
 20
 
31
 4,2
 
16,40
59
 
16
 16
 17
 20
 
20
 
rn Claims, Army _–_I____-_-_ – -___________  n1mnp11 48
  58 Pilgc!
 
Settlcmcnt-­_____-__ –___–_-_–_-___ In occupied allied neutral territory–­ 48
 48
  59
 59
 
In occupied enemy territory——-­ 48
  59
 
–     Procedure-__–_-_—­-___-_-_-_I  48
 
For property and personal injury or death­ 48
  i9”  
Certain stntutcs and regulations, applicnbil-
 
ity—–­_.__ -___-__-I_—-_-  59
 
Foreign claims commission———___  is”
  59
 
Claims, claims commissions —-L—-­i2c,  12~
  16,20
 
Sdurce of funds 1or payment -___-I  48
  59
 
Effect–_—__-_-__-_____,_______  48
  59
 
Suspension of payment in ccrtnin cases–­ 48
  59
 
Claims in occupied territory. (See Claims,  
Army;      Claims, Navy),
 
Chief 0 claims service, duties—-­_-___
 
Claims service to bc established——–­ 4.848
  ”      iii
 
For danlag: caused by military personnel  
(not including procurement claims) -___  48
  58
 
Investigation—–­_____-____-_______ – 48
  59
 
Proccdure—,,II_I—————–­ 48
  60
 
Regulations to be prepared ___-____-__ – 4.8
  58
 
Claims, Navy :
 
Accruing subsequent to 1 May 1943, filing
 
claim within 1 year…- _,_____ —-  48
  61
 
Amount of, as affecting number of offkcrs
 
on commission——­_-____ – ___-____  48
  61
 
Appointment OF claims commission—–­ 48
  60
 
BP enemy nationals -_______ –__-_­__-_  4,8
  60
 
Contributory negligcncc as affecting claim­ 48
  61
 
Foreign claims commission __________I_ – 48
  60
 
Judge Advocate Gcnernl, review by, in cer-
 
tain cases—-­-___-__­ 4~8
  61
 
May br: handled by Army  4.8
  61
 
Naval courts and boards (1937), guide
 
proccdurc-__—-_–__—_———–­ 48
  61
 
Procedure, informal -_­_______-_ –_  46
 
Rcvicw ‘of, by commanding of%xr—–­ 48
  i:
 
Settlement – ______________ I—-­ 48
  61
 
Classification -_____-_ –__­_____­ 12Y
  20
 
Clerical personnel. (Soe Person+.)
 
Climate—-_-I-_____—–_,————­ 31
  40
 
Clothmg, distnbution- Qk
  11
 
Collcctiv,e fines and punishments——,,–__ Collective protective measures—-,–­ g&:
 12Y
  2:  
Color. (See Discriminatory laws.)
 
Combat areas- _______- –__-­____­ 18
  27
 

66
 
combat commanders, off%xrs, troops :
 Larger units ______ -_–_-__-____ -__–_ 21.
 Liaison with civil affairs officers——–22
 Operations, units—____________ —-___ 4
 
Regiments _-__ —-_—-__- ______ – ____ 18
 Should be relieved of Civil Affairs Con-
 
trol——————————-18
 Small units ______________ -_–___—–_ 21
 Zone, combat-…———–_________-__ 17
 
Combined operations—-_____-_ – _______ 10, 13,23 Combined Chefs of Staff: Fix responsibility. as between U. S.
_and
allies ___-____ ——–: _______ -_-__ 10
 In general_-_————————13
 Planning—–,———————-32
 Plans of theater and task force com-
 
manders transmitted to, for confirma-
 tion-_—————————–32
 
Command, unity:
 Iti combat zcmc——-____-__ – _______ 18
 In naval advanced bnsc zone————’ 19
 
Commander in Chief, U. S. Fleet ____ – _-___ 13
 Commanding officer, supremacy _____ -_–__-_ 8
 Comment, upon refusal of defendant to answer
 
questions—L————————–._ 4.44
 Commerce, development and supervision—-lZq, 34
 Commercial activities——————____ 32e
 Commissioned officers as members of military
 
courts—___________ —-___—-______ -_ 40
 Communications (see also Signal communica-
 
tion) __—_________I__________ —–9k, 11,“:‘;
 Concentration c3mps——__________I –__-
 Conditions usual in occupied territory—-..–11
 
Rioting, looting, and food shortage——I 11
 Unburied dead———————–i:
 Water supply polluted _-__ —___–___-_
 
Conditions of cmplaymcnt. (See Employment,
conditions.)
 Confcrcnces. (See Pcacc conferences.)
 Confinement—————————–45
 Confiscation of property———___- -__-__ 45
 Congress. (See Investigatory bodies.)
 Constabulary, local _____ – __–_ —___l_l__l_ 26
 Continental arcas _-_____ L—-____– _______ 10, 12
 Continuity of policy and personnel———–9f, 17
 Contraband articles, seizure-____ — ______-___ 26
 Contributions, levy———–_I______—__ 12m
 Contributory ncgligcnce. (Sac Claims, Navy.)
 
67
 
30
 31
 3
 27
 
27
 30
 24
 
13,22,32
13
 22
 42
 
42
 
27
 28
 22
 5
 
54
 18,44
 16
 
52
 
57
 56
 
13, ;z 6, 24
 35
 18
 
Authority _______-__________ – ___-____ -7
 Degrec-~~~~_~_~~~~-~~~~~-~~~~~-~~~~-5
 Disease __I_________–_-______________ 91
 Exercise of, command responsibility——8
 Exports and imports———–________ 12n
 Pood__–_-_——_————~—–12n
 Insects—————–_-___________ 91
 Labor organizations ______ ________ -__-_ 9k
 Marketing by rationing _______I_____..___ 9k
 Of money and banking ___- -_– _–___-__ 9k
 Of. prices _-______________ i ___—-____ 9k
 Over imports and exports—-L ________ i-9k
 Period__–_–_–_——————–6
 
Convicted defendants-________ -__-_-_______ 19
 Coordination -________________I_ -_-_______ 12Y
 Between civil affairs officers and other staff
 
sections. (See Staff sections.)
 Counsel. (See Defense counsel.)
 Counterpropaganda -_____________—_______ 12t
 Countersubvcrsive activities (see nlso G-2)—- 12Y
 County, political subdivisions comparable to—-19
 Courts, local (see nlso Courts martial; Military
 
commissions; Provost courts; Civil) __-__-_ 12c, 21
 Courts martial (see nlso Military courts; Mili-
 tary commissions)—__________ -_-_-_____ 12c
 General rules for, applicable to military
 
commissions _______-__–_- – -____-__ -4.0
 Credit agencies _–___________I_-.—___I__ -121
 Creed. (See Religion.)
 Crime :
 
Persons accused _–______-__ –_-_______ 9g Prevention, dctcction, prosecution——–12b Scntences-_‘-I__-___ _- ________ll__l____ 9g Trial ____ – _-__-_ _-_- -_________________ %
Criminal courts, local _______ -_____ – ________ 12c Currency -____-_—-__–__-____________ 12,31,34 Custody of property of-
Enemy govcrnmcnts ____ – ______ –______ 12s
 Enemy nationals __________ – -._____ – ____ 12s
 Other govcrnmcnts _.-I_______ – ___-___ -_ 12s
 Private property l_–_-ll-_.l___.-l_____ 12s, 34
 
Customs of inhabitants ____-_.___ -_-_-._. ______ % To be retained usually—-_-___ – ._-___ L_ 9h,9m Study-_——–_-_–__,_____________ Tribal __-______—_.-.-_-_I__ – .I________ 31 !i
Custom(s) of war ____l__l___.- __.______I_____ f’;
4
 3
 12
 
1:
 18
 12
 17
 17
 
:: 17
 
4.
 28
 20
 
19
 20
 28
 
16,30
16
51
 18
 
1; 6 6
 
18,4,1, ii.
19
 19
 19
 
19,44
6
 6, 12
 40
 
40,48
 5
 
68
 
1’ttl%gi%p11 1’11gcDead, burial _—– ————I-_-_-______ 91,11 12, 14 Death sCnt(!IlCCS-..-.– ——–___ – __________ 44
Confirmation————–_-___-_____ 47 ii Debt moratoria. (See Morntorin, debt.) De& courts——…–___II______ –____ 44 55 DCcorntiOnS —-_I_-_-.–_.-__ -_-.____ 12Y 20 Defendants–___- –.–_.- -_–_-___ – _-_______ 19 D&nsc COLlnSel————–I-__ – _I______ 40, 4.4 52,:;DCfinition of militnry government _…–__-_____ DClCgatc, military governor m3y—–T _______ : : DClCgation of authority —_________________ 36 49 DCpartmCnts, local govcrmnent:
To be rctainrd usually—.““-..“-.-_________ 911 8 TJnnCcrssary or detrimental ones to be dis- continued –………–w–e —. _– ___.___-_^ 9i 9 Deputy chief, civil ‘LlfhiKi section _____-___-___ 33
(&difiCntions -l___l__l –_-___________ zi Destruction of buildings ———–_-___-_,__ 11 it‘ DCvClopment Of lOCal rrsourccs, rrgriculturrt, in­
dustry, commcrcr, P!X -.-_.,…- _..__.__–____-____ 120
DirectivCS—–____-__ ..l_l.._. I ..__ – ________-__ 12t :i Specific, for specific ;ux~s _,.___ — __.______ Of War and Navy I)rpnrtments _____-____ ;z 2
Discharge of ~WSOIUX~ ________I_______ _-____ 12Y 20 Discriminatory laws b:~Cd 011 UKC, color, CrCCd, .
oq political opinions should be nm~~llrcl~~-~-9n 12 DisCasC, control—~ l________l_-__ll____I___ 91, 31 12, 42 Displaced ~C~SOII~L I .–1–11- _.—l__l_.-l_____ 12u 19 Distribution of-
Necessities, food, fu01, medicine, and Cloth- ing __l._l.l-t.l__lll___—-.—… _.__,,__–9k 111 Routine orders by Adjutant Crcncrol–~-~~ 12Y 20
Docks : Construction ancl m:iintcliilnt:c–,——–12Y Engineer I‘unctiorl -.._–I…….._-_ – _-___ -_ 12y, 31 20, ifi
Doctors ____–_—..–_—–__–I _._—____ 11 14 Domestic territory… _–_-I___ – ____.._ – _.__-__ L- 1 1 Duties of civil nffnirs ofliccrs, suprrvisory rnthcr
thnn 0pcr:ltiiig. (S4d SupfxGiion.)
Ecl1clons : Of civil 2llTiLil3-… I…___..____.. _ 16, 17, 18, 19,21,23 24*,26, 28,
30,33 Palitical___I-.~._. ___-llllll.-.l. __..- I . -..-.. .-.–_-25 Cencrnl -_.- ___I_____-__- – 1.e-…__e. _. . . . . ..I___ 27, 28 37, ii
Economic: Circuinstnnccs _“.,_. I._ ._~ ..___ ….l_l_ -._ __.____,__ 5 3 Life, rcvivnl-__-_,l ___._,ll,,l.. __.I .l,–l-.-l-l-l- Qk Situ&on, of occupied nr~n __._._ —-“.–_ 31 :: People,. as affecting theater organization–1.5
Economics,  basic  economic  policy  of  United  l’aragra~~h  Pll&?  
States,  corollaries  __-_ -__–  91c I  11  
Economy  of-

Personnel -______ –__—_—_-_–_-___ 9d Education, supervision—______ -_-_—-____ 12v ,Electricity __—__-_______________________ 31 Employment, conditions __-_____________ -___ 12n jhlI311y nationals. (See Trading with the
cncmy.) Disposition, repatriation, or rclocation—-12U Claims against United States——-…—-34
Enemy property custodian. (See -Custody of property.)
Engineer: Special staff functions————–_ 12Y Liaison with civil affairs officers——–22
English language. (See Language.)
 Enlisted personnel _–____ –____ –_____ —-
 
Training————————–..-. 2275 Equipment—————–____ – ______ —31 Espionage——————-_———–26 Evacuation—-_————————12y,17 Evidence, rules of, Army and Navy courts mar­
tial to be followed——– ____ —–_____ 44 Exchangqrate .–._–…_ – _______ -___-_–___-12,31
To be included in certain orders——–34~ Executive authority —__—-___-_ -_-_____ -8 Executive officer:
Of civil affairs section __.._______ – ____ –
Personnel—…—————-__—-.–.-22: Exercise of control—-___-_______________ ­Explosives, seizure–______ -_—-____ –_____ 286 Expulsion,,—————–__—–__—-~—45
Facilities _____ – __________I_.-__ -_____ –__-8 Civilian transport–_________-I_______ -l2i Communication —_________ -___–___ 12s, 12~ Damage—————————–91< Information as to, for planning—-,—31 Trinsportation _______-.-..__I____ –___-12i
Farmers to bc supplied with essential equip­
ment–l-,-____-_—___,_______________ 9k FM, 27-10, Rules of Land Warfare ______ –__-7 Financial agencies, financial transactions. (See
Trading with the enemy.) Fines–_______ – ____ – ____ __-___—___ 9g, 12m,45 Firearms, seizure ____ — ____ -_-_- ____ –_-.___ 26 Fire Department, prevention——_________ 12b, 31
70
23
1: 41 18
34
:: 35 19,24
18, :: .44 5
33 35
5 35 56
5
19, :;: 11 41
9
11 6
6, 18,57
X’nrllgrnl,ll Page
Fiscal officers _____ -_____ i _____ -___________ 23 32
Fishing : Development and supervision-__________ 12P 18’ Resumption———–________ —-___ 9k 11
Fleet commander——-_________ —_____-13 74 Flexibility, importance———–________ 9e, 23, 30 6, 32,40 Food :
Distribution—————____ –___-_ 9k 11
By Quartermaster ____ — ______ -__-_ l?y 20 Inspection __—____-__ -_–_________ -_ 91 12 Shortage, upon arrival in occupied tcrri­
tory__-_————————–11,lZf 14,16
Supplies, in occupied area ______ – _____ -_ 31 40 Force commander-_______ – _________ –____-13 22 Force, use of, to prevent escape of prisoners
and persons suspected of crime———–­Forced laborers———-__________ -_…-___ ‘II: 1: Foreign claims commission. (See Claims,
Army; Claims, Navy.) Forestry, forests————-_–____ – _____ -9k, 31 11,40 Forfeiture of property—- -_____-_________ –45 56 Freedom of-
Press——-.————————-90 5 Religion ____ —-____ -_—-___-____-_ -9m 12 Speech——————.——-I—-13 Fuel, distribution _______; _______ – ________ -_ ,“;: 11 Functional ofhccrs __–_-_-_________-___I___ 23 33 Qualifications _______I___ – ___________ -28 \ 38
Functions : Of civil affairs officers during hostilities—12 15 Msintcnance of law and order, civilian de­
fense, etc——-,-___-_ —–___-_ –12b 15
Funds : Seizure of and guarding ___-________ 12y, 26,34 20,35,44 *Source of, as affecting claims. ‘(See
Claims.) Furloughs———-________–________ _- __.__ 12Y 20
G-l coordination and supervision with civil affairs officers———_____ – ____ — ______ 12y 20 G-Z coordination and supervision with civil affairs ofhccrs—_____ –___-___…_ — ____–12Y 20 G-3 coordination and supervision with civil , affairs ofliccrs ____ -__–__________ -_—__-12y q 20 G-4 coordination and supervision with civil affairs of6cers -___-__-______ – _______ –_–12Y 20 Garbage, disposal—; ________ – _____ – _______ 91 12
71
Garrisons—_______ –___—_l-______l_ –_ 17
 Gas—-,–_—————————–31
 General principles in conduct of civil afTairs—9
 Geography, of area, importance -_____–______ 9e, 15
 Information concerning, for planning—-31
 
‘Government:
 Native__,———-_—–_________ 9e
 Property of enemy ___________ -__–_-___ 12s
 Other governments _-________ -___-_____ 12s
 Existing, structure, importnncr-..—_____ 15
 Operations of, in occupied area ____.I__ -__ 31
 
Habits, local, dietary, study _____-___’ _______._ 31
 Hague Convention—–_-r-_-_——-L-___ 7
 Handicapped, institutions __–__—_–______ 12w
 Harbors,——-_————–__-____ 11,31
 Headquaqters:
 
’      Commandan’t, duties ___-__-____–____ –12,
 Of operational type ____________I__ –___
 During campaign __I__________-___ -___ ::
 
Heads of state; removal _.__- A ——_–______ 9i
Health _____ —-__————— —- —-91
 Burial of dead——-__—____-______ -91
 Civilian hospitals _____I______-___ –_-_-12Y
 Disposal of sewage and garbage –________ 91
 Food inspection ________-_-I___-___-___ 91
 In general ___I____-_______–_____I 11,12.f, 31
 Of occupying forces ___—___________ –31
 Water supply _————–.—-_—– 11
 
Highways——————————–31
 History of occupied arca, information concern-
 ing, to be supplied for planning -_-___ -____ 31
 Hoarding——-____________lr_ –________ 9k
 
Control_—__—–,-,—————12n
 Holidays, local, religious, to be studied——-31
 Honors (see nlso G-l ) _–._ —_________ – ____ 12Y
 
Function of Adjutant Gcncml—,—–.–12Y
 Hospitalization, function of G-4 ____ – _____-__ 12y
 Hospitals nnd hospital supplies ______l.–l 11, 12E, 12y
 Idostages, purposes for which taken———-9g
 Hostile occupation—-_l___l___l_ -_-_-____ 5
 Hostilities–___-___-_ – __-__ -._-_–___ ____ -__
 
Cessation __-__-_l-l__.—.. ____-_-_-17, 21, Z
 Hours of work –_.___ -_ . ..- -.-.._ – _.____._______ 9k, 12r
 I-Iouseboats———-I—_-I___-__-____–12j
 
Implemcnt$ of war, custody ___.___ i–‘-___- –_ 12s Imports, control ________ – __I_________ -___ 9k, 12n
72
 
P:lgt?
24
 
41
 5
 6, 23
 40
 
G
 19
 19
 23
 40
 
4.0
 4
 
14, i;
 
20
 24,
 30
 9
 12
 12
 20
 12
 12
 
14, 16, 40
 40
 
:t
40
 
1.1
 
::
 20
 20
 20
 
14, 16, 20
 6
 3
 24
 
24; 30, 35
 11, ia
 17
 
19
 11,18
 
Incriminating questions, refusal to answer, right P~l’a&@~ Z’lljiP of comment upon _____-_–_ – __-_____ —_ 44 55 Industries, supervision _-_—–9k, 11,12e, 12p, 31,34 11, 14, 16,
18,40,44 Information ———————129, t, and y; 22 17, 19, 20, 31
For planning, furnished by War, Navy, and other departments and by allied govern­ments—————___ 2 __-_____ -_ 31 40
Inhabitants : Treatment _______l____-l_____________ 9g 6 Relations with _________________ —__-12b 15 Dealings with, through local oficials—–9i
On official basis only————–9i, 12t 9,1: In general—_______ -_-_—_________ -17 24 Trial of, for ofl’cnses against security—-19 28 Characteristics, study ____________ –____ 29, 3 1 39, 40
Inland waterways, usually Navy assignment-; 10 13 Insect control—_I__-___ –________ –_—-91 12 Institutions, local (see also Welfare) __-_____ 9g, 31 6,40 Instruction, subversive or harmful, prevention–12v 19 Instructions (see also Orders)—_-__ –__–_ 37 49 Intelligence _____l____l–_______I____ 1!& 12y, 22 17,20,31
Branches of variouS services, inlormntion
supplied by—______-__ -___-___—-31 40 Officers _-______________ –___________ 23 32 Reports __________–______-____ –____ 29 39
Internal nrrsngcments. (Sea Headquarters.)
 International Law, rules——–_____ -___–7 4%
 Internrcs _____________-____________ —___ 12u 19
 Interpretation of purposes of occupation to in-
 
habitants —_-_-_-_–_ –______ -_-_-____ 12t 19 Interpreters —_________I-I_______l_lll 26, 37,44 35,49,55 Intoxicating liquor. (Se8 Liquor.) Investigation of claims _____l___l-____.__l_ –4.8 Investigatory bodies-___-__ -__—____ -___-_ 12~ ii Islands, island areas, island groups, $ Navy re­
sponsibility, usually _______l_ll______ –10, 12, 18 13, 15, 27
Joint Army ancl Navy operations ________ -___ 14,23 23,32
Joint Chiefs of Staff:
 Certain plans to be submitted to _r_______ 12y, 32 20,42
 Determine responsibility between Army and
 
Navy _-___..______ –__ll-l__________ 10 &ulnihg POliCiCS for military govcmmcnt, :92 Planning responsibility ____—-_ i _…_-..– i: 42
Judge advocate :
 Review of records of military commissions, 40
 Review of certain claims ___- _-________ 48 ii
 
Judicial authority of occupant————-w 8 5
I’lUW%%~,l~ I’IKC Judgments should be prompt—–__I—-__-44. 55 Justice, administration _____________________ 3 t 40 j uvenile-offenders, special courts for-__–I__–39 51
Labor : Procurement ____________I_____-9g, Sk, 12y, 3 1 6, 11,20,
40 Native -_-___. – -________ i-,-_______-__ 12Y 20 Conditions, study __________ – ________-I 31,34 40,44
LLaborers : Forced ___-I__ –__________ -__-______–1211 19 Native –___-_________________ –____._ 12Y 20
Labor organizations, control—______——-9k 11 Land wnrfsrc, rules ___________L_ – _________ 7 4 Language Of-
Pro&motions, ordinnnccs, orders, ctc—-22 31 Territory by civil nffairs officers———38 Desirnbility of English _______ – __________ ii 39
Large units, commanders of, responsibility far civil affairs———–__-______-____-____-27 37
Laws : Discriminntory to bc annulled——–,-9n 12 Criminal nnd civil, locnl, modilicntion or
suspension —__-______-___ -__- _.__.___ 12c 16 Lawyers (see also Bnr) —___–___-_____l_l_ 11 14 ’ Le;uve of absence -.___ – _-____ — ___–_____ __-t2y 20 Legal advice–l—_–__________________,_ 12c Legal oficcrs—_________ – _________-___ -__ 23 ;; Lcgislntion, lcgislativc functions——___._-._-_ 8 Lcgislativc bodies: Usually sus~~cnclccl~~~~-~~~ 9i Liaison :
Botwecn Army 2nd Navy—__-_____-_-_ 10 13 Between nov.val nuthorities nflont nnd nshorc and civil affairs organizations nshorc,.. 12j 17 Between chief of civil affairs section nnd
other combnt and stnff oficcrs ___l._l._l_ 22 31 Spccinl tmining–___ —____–______.__-34 With civilian ngencics———–,..–._-_ iii 4.2
Limitation of time in which to file &rim—–… 48cl 60 Line of communicntion of civil affnirs oficcrs in
territorial type of orgnnizntion_—-,——16 24 Liquor –.–___ -_____ –______—-_—-__-121,45 15,57 Litigation _I-___-____…_____ – _____-“. ___.__-__ 12C 16 Lo& customs and traditions -_-, __– ____,- _.___- 31f 41 Local govcrnmcnt departments, when to bc rc­
tained or discontinued ______-____ — __-_____ 9i 9
 LoCal Inw as to contributory ncgligcncc of
 clnirnant, egcct—-_____-_______________ 4.8 59
 
74 c
J.mal officials: 1%!ngrnp11 Pnge When to be retained or dismissed——–9i 9 Members of political parties _______-_____ 9i 9 Subordinate ones to be retained usually~-9i 9 Dealings with inhabitants through–~~~~~ 9i 9 In operational type of organization——- 24 Police—————~ ________ —_-_-:; 35
Local resources-______ –_____ —___-___ 9d, 9c, 12 6, 15 Lumbering————————–__-12lJ 18
Mail, censorship—____ -__________ – _______ % 13 Manifesto-____ –_-___–_–__—–___ _____ 35 45 Manpower. (See Waste.)
Economical use–,-_______ -____ -__—- 17 24
Manufacture : Resumption—..–r——————-Sk 11 Development and supervision-____ – __-__ 12P 18
Mal)s———————-,————-12Y 20 Marines (see also Military police; Shore pa­
trols) _—-___–_-_ —__-__ -____ –_ 12b, 18,25 15, 27,34 Arrests, authority ta make ____ —_______ 264 37 Assignment and command——________ 26 36 In general _____ -________ -_–_–_.-____ 2f.l 35 Necessity –_–___-_–_____ -__-_-_____ 26 35
Marketing, control _____ –_____ -__-__–_____ 9k 11 Material (see also Strategic material) __-_____ 12 15 Maximum punishments, table..-,-____ -__—_ 39 51 Medical oficcrs, liaison with civil affairs offi­
cers———————-,_–_————22, 23 31,32
Medicine and medical supplies: I Distribution –____ —__________ – ____ -_ 9k Lack—–_—–_____-_–____________ 11 ::
Messcngcrs————-____-______-______ 12Y 20 Messing __– I _-_____._ -_-_____ -___—-_-._-12Y 20 Military administrative arcn ____.___.-__ – –____ l?, 24 Military commissions :
hclvocate~~~~~~-~~-~~~~~–~~~~-~~~~–12Y Appointed by ____ -_-__________-______ -41 i:: Composition _____ – _______ -_______.._____ 40 51
Establishment –____ —_____–__________­
Jurisdiction – _____ —______ —_-______ ii 53
Personnel_——_—-_–________-____ 4,o 52
Procedure—–,———————-44 54.
Records of, review of by judge _-______ –_ 47 58
Types—–__–_–_-__-I_____________ 39 50

Military control, by agreement or convcntion–2 2
Military courts—–__–__-__ -_________ 34,38,48 44, 50,59
Military districts ___-_ -_-__ ______ –_- ___-_-_ 21 30

75

Military government – ____L____ 21  30  
Definition -____ – __I_________ -_­____-__ 1  
In general -__­__-____-___. –_ 22  3:  
Planning,,-,_–_-__—————–­13  22  
Territorial and operationnl types——-­16  24  
Military governor _-__-_ – ____-__ -L­1  1  
Responsibility of civil affairs offtcers-……–­16  
Military intelligence–­___-_­-c ______-____ 12g, 12~  17, :tT  
Military Inwl persons subject to, arrest _._._-____ 26  35  
Military necessity——­_-__–_-________ -_ 3  
Reprisals—­-__­___-___ – ________ 9g  i  
Military police. (SEE Mnrincs; Shore patrol.)  
Arrests, authority to make ——–I 26  
Assigmncnt of command _I_________ -___­26  
Duties—­__-_ – _____-___ L—,  
In general -__-­_____-___ – ____ –__ ’ 22:  
Necessity——————–­26  
Organic units, nv&tbility–­-___ 26  
Rear area–­___-______I___  
Milk –__: ____-_ – _____________-I -__­–,­32;  
Mining:  
Resumption——­- ____._.__ 9k  11  
Development and supervision 12,31  1540  
Minor offenses——­_-_______l_l_ – ____-__ 39  50  
Mission of theater commnnder -_-__-__-__-___ 15  23  
Money nnd banking -__r___–_-_l—_______ 9k, 121  
Monopolies, public _____._ _.__– -_-___ 12m  ::,  
Monuments, preservation ___–.____-__.____.___ 9r  13  
Morale—-,———–L—————-­11  14  
Morntoria, debt _________I_ –__—-_ 121  .I8  
Motion pictures, rclcnses-­___l__________l 12t, 12y  19, 20  
Motor trucks, busses, and vehicles. (See Trans-  ,,,  
portation.)  9  
Narcotics ____-__ r______–__–_______I_ lPb, 45  15,57  
National policies -__–____— – -__–____-__I 4  
Native government (see also Local government 9e, 9i  6,:  
departments) .  
Native labor. (See Labor.)  
Nwval advanced bnse zone. (See Zone.)  
Nwal combat units, small, should be relicvcd  
of civil &airs control ___-_ –_ 18  27  
Navy Dcpnrtment :  
Sccretnry of Navy – _________ -:–­ 22  
Commander in Chief, U. S. Fleet,— ::  
Chief of Naval Operations -_ 13  
76  

Navy Department-Continued. b Secretary of Navy-Continued. Pnrngmp11 PagO Joint Chiefs of Staff _-_____ 10, 12y, 13, 32 1,3,20, 22,
42 Combined Chiefs of Staff ______- 10. 13. 32 13, 22,4,2 Fleet commander–____ — ____ –..L ’ 13 22 Force commander—-___________ -_ 13 22 Vice Chief of Naval Operations——–L’ 14 23 Oflicc for occupied areas——-________ 14 23 Neutral territory, military occupation.-..–,—-3 2
Claims arising _-_–_ – __-____.__________ 48 59 Object of control ________ —_____ -___—–4 3 Objectives :
Of military government—————-98 G Economic——-,,—————I-17 24 Diplomatic -_-_____ —_____ —___ L— 17 24 Occasion for military government————3 2
Schools for training—-____ — _-__ -___ 29 39 Occupied territory, definition __________ -___ 1 1 Offenders, offcnscs:
Against security ____ –_-____ -_- ____ -_-_ 19 28 Military Commissions, Jurisdiction——42 53 Jurisdiction, minor offenses—-_________ Jurisdiction, serious offenses————i: 2
Oflice for occupied areas. (Ses Navy De­
partment.) Oflice procedure–____—–__—-_________ 12Y 20 Ofhcials, offices :
Actual and no!ninal heads——________ 9i 9 Appointment and removal—–____ -_– 34 Information concerning ______ -_____ -___ 31 2
Local,  use  of,  control  ________…____  -___­ 12Y  20  
Police,  local  I_-_-_______  –_-_­ 26  35  
Removal  of  high  political,  Cabinet—–­
Operating  ‘units ___—-_  I-___—______-_  1;  2:  
Operational  type  of  organization.  (Sfx  organ­
ization.)  
Operations,  Military  -___-__­ ____- -___  4  
Single,  joint,  or  combined-­ _._II_____.-__  12Y  2:  
General  __.__ –______–__—–  ___-___­ 17  24  
Operations,  theater  of.  (See Zone.)  
,,  Order,  maintain!ng  Public  4, 12b, 26,  34  3, 15, 35,  
~rderl6es,———-,——————–­ 12Y  iit  
Orders.  (See  Civil  Affairs  orders.)  
Annexes—-,———————–­ 18,33  27,43  
Civil  affairs,  supervision,  excCutlOn–,–­ 22  
Distribution  of, by Adjutant  General—-,  12Y  it  
77  

Orders-Continued, PtWllgNl~,ll Pngo Interpreters——__-______-__________ 37 50 Issued through chain of command—.—16 24 Language ———–_ _____^__________ 22 31 Preparation, by staff assistant–_______ ___ 23 Routine _____l-l________-__ —__–___ 33 2
Ordinances _____________ – _____ – __________ 12b English and dtbcr languages—-________ 34 :: In general-:-_______ – ___-_ – ______ —_ 36 48 Language–~———————___ 22 31
Organization: Advantages and disadvantages of each type 17 24 Army communications or naval advanced
b asc zone–_____________I_ –___-_–19 28 Civil affairs section–______ —-_______ 3 In general—–:——____ -_-___—__ 13-26 2: Theater, affected by various things——15 e 23 Types, operational territorial _-___-…_ -_-_ 16 24 War and Navy Department __-__–___ –14. 23
Padlocking, houses of prostitution, ctc——–4.5 57 Patrol vessels ____ -____ – ____ ———_—__ 24, 34 PSY-_-____-__—-____—————,-_ 12Y 20 Peace, disturbing ________ -______________ -_ 26 35 Peace conferences———__.___ —-__—– 12x 20 Personnel———_-_____—____ –___-___ 9c
Administrative service——————28 386 Categories, rcquircd—-______ –_______ 25 34 Civil affairs, selection and training by
PMG-___-_——_————–_-14 23 Clerical, secretarial—————–~-~ 25 34 Enlisted _______ —-____ -____ –__– 25,27,30 34,37,4,0 In gencral~~~_~~~~~~-_~_____________, 27-29 3 7-4.0 Military, damage done by, claims-_______ 4.8 58 Oniccr———————.———27 37 Statistics—–_____I __________ –_____ –12Y 20
“Versatility essential _-____—_____-_____ 32
W&ant ofliccr—–________—____-__ 8 37 Pestilence——–____________________ –__ 11 14 Petroleum production, dcvrlopment——–I-1211 18 Physicians. (See Doctors.) Planning, plans-,-_-_-___ – ____-__ -________ . 13 ’ 22
By civil affairs staff section _-_… – ._I______ 31 Chief of, planning by -__-___—_— zz Information furnished by———–22 3”:
In gcncral—___-____________ – ____-__ 30-34 4.0-4.4 Responsibility _____ -____ – _____ -_______ 32 42 Studies of localities, as basis __– – -______ 31 40
Police. (See Military police; Local oflicials.)
Policies : PUi~@YL~l11 Pngo Basic–__.-________—__–_______ Introductibn 1 Diplomatic—–_________ -__-_—_–__ 9g Economic __1-1_-__-_____1_________I -_ 911 1: Formulation ____ —————z____ 12a, 12b 15 . Covernmcntal ____ L———-_________ 4 3 Military –: _________________ – _________ , 9s 6 National ___________________ –_——-4 3 Of occupation _I___-_______ – _____ -_-__ 35 45 Political: Activity prohibited .—–__________I_ -__ 9j 11 Boundaries. (See Boundaries.) Circumstances–_______ ——–L—–5 Opinions not to be published ______ -__-_ 9n 1: Parties _–_–_-_——_______________ 31 40 Parties, membership–_______ – _________ 9i 9 Power wielded unofficially—–______ -__ 31 40 Prisoners, to be relensed _____ –______ -__ 9j 11 Subdivision ______ – -_____-______ 17,21,24,25 24,30,34 Subdivisions, to be rctnined————- 911 + Pollution of water supply–______ -____ —*z 91 1: Prevention —_______ -_-___——_—-11 14 Poor, institutions for _______ – _______ -_-_-___ l2w 20 Population, trcatmcnt (se0 also Inhabitants; Civilians; Civil afTairs orders)————- 9g 6 Port, duties of civil affairs officers in——–12j, 18 17,27 Port arcas ______________ —__—_________ 123 11 Postal communications, service ______ -___–_ 1211, 3 1 17, 4.0 Post-War, position of territory ____ -_- _______ 9e Press, freedom of ________ –____ — __-___—90 1: Press releases, prcpnration-_________ -__-_ 12t and y 19,20 Previous convictions——————-_ 44 55 Prices, control——______ – ____ —___- –__ 9lc 11 Principles -___________ -_–____l_l________ 9 5 Priority ______-_-_–__-___-_-____ – _________ l2Y 20 Prisoners : Political, to be released ______ -________ -9j, 1211 II,19
Racial prisoners __-_- -________________ -9j 11 Prisoners of war, allied—-_l.—l_.“—.-l—12u 19 Prisons—.__- —-_l–__- _————–_-12b 16 Private property. (See Property.) Procedure (see also Military commission claims,
Army) ________I___ – _________ – _______-_ 34 44 Proclamations –__-_———-________ 12b, 34,3G 15,44,40 English and local languages ____—I….-..–35 45 In ~encml_-___-_–___———-34 44
Proclamations-Continued.
Purther proclamations and ordinances—­Contents-_-,—–__–_____——–~-­Form and character———–_–­Issuance———-____ – _____ –_-­Publication -___-__-__–__I_______
Initial—-____ –___- ______ – _______-__ Contents———-____ -_- ________ Form and character,- __________I___ Publication——–______ -_-______
Language——_——————–­
Procurement: Claims_——l_–__——-LI———­Of labor——-____ –_-__–__________ Of personnel——————-______ Of services——_____ –___-_-_____-__ Of supplies _______ —–____ -__- ______ Responsibility of lower officers ____-_____ Responsibility of theater commander—–..
Production———-I——————-­Profession8 or callings:
Various, personnel drawn from __-_–.__– Promotion ___–__–_____ -_-___-_____-____ Propaganda. (Sea Counterpropaganda.) Property :
Enemy government, custody–_–_–_–­Private—-____ – L_______________-____ Private, of military use -__–_L——~
Prostitutes -___ –__- ______ —_________ -___ Prostitution, l~ouses of, closing, padlocking—­Protection for local officers—______________ Protective measures—________ –_-___._____ Protocols———-__——-__I_-_-____-­Provost courts———__-__ – _____._._.I_____
Appointed by -.____ –___- _____ – -___-__ Composition-__________ -___-_–_-I._.__ Jurisdiction – ,____ – _______c__________-_~ Personnel—______l___l__-_____r_I___ Procedure ___._-_ – ______.-___l_________ Records -…—-L——-__-_-_c-__–___ Sentcnixs imposed _—-___-__-_—____
Provost marshal –_.. –_-___—–.. – -__–__–
Selects and trains personnel _l-_…-_—_- Publications, supplied by Adjutant General-­Public finance, budget, revenues, expencliture,­Public health :
Training and cxperiencc in, qualihcations for functional ofliccrs——-___- –___ 00
rflmgml,ll
 36
 36
 
iz
35
 35
 35
 35
 22
 
48
 9g
 27
 9g
 9g, 12y
 27
 27
 
3d,12n
28
 12Y
 
12s 12s s
12s, 12y
 39
 45
 9i
 12Y
 21
 39,4,4
 41
 19, 40
 39,42
 40
 
4.4
4.6
 39,45
 12Y
 14,
 
12~ 12m
28f
Pllg@
4.8
 48
 48
 48
 
59
 6
 31
 6
 
6,20
i:
 6, 18
 
38
 20
 
19
 19
 
19,20
 51
 57
 
2:
30
 51,55
 
28, :“z
51,53
 t 52
 55
 57
 
51,57
 20
 23
 20
 18
 
39
 Public monopolies. (See Monopolies.) I’aragra~~Il PaC’r Public relations officer .+-_-_-_ –____ -___– 12Y 20 Public utilities :
ODerating exrxxience in, desirable for
-functional &icers—-l___________ -_ 28f 39 Planning concerning———_____–_–31 40 Restoring —–____–____ -A–9k, 11, 12k and y 11,14,1’/,
20 Punishment, punitive measures (see also Maxi-
mum punishments) ______-________II_____ 98 6 Carried out publicly ______ —___–__-c_ Limits _____-___ – -_____– -___—___–2 4:
&rchascs -_–_–_——–__—____ — ____ 12n 18
Purposes : Of occupation-I——__-,_-______,___ 12t 19 Set forth in initial proclamation———35 4*5
Qualifications : Of civil affairs oficcrs __________ –___-28 38 Executive and administrative experi­ence, management—-.–.——.-28 . 38 Knowledge of territory and language-28 38 Of functional 0fXcers :
Prafessional training __-__ -___-_____ 28 Quartering———————__________ 12Y ;llQuartermaster, distribution of equipment and
supplies by __-______________I____ – _____- 12Y 20
Racial discrimination: Inhabitants imprisoned solely because of, to be released————-____ ______ % 11 Laws based on, to bc annulled———9n 12
Radio—————_-l-l——-l_-_l__l 121s 15 Releases __l__l___l_ —__—___–___-_ 12t Service————-_–__-,-,—__,__ 31 to”
Railroads, railways————————12i
Use of for civilian Durnoscs ____l-__l_ 1.2~. 31 20, :;I Rationing ____________–L–L –__-_–__-_I_ “9k Rear areas, orgapizstion __________I_ —-__-18 :: Rebels —_______________________________I 1 Reclassification _-____________________ -__-_ 12Y 2: Record;, of trials before military commissions,
review of Judge advocate Gcncral (see also Reporters)——-______–_ -_-______-___ 12Y 20 Records, accounts, etc., to bc kept by of­ficers,————-___,_______________ 12x
Records, historical and current ______________ 9P Seizure and sealing _________ -____ -_-___ 26 To be impounded———-,,______,,, 34
Regiments, civil affairs control, should be rc­
lievcd—————,,——–_———-18
 Regulations:
 As to claims in general————-_–48
 Navy claims ________ -_-_-_—_________ 48
 
Reinforccmcnts of civil affairs pcrsonncL—-18
 Relations of troops with inhabitants
 9i, 12b, 12t, 12y, 17
 
Release. (See Press releases; Radio; Motion
Pictures; Prisoners.) Relief————————-~–~-~~~~~ Religion and religious places—____________
Laws discriminating against to bc an­
n~illed_-I_-_-_——–_—__——-­Local, study ____________ -___-_–_-___ Places of religious worship to remain open.. Respect for religious customs and organiza­
tions—————————–­Relocation of displnccd persons . ..__—-_____…- Remission of punishment—____ —__-__-___ Repatriation of-
 
Persons I___________________-,——–
Persons in occupied territories———­Replacement_—-_-____ –_____ – _____-____ Rcportcrs for military coinmissions———­Reprisals against inhnbitants————II-­Requirements for of&xrs, enlisted personnel
 
materials, planning for_—-_-_—–___–­Requisitions -L—-____– ____I____________
For pcrsonncl and materials——–,—Rcsourccs (See also Local resources) -_______ Responsibility, division of:
 
Bctwccn Army and Navy————–Bctwecn United States and allies–.-,–..­Plans. (See Planning.)
Retention of-Existing laws, customs, and political sub­divisions——————_-______
Local oficcrs and offices ————— Retirement of personnel-_____ -_____ – _____ -_ Revenues, public—–_________l_l_ll_llll_ Review of records of military commissions by
judge advocate-_______ -____ -__-_- _____ Rioting—______l_l_______l__________I___ Roads———————————-­
Construction and maintenance __–__l-l_ Rolling stock __________ – _-_-_-_–___I___-_
82
 
12e 9m
page
21
 
58
 
60
 
27
 
9, 15, 19,,
 20,24
 
16
 12
 
911
 31
 102
 9m 12
 
31
 40
 12~1
 19
 38
 50
 
12u 11
 ii
 
* 12y
 20
 
4.4
 55
 %
 6
 
30
 40
 
1211
 18
 90, 34,
 40,44.
 9d
 6
 
10
 10
 fi
9h
9i i
 12y 20
 12m 18
 
12y, 47
 20,58
 
26
 35
 12i
 12Y
 :7;
31
 40
 Routine orders; (See Orders, routine.) I’lli?ll&Ul~~ll PllSC Rules for trials. (See Procedure.) Sabotage and saboteurs, preventing and thwart­
ing—-____ ——: -____ —-___–___-4, 26, 31
 3, 35,4q
 Sacred places, information concerning——–3 1
 40
 Safe deposit– _—_ – ____-_____-_-___—-_ -121
 18
 Salvage _______._ – -_.___ —________ – _____ —12Y
 20
 Sanitation ____ – __._ —_- _____ -__ 9i, 11, 12f, 12y, 31
 9, 14,16,
 
20,4.0
 Duties of surgeon———_______ —–12Y 20
 ‘Schools. (See Instruction.) Schools of military government train adminis­
trative and specialist personnel ____ – _____ -_ 39
 Seal and sealing records and archives——-35
 Secretarial personnel. (See Personnel.) Secretary of Navy _________________________ 22
 
May certify meritorious claims in excess of $5,000 to Congress for payment——59
 Secretary of War——–_____ -__–_____ —22
 Advised by Civil Affairs Division _——–14
 23
 Sections of areas, when advanced, what com­mander should do–______ – _——–_—- 19
 28
 
Security:
Of occupying force-_____ -___—____-_ 4~, 12g
 3, 17
 Officers —I_______-___ –________–__ 22.
 31
 
Sentence (see also Death scntcnces) _________- 34
 44
 
Padlocking, Expulsion; Confiscation, Con­finement, Fines, Confirmation, Mitiga­tion; Disapproval, Commutation, Rc­mitting, Vacating——-_______–___ 2; 57
 
Review of _—__-__–_-___—_——– 58
 Serious offenses————-__–___——-38
 Services- __-__ -_-____ –________ —-_-___ 8, 9, 31
 .5,::
 Service trades—————_____ –______ 9k
 11
 Sewage and sewerage—_____ -____ -_— _-__ 12f, 31
 iF, 40
 Shelter—————_-__ ——- —-…— 12Y
 20
 Short patrols (see &so Military police; Ma­
rines) ____.____ – ___—– -_–___–___ 12b, 18,25 15,27,34* ,
 In general ______ -_-_–___________ -__-26,34 35,44
 Necessity —-_—–__ –______ —___-_ 35
 Assignment and command ____________ 22: r Arrests, authority to make _______ –_____ 2G ;;
Shrines, preservation…———_-___._–____ 9r 13
 Signal communication -_____ -______ —-_-___ 12y 20
 
Signal oflicer ____.__-___ –__l__l_______ 12Y 20
 Social relationships, (See Relations.)
Sovereignty cloes not pass to occupant——— 1
 1
 
Pnge
Specialists and specilization (see also Schools -of military government)–.L–__-____ 11, 25, 28
 14, 34, 38
 
Special staff functions, generally-‘_______ ____ 12Y
 20
 Speech, freedom of ____ – _____ –__-_-___-___ 9o
 Spies_———————————–31
 2
 Staff. (See Special staff functions, G-l, G-2,
 
G-3, G-4; Staff sections; Civil affairs staff
 section; Staff assistants; Staff officers.)
 Staff assistants:
 
Duties ____——_- – —–_ -__–___-__-23
 32. No fixed assignments——- ____ –__ 23
 Investigate problems—____ –__-__-_ 23
 2
 Collect information—————-
 32
 Prepare orders—-r-__—-__ – _____ 223”
 32
 
Qualifications __-_-_____ -___-__-______ 28
 38
 St& officers, civil affairs. officers may be, of
 commander of unit _—.—-_-_____ – ______ 18
 27
 ‘aff sections (see also G-l, G-2, G-3, and
 G-4)—————————–,—-12Y
 20
 Coordination between civil affairs officers
 and other staff sections————–12Y
 20
 
itistics——–_____ – –___c___ —_______ 12Y
 20
 rategic material _______—–__—-_______ 12
 15
 
otrategical rcquiremcnts as affecting control through operational and military administra­tive area commanders-_—–_-_-__-__–.-. 24,
 
Studies of local matters, as basis of planning– i:
 40
 Subversive instruction. (SSS Instruction.)
 suits. ($60 Claims.)
 lummons to dcfcndant——_____ – ___- -___ 43
 55
 hpcrvision :
 
And coordination with G-l, G-2, G-3,
 
and G-4~——_——-_–_———-12Y
 In general——–_______I__ -_-______ 22
 321” Of agriculture, commerce, etc _______-__- 120, 3 1
 18,40
 Of educational system __I…__—–__-_– 12v
 19
 Of industries–_____________-____-____ 9k
 11
 Of production __l__l_________ – ________ 9d
 6
 Rather than operating head, general rule
 
for civil affairs oflicers–___l____ll___ 9i
 9
 ! upremncy of ‘commanding officer————8
 5
 ! upplies :
 
In general _.___– – ______ – __—-_– —-i7,31 24, 30
 Medical ___________l____l________ Il,12j, 12~ 14, 17, 20
 
84
 
Specialists and specilization (see also Schools
of military government) – _______ -_—-11, 25, 28
 Special staff functions, generally-L ______..-___ 12y
 Speech. freedom of—-__________ -___—__-
 Spies-~—_——————————i;
 Staff. (See Special staff functions, G-l, G-2,
 
G-3, G-4; Staff sections; Civil affairs staff
 section; Staff assistants; Staff officers.)
 Staff assistants:
 
Duties-_______–_–_—–_-__________ 23
 No fixed assignments _______________ 23
 Investigate problems _-_l_____l_l___ 23
 Collect information ____-___-______ –
 Prepare orders ____ ———–_____ ;33
 
Qualifications -_-_-___c_____ – _________ 28
 Staff officers, civil affairs, officers may be, of
 commander of unit ____ – _____ – ____ —_-__ 18
 Staff sections (see also G-l, G-2, G-3, and
 G-4) -_-____-_________________________ 12Y
 Coordination between civil affairs officers
 and other staff sections ____ – _________ 12y
 
Statistics ____ -__- _____ – -__—-___—- – ____ 12Y
 Strategic material——–______ –_________ 12
 Strategical requirements as affecting Control
 
through operational and military administras
tive area commanders–________ –____ –__ 17
 Studies of local matters, as basis of planning– 31
 Subversive instruction. (See Instruction.)
 Suits. (See Claims.)
 Summons to defendant–__-__ – ________ -___ 43
 Supervision :
 
And coordination with G-i, G-2, G-3,
 and G-4 ____________-I_____——– 12p
 In-general—______ —__-_I_–___ –__ 22
 
._
Of agriculture, commerce, etc ___-_______ 120, 3 1
 Of educational system- _-______ – _-____ -12v Of industries-______ –__-___-_____ –__ 9k Of production——-___– ___-_ -_—__ 9d Rather than operating head, general rule
for civil affairs ofSccrs———______ 9i
 Supremacy of commanding ofhcer—-…——-8
 Supplies :
 
In general ______ -_–_r_______–_-_—17,31 Medical—————–________ 11,12j, 12~
84
 
pwe
14, 34, 38
 20
 
:;
32,
 
2
 32
 32
 38
 
27
 
20
 
20
 
20
 15
 
24,
 40
 
55
 
3’1”
18, 4.0
 19
 11
 
6
 
9
 5
 
24j 30
 14, 17, 20
 
Supplies-Continued. Parngmpl\ Puge
Occupied territory as source- ____________ 9k
Quartermaster——_____ –___—___–12Y ::, Supply officers, liaison with civil affairs officers-22 Surgeon———_——————-_—-12Y ii
‘Taboos—-~—————————–31 40 Tactical unit commanders——————. 28 Task force ____I__________________ -___–_-:z 30
Commander exercises same control as the-
ater commander __-_-_ —___-_-___–21 30 Taxes, collection——______ —__-__-__–_ 12m Teamwork, importance–_______I________ —12Y :i Technical specialists–______ —-___—___–25 Telegraph–_…_.– _… -_- _______I__ –_____ 12h,Sl 17, :“d Telephone ____ –__–___-__-__-____ L _____ 1211,31 17,40 Territorial type of organization. (See Organization,) Theater commander:
‘Directives—————————-32 42 In general——-_–____ -_-__–__-__-I 13 22 Mission of, as affecting planning——15, 19, 20 23, 28,30
Theater of operation—— __-_ -__-__–_ 12y, 13,21 22,30 After cessation of hostilities————-21 30 During campaign-_____________ – __-___ Planning___————————–:: ii!
Theater organization depends on mission,
forces, etc—-___._ -_- ———,———Topograpl~y~~~~~~~~-~____________________ ;: i: Trade. (See Trading with the enemy.)
Development and, supervision ___________ 12q 18 Trading with the enemy——————-121 18 Traditions, local——____________________ 31 40 Traffic, control _l____–_–_____–_l__ 12b, 12y, 39 19, 20,51 Training :
In iiaison _____ –_–__________________ 34 In theater of operations—– ___________ z95 t 39 Of Army personnel ____________ ——–12Y 20 Of civil affairs officers _____ -__–_______ 12a
In the United States————–27 By schools of military govern­
ment——____-^___-_-_–_ 29 39 Of combat troops—.—-.—–. –______ 17 24 Of Navy personnel ____________________ 14
Transcript of testimony (see also Records; Re­porters) ___—-l-I———————46
Transfer : Of sovereignty, none in military occupa­tion—l-l-i7_–‘—————-­Of 06icersL “’
—L–L———-?——­Translations of proclamations, ordinances, etc–
Paragranh  PR@  
1  
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35  

Transport officer, duties————______ 9k, 12~ 11,:: ‘Transportation——____—-____ -_ 11, 12i, s, y, 25 14,17, 19,
Training and experience in, for functional
officers —-_—_–___—__-___ _____ Treatment of local population will vary ac­cording to attitudes—— ______L___ – _____
Trials (see nlso Judge advocate) __——–__
Records —___–_____–___-___–_____ Tribal customs ______.-__ – _____ —_____ -___ Tribunals _-_____ – ______ – ________ –______ ­Troops, relations with inhabitants———–­Types of organization. (See Organization.)
Utilities. (See Public utilities.)
Vagrants -_——__-_—_–_-_I__________ Versatility in personnel essential———–­Vice Chief of Naval Operations, in charge
of Office for Occupied Areas—–_________
Wages, abnormal increases—————-­
War Department: Organization of Civil Affairs Division—­Information for planning _-____ -___-__­Responsibility for planning——-,—-­
Warrant officers- _-__-____ – _____-_______ -_ Waste———————————-­Of manpower_——,—————­
Water supply—————–,—_______ -_ Pollution,——______________ -_-___ Works_—————————–­Protection _____ –____ – ______ –_—___
Waterways——————_____________
 Welfare, public __-__ –____ –_-_–_– _____
 Wireless. (See Radio.)
 
20,34
28,31 38,40
9s 6
4.4, 12~ 55,20 19 31 ii
38 30 17 24
51 ;:, 32
14 23
9k, 12r 11,17
14, 32 23,42
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12f 16 17 24 91 12
11,12f 14,16 31 40 31 40 12i 11
12w, 34 20,44
Witnesses –_-_­Works, public-­___—__—–__———–
 Worship. (See Religion.)
  -_
  44 31  55 40  
Zone :
 Of operations—­Combat —___­ – ___-________ —–___­-_-_­_-__  17,19 18  24,2S 27  
86  

For H& by the S&crintendent of Documents. U. S. Government Printing Office
 Wnslhgton, 1). C. -Price 15 cents
 

 

Legal support operations

Legal support operations

Legal Support to
Operations

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

Legal Support to
Operations

HEADQUARTERS, DEPARTMENT OF THE ARMY DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. *This publication supersedes FM 27-100,3 September 1991.
Table of Contents

PREFACE………………………………………………………………………………..v

..INTRODUCTION ……………………………………………………………………….vii

Chapter 1 Role of the Judge Advocate ………………………………………………………………… 1.1

1.1 THE JUDGE ADVOCATE GENERAL'S CORPS MISSION ……………………..1.
1
1.2 PERFORMING TRADITIONAL ROLES ………………………………………………… 1.1

1.2.1 Mission…………………………………………………………………………………………. 1-2

1.2.2' Service…………………………………………………………………………………………… 1-2

1.2.3 Legitimacy……………………………………………………………………………………. 1-2

1.2.4 The Military General Practitioner ……………………………………………………… 1-3

1.2.5 The "Judge" Function …………………………………………………………………… 1-4

1.2.6 The "Advocate" Function ……………………………………………………………… 1-5

1.2.7 The "Ethical Adviser" Function ………………………………………………………… 1-5

1.2.8 The "Counselor" Function ……………………………………………………………….. 1-5

1.3 IN A CHALLENGING NEW ENVIRONMENT ……………………………………… 1-6

1.3.1 More Missions ………………………………………………………………………………. 1-6

1.3.2 Command and Control Relationships ………………………………………………. 1-7

1.3.3 International Operations ………………………………………………………………… 1-7

1.3.4 Fluid Operations …………………………………………………………………………….. 1-7

1.3.5 Technological Advancements …………………………………………………………… 1-8

1.4 CHALLENGES FOR JUDGE ADVOCATES IN THE 21ST CENTURY …….1-8

1.4.1 Mission………………………………………………………………. …………………….1-8

1.4.3 1.4.2 Service………………………………………………………………………………………….. 1-9

Legitimacy………………………………………………………………… i…………1-10

1.5 SUMMARY………………………………………………………………………………………. 1-10

Chapter 2 Organization to Support Army Operations ……………………………………………. 2-1

2.1 JUDGE ADVOCATE ORGANIZATIONS ………………………………………………-2-1

2.1.1 Office of The Judge Advocate General ………………………………………………-2-1

2.1.2 Field Operating Agencies ……………………………………………………………….. -2-3

2.1.3 The U.S. Army Legal Services Agency …………………………………………….. -2-3

2.1.4 The Judge Advocate General' s School, U.S .Army …………………………….. -2-5

2.1.5 Army National Guard Legal Organizations ………………………………………… 2-6

2.1.6 U.S. Army Reserve Legal Organizations ……………………………………………. 2-7

2.1.7 Staff Judge Advocate Offices …………………………………………………………. 2-10

2.1 8. Command Judge Advocates ………………………………………………………….. -2-14

2.2 JOINT LEGAL ORGANIZATIONS …………………………………………………….. -2-14

2.2.1 The Office of the Legal Counsel to the Chairman, Joint Chiefs of Staff ..2.15
2.2.2 Unified, Specified, and Subordinate Unified Command Staff Judge
Advocates ……………………………………………………………………………………………….. 2-15

2.2.3 Joint Task Force Staff Judge Advocate ……………………………………………. -2-15

2.3 MULTINATIONAL FORCE LEGAL ORGANIZATIONS ………………………. 2. 15

2.4 PROVIDING .ARMYLEGAL SUPPORT FOR OPERATIONS ………………… 2. 16

2.4.1 Overview of Operational Law Support…………………………………………….. 2-16

2.4.2 Tailoring Operational Law Support…………………………………………………. 2-19

5.3.1 Command & Control. Sustainrnent. Personnel Service Support ……………..5-4

5.3.2 Command and Control (C2)…………………………………………………………….-5-4

5.3.3 Sustainrnent……………………………………………………………………………………5-5

5.3.4 Personnel Service Support ………………………………………………………………. -5-6

5.4 THE CORE LEGAL DISCIPLINES IN WAR …………………………………………..5-7

.4.1 Administrative Law 5,
………………………………………………………………………..-5-8

5.4.2 .
Claims …………………………………………………………………………*…*..*…..*……
5-8
5.4.3 Civil Law ……………………………………………………………………………………….5-8

5.4.4 Military Justice ………………………………………………………………………………. 5-8

5.4.5 International Law ……………………………………………………………………………. 5-8

5.4.6 Legal Assistance ……………………………………………………………………………..5-9

5.5 ORGANEATION FOR WAR ……………………………………………………………….-5-9

5.5.1 Theater Legal Structure ……………………………………………………………………5-9

5.5.2 Army Service Component Command …………………………………………………5-9

5.5.3 Command Posts …………………………………………………………………………….5-10

5.5.4 Judge Advocate Disposition ……………………………………………………….5-11

5.5.5 Brigade Command and Control Facilities …………………………………………5-22

5-6 MATERIEL IN WAR …………………………………………………………………………-5-24

5.7 TRAINING FOR WAR ………………………………………………………………………..5-25

Chapter 6 Legal Support to Military Operations Other Than War ……………………………6-1

6.1 INTRODUCTION……………………………………………………………………………….. -6-2

6.2 STRATEGIC CONCEPT ……………………………………………………………………… -6-3

6.3 THEATER CONCEPT ………………………………………………………………………… -6-3

6.3.1 Political Objectives ………………………………………………………………………….6-4

6.3.2 Legal Complexity …………………………………………………………………………..-6-4

6.3.3 Mission Complexity ………………………………………………………………………. -6-4

6.3.5
6.3.4 Command and Control ……………………………………………………………………-6-4

Interagency Coordination ………………………………………………………………..-6-5

6.4 THE ARMY'S ROLE IN MOOTW ………………………………………………………… 6-5

6.4.1 Arms Control……………………………………… :…………………………………………6-6

6.4.2 Combating Terrorism ……………………………………………………………………..-6-6

6.4.3 Counter-Drug Operations ……………………………………………………………….. -6-6

6.4.4 Enforcement of Sanctions and Exclusion Zones …………………………………..6-6

6.4.5 Humanitarian Assistance ………………………………………………………………… -6-7

6.4.6 Nation Assistance …………………………………………………………………………… 6-7

6.4.7 Noncombatant Evacuation Operations ……………………………………………….6-7

6.4.8 Peace Operations ……………………………………………………………………………. 6.7

6.4.9 Recovery Operations ………………………………………………………………………..6-8

6.4.10 Show of Force Operations ……………………………………………………………….. 6-8

6.4.1 1 Strikes and Raids ……………………………………………………………………………. 6-8

6.4.12 Support to Insurgencies …………………………………………………………………… 6-9

6.4.13 Operations Under Armistice Conditions …………………………………………….. 6-9

6.5 ORGANEATION OF MGAL SUPPORT ………………………………………………. 6-9

6.6 LEGAL ASPECTS OF C2. SUSTAINIVENT. AND SUPPORT OPS …………..6-9

6.6.1 Legal Basis for the Operation …………………………………………………………. 6-10

6.6.2 Status of Forces ……………………………………………………………………………6- 10

6.6.3 International& Interagency Relationships ………………………………………..6-11

6.6.4 Use of Force & Rules of Engagement (ROE) …………………………………….6-11

6.6.5 Treatment of Civilians …………………………………………………………………..-6- 12

6.6.6 Fiscal Responsibility ……………………………………………………………………..6-13

6.6.7 Intelligence Oversight …………………………………………………………………..-6- 14

6.7 LEGAL TRAINING REQUIREMENTS ………………………………………………..-6- 14

6.8 LEGAL EQUIPMENT REQUIREMENTS …………………………………………….-6- 15

6.9 SUMMARY……………………………………………………………………………………… 6-15
Chapter 7 The United States as a Theater ……………………………………………………………. 7-1

7.1 INTRODUCTION………………………………………………………………………………… 7-1

7.2 Organizing and Equipping Judge Advocates ……………………………………………. 7-2

. .

7.3 Tramng Judge Advocates …………………………………………………………………….. 7-2

7.4 Military Support to Civil Authorities ……………………………………………………..7-3

7.4.1 General ……………………………………………………………………………………….7-3

7.4.2 Authorization for Military Support ………………………………………………….7-3

7.4.3 Lead Agency Concept and Role of Military ………………………………………..7-4

7.4.4 Rules for Use of Force ……………………………………………………………….7-5

7.5 Military Support to Law Enforcement ………………………………………………….. 7-6

7.5.1 Civil Disturbance Operations ……………………………………………………………7-6

7.5.2 Counter-Drug Operations ………………………………………………………………..-7-9

7.6 Emerging Threats in the Continental United States (Terrorism) …………………7-12
Chapter 8 Rules of Engagement ……………………………………………………………………….8-1

8.1 INTRODUCTION…………………………………………………………………………………8-2

8.2 ROE DEVELOPMENT CONSIDERATIONS ………………………………………..8-2

8.2.1 Commander's Responsibility …………………………………………………………….8-2

8.2.2 Purposes of ROE …………………………………………………………………………….8-2

8.2.3 Drafting Considerations ………………………………………………………………….8-3

8.2.4 Situation Considerations -METT-TC ………………………………………………..8-4

8.2.5 Definitions and Key Concepts …………………………………………………………..8-5

8.2.6 Types of ROE …………………………………………………………………………………8.6

8.3 CJCS Standing ROE ……………………………………………………………………………..8-7

8.4 THE I-D-D-T METHODOLOGY ……………………………………………………………8-9

8.4.1 Interpret…………………………………………………………………………………………8-9

8.4.2 Draft ……………………………………………………………………………………………8-10

8.4.3 Disseminate…………………………………………………………………………………8-13

8.4.4 Train…………………………………………………………………………………………… 8-13
GLOSSARY
REFERENCES
INDEX
ENDNOTES

Preface

Legal support to operations encompasses all legal services provided by Judge Advocate General's Corps (JAGC) personnel in support of commanders, units, and soldiers throughout an area of operation and across the spectrum of operations. This support includes Operational Law and the six Core Legal Disciplines, which support command and control, sustainment, and personnel service support. Legal support to operations promotes the operational mission, provides quality legal services. and preserves the legitimacy of operations.
Field Manual 27-100, Legal Support to Operations, is the Army's capstone legal doctrinal manual. It describes the missions and operations of JAGC organizations, units, and personnel supporting Army operations. Legal support to operations must be thoroughly integrated into all aspects of operations to ensure compliance with law and policy and to provide responsive, quality legal services. This manual does not provide comprehensive treatment of the Law of War or Geneva Conventions. For information on these topics, refer to Field Manual 27-10, The Law of Land Warfare.
The purpose of this manual is to provide authoritative doctrine and guidance on all legal support to Army operations. It also provides the basis for legal training, organizational, and materiel development. It contains guidance for commanders, Staff Judge Advocates, staffs, and other JAGC personnel. It implements relevant Joint and Army doctrine, incorporates lessons learned from recent operations, and conforms to Army keystone doctrine.
The proponent of this publication is The Judge Advocate General's School, U.S.
Army. Send comments and recommendations on DA Form 2028 to Commandant, The Judge Advocate General's School, U.S. Army, ATTN: JAGS-CDD, Charlottesville, Virginia 22903-1 78 1.
Unless otherwise stated, specific gender pronouns include men and women.
Introduction
Mission of The Judge Advocate General's Corps and Purpose of FM 27-100
The mission of judge advocates and supporting legal personnel is to provide professional legal services at all echelons of command throughout the range of military operations.' The purpose of Field Manual (FM) 27-100 is to describe how the Judge Advocate General's Corps (JAGC) will provide legal support to operations and how commanders should integrate legal support in operationai planning and training.
Legal Support to Operations and Functional Areas
Legal support to operations encompasses all legal services provided by judge advocates and other legal personnel in support of units, commanders, and soldiers throughout an area of operations and across the spectrum of operations. Legal support to operations falls into three functional areas: command and control, sustainment, and personnel service support (or support for short). The following are illustrative examples of the types of legal support within these functional areas. Command and control functions include advice to commanders, staffs, and soldiers on the legal aspects of command ' authority, command discipline, the application of force, and the Law of War (Low). Some examples of judge advocates' command and control responsibilities are interpreting, drafting, and training commanders, staffs, and soldiers on rules of engagement; participating in targeting cells; participating in the military decision-making process; participating in information operations; applying the LOW; and advising commanders on policies prescribing soldier conduct and ensuring discipline (e.g., jurisdictional alignment, convening authority structure, and authority to issue General Orders). Generally, issues directly affecting the commander's operational decision-making process on the battlefield fall within command and control functions. Sustainrnent functions include negotiation of acquisition and cross-servicing agreements and status of forces agreements (SOFAS), combat contingency contracting, fiscal law, processing claims arising in an operational environment, and environmental law. Personnel service support functions include soldier discipline advocacy services (courts-martial, nonjudicial punishment, and other routine matters in the administration of military
justice), legal assistance services, and basic soldier-related claims issues.
Operational Law

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

Core Legal Disciplines
The six core legal disciplines are administrative law, civil law (including contract, fiscal, and environmental law), claims, international law, legal assistance, and military justice. Functional areas of legal support to operations contain some core legal disciplines in their entirety, and cut across others. For example, foreign claims are a sustainment function, while personnel claims are a personnel service support function. Functional areas of legal support are intended to describe better what combat (operational) functions are supported by particular legal services. While some traditional judge advocate functions are associated with Combat Service Support (CSS), legal support to operations goes beyond traditional CSS functions, and often impacts substantially on a commander's command, control, and sustainment of an operation. Further, providing critical legal support requires the presence of judge advocates and other legal personnel far forward and in key operational headquarters, centers, and cells.
Doctrine to Train and Operate
The United States Army is doctrine-based, and FM 27-100 contains the doctrine for legal support to operations. Doctrine within the military profession is the authoritative guide to how forces fight wars and conduct operations.' Doctrine builds on collective knowledge. It reflects wisdom that has been gained in past operations. It incorporates informed reasoning about how new technologies may best be used and new threats may best be re~isted.~ Doctrine, in this and other field manuals, records a shared and reasoned vision that can serve as the basis for planning operations, organizing and structuring forces, training soldiers and units, leading, developing tactics, and procuring weapons and equipment. The military professional who studies doctrine knows the principles that officially guide these essential functions of United States forces: doctrine, training, leadership, organization, materiel, and soldiers (DTLOMS).
Effective doctrine is not dogma. It is not doctrinaire. It is not static. Effective doctrine is dynamic, adapting to changes on the battlefield and in the world. It is also balanced, reconciling the need for precision to achieve unity of effort with the need for flexibility to achieve decentralized appli~ation.~
FM 27-100 links JAGC roles and missions to current Army keystone doctrine, recorded in FM 100-5, Operations, and to developing doctrine. FM 100-5 and developing doctrine, in turn, link the Army's roles and missions to the National Military Strategy and the National SecuriQ Strategy. Developing doctrine takes the force projection concept enunciated in the 1993 FM 100-5 to a new level with the concept of strategic preclusion-moving so fast (strategic maneuver), with such lethality (strategic fires), that enemies cannot set forces and operate at an ad~antage.~This requires the ability to project fighting forces into more than one theater and to sustain those forces from support and staging bases that may or may not be in close proximity to the supported forces.
Changes in the strategic situation since the end of the Cold War, and the development of the Force XXI Army, require a new model of legal support to operations. Past doctrine must change to meet the demands of the significant increase in the number and types of Army missions, joint and combined operations, fluid operations, complex command and control relationships, and technological advancements. Thus, in addition to implementing FM 100-5 and national strategic documents, this manual implements or considers applicable portions of several joint doctrinal manuals, as well as FM 100-6, Information Operations; FM 100-7, Decisive Force: The Amy in Theater Operations; FM 100-11, Force Integration; FM 100-15, Corps Operations; FM 100-16, Amy Operational Support; FM 100-17, Mobilization, Deployment, Redeploymen!, Demobilization; FM 100-19, Domestic Support Operations; FM 100-20, Military Operations in Low Intensity Conflict; FM 100-23, Peace Operations; FM 100-25, Doctrine for AmySpecial Operations Forces; and other current Army manuals.
Judge advocates must be trained and prepared to operate independently across the spectrum of core legal disciplines and the spectrum of conflict, standing by the commander's side. To succeed in today's operational environment, judge advocates must be master general practitioners; effective in their roles as lawyer, ethical advisor, and counselor; increasingly knowledgeable as soldiers and lawyers; constantly aware of the operational situation; and proactively working to promote the mission, serve Army personnel and their families, and enhance the legitimacy of Army operations. Doctrine in this manual reflects that judge advocates are increasingly operating individually, or in smaller teams, in order to better support split-based operations and the specialized operational cells and headquarters required to run mobile, tailored forces.
Supporting legal personnel (warrant officers, noncommissioned officers, and enlisted soldiers) must be proficient in battle-staff and legal tasks, and managing a legal office in the field. Legal specialists (enlisted soldiers and noncommissioned officers with military occupational specialty 71D) must spot potential legal issues and raise them for resolution. Legal specialists must operate under JA supervision across the range of core legal disciplines and the spectrum of conflict. Noncommissioned officers (NCOs) must also perform traditional functions-training and taking care of troops. In addition to legal, staff, and office skills, all JAGC personnel must train to proficiency in soldier common tasks.
Accordingly, commanders, with the Staff Judge Advocate, are responsible for training and supporting judge advocates and their subordinates to ensure robust legal support to operations. Training must be conducted according to the Army's training principles, such as those found in FM 25-1 00, Training The Force, and FM 25-101, Battle Focused Training. Staff Judge Advocates must develop a training plan and Mission Essential Task Lists (METL), to include establishing conditions and standards, training objectives, and selection of battle tasks. The training plan must include training that integrates and trains JA personnel with the units they support in a variety of environments, settings, and exercises. Without active training, judge advocate personnel will not develop the soldier and lawyer skills needed to provide legal support to operations.
Operational law training and practice in all components must reflect that military operations are inevitably joint and increasingly combined. Army National Guard legal support is embedded in National Guard organizations, including the National Guard Bureau, State Area Commands, and subordinate guard units. U.S. Army Reserve legal support is embedded in Reserve units, such as the U.S. Army Reserve Command, and contained in Judge Advocate General Service Organizations (JAGSO). The recent advent of Active Component-Reserve Component (AC-RC) Divisions, with their teaming and training associations, dissolves some of these historical boundaries, meshing active and reserve component soldiers into a standing division headquarters with subordinate National Guard enhanced brigades.
Finally, the modern training and practice of operational law must recognize that digital and information technologies have profoundly altered the pace of operations and the manner in which judge advocates locate legal authority and introduce legal considerations into the conduct of military operations. The materiel required to provide legal support to operations derives from the three functional areas-command and control, sustainment, and personnel service support. A judge advocate must be able to shoot, move, communicate, and research on the battlefield. Thus, judge advocates must have vehicles, sophisticated automation equipment-to include the Rucksack Deployable Law Office and Library (RDL), communications equipment, and access to key communications modes, nodes, and nets. Current operations are more legally intense than ever before. They involve vast numbers of government, non-government, and private organizations. The judge advocate's ability to reach back through technical channels for research and support is'critical.
Legal Support to Operations

Chapter 1 Role of the Judge Advocate

1.1     THE JUDGE ADVOCATE GENERAL'S CORPS MISSION
The mission of the Judge Advocate General's Corps (JAW) is to provide professional legal support at all echelons of command throughout the range of military operations. This support includes Operational Law and the six Core Legal Disciplines, which support command and control, sustainment, and personnel service support.
Throughout the history of the United States Army, the JAGC has performed this mission by supporting the Army mission; providing quality legal services to commanders, staffs, personnel, and family members; and promoting the legitimacy of the Army both in American society and throughout the world.
As the 21StCentury dawns, the JAGC transitions along with the Army. The JAGC will capitalize on new information technologies, strengthen its technical support network, obtain new warfighting capabilities, master the legal issues affecting operations, and develop the Soldier-Lawyer-Leaders who will perform the JAGC's traditional roles in a challenging, new environment.
1.2     PERFORMING TRADITIONAL ROLES
Traditionally, judge advocates have mastered many fields of law, and performed several legal roles (judge, advocate, and counselor), all in support of three fundamental objectives: mission, service, and legitimacy.
CONTENTS PAGE
THE JUDGE ADVOCATE GENERAL'S CORPS' MISSION …… 1-1
PERFORMING TRADITIONAL
ROLES…………………………………….. 1-1

Mission………………………………. 1-2

Service……………………………….. 1-2

. .
………………………….. 1-2

Leg~t~macy
The Military General

Practitioner…………………….. 1-3 The "Judge" Function …………. 1-4 The "Advocate" Function …….. 1-5 The "Ethical Adviser" 1-5
Function……………………..
The "Counselor" Function ……. 1-5

IN A CHALLENGING NEW
ENVIRONMENT…………………………. 1-6 More Missions …………………….. 1-6 Complex Command & Control 1-7 International Operations ………. 1-7 Fluid Operations …………………. 1-7 Technological Advancements 1-8
CHALLENGES FOR JUDGE ADVOCATES IN THE 21st
CENTURY………………………………… 1-8

Mission………………………………. 1-8

Service……………………………….. 1-9

. .
………………………….. 1-10

Leg~t~macy SUMMARY………………………………… 1-10

1.2.1 Mission
"Mission" means protecting and promoting command authority, preserving Army resources, and ensuring fair military systems, especially the military justice system. Judge advocates promote command authority in several ways. They participate in the key military decision-making processes, becoming involved early to identify and resolve legal issues before they become command problems. They create efficiencies and improve unit effectiveness by leveraging legal solutions to accomplish Army missions in lawful ways. They add value to the organization as soldiers and individuals, applying their skills and energy to solve legal and non-legal problems. They administer the military justice system, which promotes the discipline that makes units effective. They provide advice on other Army procedures that promote organizational discipline, such as investigations, reports of survey, standards of conduct, and environmental compliance.
1.2.2 Service
"Service" means meeting the legal needs of commanders, staffs, personnel, and family members. Judge advocates provide these clients legal advice based upon a thorough understanding of the situation, an analysis of lawful alternatives, and their individual professional judgment. They enhance C2, sustainrnent, and support operations by providing operational law advice and legal services in all core legal disciplines (military justice, international law, administrative law, civil law, claims, and legal assistance) during peacetime, war, and operations other than war.
"Legitimacy" means engendering public respect and support, promoting justice and ethical behavior. Judge advocates must be "competent, confident, caring, and courageous . . . grounded in values, and totally integrated into the arm^."^ They enhance the Army's legitimacy by integrating society's values into Army programs, operations, and decision-making processes.
To promote legitimacy, judge advocates must be well-grounded in Army and constitutional values. Frequently, there is tension between the military mission and civilian control that the judge advocate must resolve for the command. This tension existed in America before the Revolutionary war.. .
Prior to his assumption of command of the Continental Army, Washington had been deeply concerned with the administration of military justice. As early as 1756, when Washington was engaged in the French and Indian war, , he protested the enactment of the "act governing mutiny and desertion" which required a commander to obtain permission from the Governor of Virginia to hold a general court-martial and to obtain a warrant from Williamsburg, the colonial capital, before execution of
Legal Support to Operations

sentence. It was his opinion that if good discipline was to be maintained, justice had to be meted out expeditiously.'
…and continues to modern times.
The diflerences between the military and civilian communities result from the fact that it is the primary business of armies and navies to fight or be ready to fight wars should the occasion arise . . . . [T]he military constitutes a specialized community governed by a separate discipline from that of the civilian, and . . . the rights of men in the armed forces must perforce be conditioned to meet certain overriding demands of
discipline and duty . . .
Judge advocates are able to reconcile these tensions for the command because of their status and specialized training as soldiers and lawyers. They serve as soldiers in every operational contingency; therefore, they appreciate Army values -Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, and Personal Co~rage.~They are members United States Supreme Court

Parker v. Levys
of the legal profession; therefore, they appreciate American constitutional values, including civilian control.
Finally, to promote legitimacy, judge advocates must help the Army conduct operations in ways that will win public support.

The responsibility for the conduct and use of military forces is derived from the people and the government. The Army commits forces only after appropriate direction from the National Command Authorities (NCA). In the end, the people will pass judgment on the appropriateness of the conduct and use of military operations. Their values and
expectations must be met..
The Militarv General Practitioner
Judge advocates must not only display professional values and well- honed skills as a judge, advocate, and United States Army

Field Manual 100-5, Operationdo
counselor, but also have broad legal expertise. During the Spanish-American War, then Lieutenant Colonel Enoch Crowder served in the Philippines, where he worked on the arrangement for the Spanish surrender, headed the Board

of Claims, served on the Philippine Green assisted in drafting martial law Supreme Court, and drafted the documents and served as the executive Philippine Criminal Code." During to the Military Governor in Hawaii. World War II, then Colonel Thomas
"In a deployment, they've got to be ready to shift into 4-5 functional areas on any given day. They'll touch crim. law, operational law, fiscal law, foreign claims, personnel law, ethics … all in one day."
–LTC Michele M. Miller'2
Today, deploying judge advocates must be capable of providing comprehensive legal advice and services in all core legal disciplines (military justice, international law, administrative law, civil law, claims, and legal assistance) and, in addition, have general knowledge of legal sub-disciplines (e.g., contract law, fiscal law, environmental law, or intelligence activities law).
When practicing these core legal disciplines, a judge advocate must be an effective lawyer, which includes the roles of "judge" and "advocate," ethical advisor, and counselor. Recognizing the applicable function is of the utmost importance; the function must be appropriate to the task at hand.
1.2.5 The "Jud~e"Function
True to their title, judge advocates perform the function of "judge." They are routinely called upon for opinions or rulings on whether a law is applicable, a legal obligation exists, or a legal right must be respected.
This function is not limited to military judges and magistrates who participate in courts-martial and other proceedings under the Uniform Code of Military Justice. It applies also. to judge advocates rendering legal opinions, serving as legal advisors on official investigations, ruling on whether claims are cognizable, and reviewing the legality of procurement actions. As "judge," the judge advocate does not interpret the law on the basis of personal views or policy preferences, but rather on the basis of a careful reading of the authoritative rule and objective reasoning.
The judge function demands distinct skills: legal research and interpretation, reconciliation of facially contradictory precedents, and extensive knowledge of which legal authorities have precedence. It requires impartiality, diligence, independence, moral courage, and intimate knowledge of the facts. It requires prudence in refraining from activities that could cast doubt upon impartiality. It requires wisdom, care, sound judgment, and a judicious temperament.l3
Legal Support to Operations
1.2.6     The "Advocate" Function

Also true to their title, judge advocates perform the function of "advocate." They are commonly relied upon to make arguments about what a legal rule means or whether it applies, to present evidence, or to persuade.
Judge advocates frequently perform this function within a structured, adversarial proceeding, in which they prosecute or defend a particular client's interests. The client may be the command or an individual soldier. Advocacy skills may also be needed outside the courtroom: in liaison with environmental compliance agencies, non-governmental organizations or a host nation; or in formulating command policy, as a full understanding often requires the ability to see issues from different points of view.
Advocacy requires many important skills. These include careful study of substantive rules, applicable procedures, and decision-makers; conducting investigations; interviewing and examining witnesses; formulating theories; and composing arguments. Sometimes advocates use their persuasive skills to seek changes in the law. Ethical performance of the advocate function requires zealousness, but also candor and fairness.14
1.2.7     The "Ethical Adviser" Function
Judge advocates perform the additional function of advising commanders whether their actions are ethical. This includes appraising conduct in light of laws and regulations governing the conduct of government officials, but also includes consideration of other ethical precepts, including officer ethics and Army values.
1.2.8     The "Counselor" Function
Judge advocates also perform a "counselor" function in which they advise commanders whether proposed actions, while legal and ethical, are prudent.

Judge advocates functioning as counselors provide advice early in the decision-making process to enable the command to accomplish missions. They seek to be proactive and to confront problems before the problems confront the command.
When a judge advocate acts in any of these functions, they identify issues; formulate courses of action and evaluate their strengths, weaknesses, and legal consequences; anticipate potential legal attacks; consider ethical and prudential concerns; provide their personal recommendations to decision-makers; and frequently execute command decisions.
A variety of skills are required to perfom these functions. As a military staff officer, the judge advocate must plan, train, and coordinate, all with an understanding of the Army, its history, and operational art. Judge advocates must work constantly and tirelessly to acquire an intuitive and reasoned grasp of the command's interests and objectives. As a lawyer, the judge advocate must research, analyze,
negotiate, and mediate. By combining     1.3 IN A CHALLENGINGNEW
legal and military knowledge and skills, ENVIRONMENT
the judge advocate enhances decision-
making processes and contributes to Judge advocates must perform their
effective, ethical, and lawful mission     traditional roles in a challenging, new
accomplishment.     environment, described by Joint Vision 201 0 in this way:
Accelerating rates of change will make the future environment more unpredictable and less stable, presenting our Armed Forces with a wide range of plausible futures. Whatever direction global change ultimately takes, it will afSect how we think about and conduct joint and multinational operations in the 21'' century. How we respond to dynamic changes concerning potential adversaries, technological advances and their implications, and the emerging importance for information superiority will dramatically impact how well
our Aimed Forces can perform its duties in 2010."
The new environment will consist of Missions will increase not only in more missions, complex command and number, but also in diversity. The control relationships, international National Security Strategy requires operations, fluid operations, and military forces "to effectively deter technological advancements. aggression, conduct a wide range of
peacetime activities and smaller-scale
1.3.1     More Missions contingencies, and . . . win two overlapping major theater wars."lg
Missions are increasing in number Supporting national military objectives and type. "The US military will be include promoting peace and stability, called upon to respond to crises across and defeating adver~aries.~~ To the full range of military operations, accomplish these objectives, the Army from humanitarian assistance to fighting envisions a full spectrum of missions, and winning major theater wars . . ."I6 including defending or liberating Between 1990 and 1996, the Army territory, intrusions in support of "deployed 25 times -an increase in counterdrug and counterterrorism missions by a factor of 16."" During the operations, peacemaking, peacekeeping, same period, the Army has become national and theater missile defense, smaller. Between 1989 and 1999, the multilateral military exercises, military-Active Army reduced from 781,000 to to-military exchanges, and humanitarian 468,000, and the Total Army from relief.21 1,960,000 to 1 ,068,000.18
Legal Support to Operations
1.3.2     Command and Control Relationships (.Joint, Multinational, and Interapencvl
Command and Control relationships will become increasingly complex. Operations will be joint and multinational, requiring improved interoperability among the services and with allied and coalition partners.22 Additionally, U.S. forces must "enhance their ability to operate in consonance with other U.S. government agencies, and with Non-governmental Organizations (NGOs), International Organizations (IOs), and Private Voluntary Organizations (PVOs) in a variety of settings."23 These relationships will require much of future leaders.
Our future leaders at all levels of command must understand the interrelationships among military power, diplomacy, and economic pressure, as well as the role of various government agencies and non-governmental actors, in achieving our security objectives. They will require a sophisticated understanding of historical context and communication skills to succeed in the future. The evolution of command structures, increased pace and scope of operations, and the continuing refinement of force structure and organizations will require leaders with a knowledge of the capabilities of all four services.24
1.3.3     International O~erations

U.S. Armed Forces will continue to be involved in international operations for several reasons. First, threats to United States security interests are international; they include regional conflict, proliferation of weapons of mass destruction, terrorism, ethnic disputes, and international organized crime.25 Second, responding to these threats will require international cooperation. "We are continuing to adapt and strengthen our alliances and coalitions to meet the challenges of an evolving security en~ironment."~~
'This. will require military forces to act in cooperation with other nations' forces. Third, responding to these threats will require the full spectrum of military operations to shape the international environment, respond to international crises, and to deter and resolve international conflicts."
1.3.4 .     Fluid Operations
Military forces will be required to be flexible, versatile, and responsive in changing missions and locations, and to do this as it restructures. "[Olur military must also be able to transition to fighting major theater wars from a posture of global engagement –from substantial levels of peacetime engagement overseas as well as multiple concurrent smaller-scale contingen~ies."~~"AU organizations must become more responsive to contingencies, with less 'startup' time between deployment and employment. Because we rely on the total force to provide the full range of military capabilities, we also require responsive reserve components that can rapidly integrate into joint organization^."^^ The Army's "ability to project power is greater today than at any time in our Nation's history. . . . Today, we can deploy a heavy armored brigade in 96 hours. .. . our ability .. .will be further enhanced, thus making our forces even more versatile . .

This era will be one of accelerating technological change. Critical advances will have enonnous impact on all military forces. Successful adaptation of new and improved technologies may provide great increases in specific capabilities. Conversely, failure to understand and adapt could lead today's militaries into premature obsolescence and greatly increase the risks that such
forces will be incapable of eflective operations against forces with high te~hnology.~' 1
1.3.5 Technological Advancements
For judge advocates, the most significant technological advancement will occur in information systems. This will change operations in three important ways; it will accelerate the tempo of operations, allow fusion of information in distinct staffing cells, and empower decision-making at lower echelons than in the past.32
1.4     CHALLENGES FOR JUDGE ADVOCATES IN THE 21ST CENTURY
While judge advocates will continue to perform their traditional roles, the new environment will greatly affect how they pursue their three fundamental objectives -mission, service, and legitimacy.
1.4.1 Mission
Pursuing the mission in the 21st Century will challenge judge advocates in three distinct ways. First, judge advocates must become increasingly refined as soldiers and lawyers. Judge advocates must understand how the Army will accomplish its various missions, and how to identify and resolve legal issues arising during these missions. They must understand the command and control relationships involved in each operation, and provide advice concerning the authority and responsibility of relevant agencies. They must be thoroughly grounded in all core legal disciplines to be effective in a fluid operational environment. They must be increasingly knowledgeable in international law as the Army cooperates with other nations' forces to secure United States interests world-wide.
Second, judge advocates must become more involved in the military decision-making process in critical planning cells, and at lower levels of command. As information technology increases the speed of decision-making and allows fusion of information in distinct cells, it becomes critical for judge advocates to be located where the relevant picture of the battlefield is received, evaluated, resolved, and affected. Otherwise, legal advice will not be timely or effective. To be proactive, the judge advocate must be present. As information technology empowers decision-makers at lower
Legal Support to Operations

levels of command, judge advocates must be present there.
Third, judge advocates must be capable of expanding the level of legal support to meet the mission demands of a force projection army. Projection creates surges in demand for legal services: deploying forces require legal support; the power projection platform requires temporarily increased legal support during mobilization, and augmented legal support in the event of deployment of tenant units and their organic judge advocates; the home station continues to require legal support. Judge advocates, in both the active and reserve components, must plan for the legal resources to meet these demands, and must be prepared to provide services with the deploying unit, the power projection platform, or home station.
1.4.2 Service
Providing effective service to commanders, staffs, personnel, and family members in the new environment will challenge judge advocates in four ways. First, judge advocates must maintain connectivity with operational and tactical networks and legal information sources in a fluid and technologically advanced environment. Of paramount importance will be the ability of the Rucksack Deployable Law Office and Library (RDL) to interface with Maneuver Control System -Phoenix (MCS-P), Global Combat Support System -Army (GCSS-A), Combat Service Support Control System (CSSCS), and Legal Automated Army-Wide System (LAAWS). As future systems develop, judge advocate connectivity must continue.
Second, judge advocates must provide technical supervision (supervision of legal operations by a Staff Judge Advocate) and technical support (direct legal expertise from JAGC organizations) to deployed judge advocates in every contingency. The variety of legal issues arising from diverse missions is a tremendous legal challenge to a deployed judge advocate. This can be especially challenging in joint and multinational operations. In joint operations, service specific regulations and policies apply. In multinational operations, troop contributing nations must still comply with their national laws. Legal supervision and support must be effective to ensure quality legal service to commanders and staffs. RDL connectivity will be critical to providing this support.
Third, judge advocates must be mobile. They must move, not only with the supported unit, but also independently to investigate claims and potential war crimes, to be at the commander's side at key meetings, and to perform other legal missions. A judge advocate's ability to collect evidence first-hand is frequently the reference point from which a claim is adjudicated fairly, and the truth about a potential war crime is learned. Responsive service in a fluid operational environment requires dedication of transportation in support of the judge advocate.
Fourth,' judge advocates must provide professional legal services to personnel and families, most importantly during deployments and split-based operations. Expanding the level of legal support during demanding times will be the most significant challenge. Also important, however, will be allocating adequate legal resources: the trained personnel and facilities required to provide the professional atmosphere expected by clients.33 This contributes substantially to good quality of life, which in turn, retains quality people.
1.4.3 Legitimacy
The future environment will challenge judge advocates in several ways. First, judge advocates must be well-grounded in constitutional and international law and values. Their understanding of, and ability to reconcile, those laws and values will be instrumental in promoting effective coalitions and international public respect for U.S. Army operations. Second, as the U.S. seeks to promote democracy abroad,34 the international community will expect U.S. Army operations to be consistent with democratic values. Therefore, the judge advocate's traditional role of assisting commanders to integrate democratic values into Army operations must continue. Finally, as the U.S. military "serves as a role model for militaries in emerging democracies around the
judge advocates must personally serve as teachers, trainers, and mentors for their counterparts.
1.5 SUMMARY
The judge advocate in the 21St Century must adapt the traditional role to a more demanding, complex, fluid, international, and technological environment. The judge advocate must continue to be a master of all core legal disciplines, and must be effective in the roles of judge, advocate, ethical advisor, and counselor. The judge advocate will succeed in the new environment by becoming increasingly knowledgeable as soldiers and lawyers, maintaining constant awareness of the operational situation and communication with technical supervision and support, and integrating constitutional and international democratic values into. military operations.
Legal Support to Operations
The Assistant Judge Advocate General (TAJAG) supervises the organization, administration, and functioning of OTJAG; the Field Operating Agencies of OTJAG; the procurement and professional training of members of the Judge Advocate Legal Service; the proficiency of reserve component judge advocates; and the operations of the judge advocate Guard and Reserve Affairs Department, Regulatory Law and Intellectual Property Division, Legal Technology Resources Office, and Standards of Conduct Offi~e.~'
The Assistant Judge Advocate General for Civil Law and Litigation (AJAG/CLL) supervises or oversees Contract Law Division, Litigation Division, Procurement Fraud Division, Contract Appeals Division, Environmental Law Division, Defense Appellate Division, and Trial Defense Servi~e.~~
The Assistant Judge Advocate General for Military Law and Operations (AJAG/MLO) supervises or oversees Criminal Law Division, Administrative Law Division, International and Operational Law Division and the Center for Law and Military Operations (CLAMO), Legal Assistance and Policy Division, Labor and Employment Law Division, and Government Appellate Di~ision.~~
The Army National Guard Special Assistant to TJAG is the principal advisor to TJAG concerning all niatters affecting judge advocates in the Army National Guard.
The Assistant Judge Advocate General for Operations is an Individual Mobilization Augmentee, and the principal advisor to TJAG concerning all matters affecting judge advocates in the
U.S. Army Reserve.
2.1.2     Field O~eratin~ A~encies
Certain enduring and specialized legal missions demand significant synergy or independence from the SJA sections that support various echelons of command. The Judge Advocate General's Field Operating Agencies (FOAs) are organizations designed to meet this institutional need.
2.1.3     The U.S. Armv Legal Services A~encv
The primary mission of USALSA is to deliver legal services to the Department of the Army in coordination with OTJAG; support and deliver legal services to field activities; and consolidate delivery of legal services by military judges and defense counsel to guarantee their independence. The organization is depicted in Figure 2-2.
Legal Support to Operations
Members of the JAGC in the Army National Guard serve in a unique status. Each is a full member of the JAGC and also a member of the particular state guard unit. Army National Guard judge advocates support their units' federal mission to maintain properly trained and equipped units that are available for prompt mobilization, and state mission to provide trained and disciplined forces for domestic emergencies or as otherwise required by the state.
The Army National Guard judge advocate's dual status can be useful. For example, an Army National Guard judge advocate in state status could be permitted to provide assistance to civilian authorities when a judge advocate in federal status might be precluded from providing assistance due to the restrictions of the Posse Comitatus Act.
Military judges in the Army National Guard are trained and certified by TJAG similarly to the military judges in the Army and Army Reserve. While in state status, an Army National Guard military judge may, when authorized by applicable state law, preside over courts- martial convened under state law. Upon mobilization and federalization of an Army National Guard military judge, the Chief Trial Judge will review the Army National Guard military judge's training, background, experience, and qualities (demonstrated mature judgment and high moral character) to determine the officer's suitability to serve as a member of the Army Trial Judiciary. Army National Guard officers who qualify for such service may be assigned, as needed, to the Army Trial Judiciary.
2.1.6     U.S. Armv ' Reserve Le~al Or~anizations
Legal support in the U.S. Army Reserve consists of support embedded in
U.S. Army Reserve units, such as in the judge advocate sections of Garrison Support Units (GSUs) designed to provide legal services to power projection platforms, and in Judge Advocate General Service Organizations (JA GSOs).
JAGSOs are legal units that provide legal services to troops not otherwise provided organic legal support. Additionally, JAGSOs provide CONUS sustaining base support for mobilization, mobilization sustainment, and demobilization operations. JAGSOs consist of judge advocates, warrant officers, and enlisted legal personnel.
JAGSOs consist of modular teams that provide legal services in all core legal disciplines. JAGS0 teams are an integral part of the Total Force and must maintain high standards of professional proficiency and military readiness. TJAG is responsible for the technical supervision, training, and assignment of JAGS0 personnel. Training associations between active component and reserve component legal elements ensure quality training and seamless integration during mobilization.
Each type of JAGS0 has specific capabilities. The Legal Support Organization (LSO), which is commanded by a judge advocate, provides operational control and technical supervision for as many as four Legal Services Teams &ST). An LSO will be assigned primary duties as a
Legal Support to Operations
(MAJ), and a legal NCO (SSG). The Trial Defense Team (TDT) performs duties as defense counsel in proceedings before administrative boards, under Article 15, UCMJ, and in courts-martial. It is capable of providing defense services on the basis of one team per 12,000 soldiers. A TDT, which currently exists separately from the RTDT, consists of a senior defense counsel (MAJ), three defense counsel (CPT), and one legal NCO (SSG). To maintain their independence, when not mobilized, regional and trial defense teams assigned to defense legal support organizations operate under the technical supervision of the Chief, U.S. Army Trial Defense Service. Upon mobilization, defense teams organic to LSOsMSOs will be under operational control of the U.S. Army Trial Defense Service.

The Senior Military Judge Team performs judicial duties and supervises Military Judge Teams. Its members preside at general and special courts- martial, perform duties as military magistrates, and serve in various other judicial capacities. The team consists of a senior military judge (COL) and a legal NCO (SSG), and is capable of providing judicial services on the basis of one team per 15,000 soldiers. The Military Judge Teams, which currently exist separately, consist of a military judge (LTC) and a legal NCO (SGT). Upon mobilization and IAW 10 U.S.C. 826(c), military judge teams organic to LSOs/MSOs will be reassigned to the
U.S. Army Trial Judiciary, will come under the supervision and control of the USALSA, and will be employed as directed by the Chief Trial Judge and attached, as required.
The Army assigns JAGS0 teams to theater armies, theater army area commands, corps, corps support commands, and other organizations as required. To prepare and train for operational missions, it is important for active component SJAs to establish close relationships with supporting JAGSOs. The gaining organization SJA, therefore, is responsible for planning for the employment of JAGS0 team personnel. Except for regional and trial defense teams and senior and military judge teams, JAGS0 teams fall under the technical supervision and administrative control of the SJA of the organization to which a JAGS0 team is assigned. The JAGS0 teams may augment the SJA section or may work as a remote detachment. The active component SJA is responsible for tasking the JAGS0 to perform operational missions.
Upon mobilization, JAGS0 teams depend on the unit to which they are assigned for all logistical and administrative support. Personnel services, finance, communications, transportation, maintenance, automation equipment, and supply are all areas of support needed by the JAGSOs to enable them to deliver the operational law services for which they are designed.
While not on active duty, JAGS0 team duties depend on the units to which they are assigned (regional support command or regional support group) for all support and administrative functions. Typical areas of heavy support include maintenance, unit reporting requirements, common soldier skill training, and transportation.

Each LSO and LST is designated to provide legal services in support of either mobilization or other military operations. When supporting mobilization, the LSO or LST provides legal services to United States Army Reserve, National Guard, federal, and state agencies affiliated with mobilization. It assists Continental United States Army (CONUSA) SJAs in premobilization planning and in coordinating use of legal assets within the CONUSAs. It coordinates with regional support commands (RSC) or regional support groups (RSG) to provide required legal services, such as Soldier Readiness Processing, to expanded troop populations. It coordinates with RSC, RSG, STARCs, and installations to provide responsive legal services to family members and other authorized personnel. It assists in the re-acquisition of federal property for installation expansion, helps develop or revise Department of Army civilian work rules as required, and provides advice and assistance on acquisition matters while monitoring streamlined acquisition procedures for possible fraud or abuse.
Upon mobilization, one LSO and at least one TDT will be assigned to FORSCOM subordinate commands (most likely the CONUSAs) in each of the ten standardized federal regions to perform mobilization support and CONUS srrsiaimnent base missions. Twenty LSTs will be assigned to these missions and will be assigned as needed under the supervision of the ten mobilization support LSOs.
2.1.7 Staff Judpe Advocate Offices
The Ofice of the Staff Judge Advocate (OSJA) is organic to units commanded by a general court-martial convening authority. An organization with a General Officer in command may also be assigned an OSJA, even if there is no general court-martial convening authority. OSJA provides all legal services to the organization except those which must be provided independently. The OSJA normally is composed of a Staff Judge Advocate (SJA), a Deputy Staff Judge Advocate (DSJA), Division Chiefs, judge advocates, a Legal Administrator, a Chief Legal Noncommissioned Officer (CLNCO), legal specialists, and federal civilian legal support staff.
The Staff Judge Advocate (SJA), the senior judge advocate, is a member of the commander's personal sW and, as such, communicates directly with the commander to provide legal advice for all matters affecting morale, good order, and discipline of the command. Additionally, the SJA is a member of the commander's special staff.41 As such, the SJA serves under the supervision of the Chief of Staff, provides legal services to the staff, and coordinates with other staff members to provide responsive legal services throughout the organization.

The SJA, as a field representative of TJAG, provides technical supervision over all JAGC personnel and legal services in the command, including planning and resourcing legal support, conducting and evaluating training, and assignment and professional development of JAGC personnel
in a tactical operations center (TOC) or other headquarters structure. They must also perform traditional NCO functions-training and taking care of troops. In addition to legal, staff, and office skills, 71 D personnel must train to proficiency in soldier common tasks. They must be able to survive on the battlefield, and be able to help other soldiers survive.
Finally, legal specialists maintain a deployment legal office package (forms, supplies, equipment, references, etc.) ready to deploy in support of the legal office and the command. When required, the legal specialist provides administrative support during Soldier Readiness Processing (SRPs), and Emergency Deployment Readiness Exercises (EDREs), and to any other mobilization preparation process.
Civilian Legal Support StafS may include paralegals, court reporters, legal clerks, legal secretaries, and other supporting staff who provide paralegal and administrative support under the supervision of the SJA, Division Chiefs, judge advocates, and civilian attorneys.
2.1.8 Command Jud~e Advocates
A Command Judge Advocate (CJA) is the senior judge advocate in a legal office serving a commander who is not a general court-martial convening authority, anci who is not otherwise authorized an SJA. The CJA is the commander's personal legal advisor for all matters that affect the morale, good order, and discipline of the command and is a member of the commander's special staff. The CJA's relationship to the commander, subordinate commanders, and staff is similar to that of an SJA. The Regimental Judge Advocate of the Ranger Regiment is an example of a CJA.
The CJA supervises the legal specialists. With their assistance, the CJA provides legal support in required legal disciplines to the commander and the staff. Normally, the host installation OSJA will provide legal support in the disciplines of legal assistance, military justice, and claims. Nevertheless, a CJA may provide such services in accordance with the policies of the commander and the SJA of the host installation or the next higher command, and consistent with professional responsibility requirements.
Law Center Officers in Charge (OICs)
An OIC of a Law Center is a judge advocate responsible for supervising the provision of all legal services in a designated military community. The Law Center is a branch ofice of a senior headquarters SJA office. Law Centers are particularly common in Europe. Unlike CJAs, OICs typically are responsible to provide legal support in all core legal disciplines and to supervise legal services provided by law center personnel. The OIC typically advises the installation and tactical commanders in that community.
2.2     JOINT LEGAL ORGANIZATIONS44
Legal organizations are embedded in each joint organization, including the Office of the Chairman, Joint Chiefs of Staff, each unified, specified, and
Legal Support to Operations
subordinate unified command; and each joint task force. A&~ legal organizations support army organizations designated as a component command, or otherwise a part of a joint organization.
2.2.1     The Office of the Legal Counsel to the Chairman, Joint Chiefs of Staff
The Office of the Legal Counsel advises the Office of the Chairman of the Joint Chiefs of Staff concerning the legal basis for conducting operations, rules of engagement, and other international and domestic law affecting operations.
2.2.2     Unified, S~ecified, and Subordinate Unified Command Staff .ludee Advocates

SJA offices in these commands provide legal support to the command. Their specific organization and functions vary according to the mission of the Unified, Specified, or Subordinate Unified Command. Nevertheless, these offices are composed of an SJA or Legal Advisor, judge advocates with required specialities from various services, legal specialists, and civilian employees. These offices provide legal advice in international and operational law, law of the sea, air and space law, military justice, administrative law, civil law, claims, legal assistance, and any other required areas of law.
2.2.3     Joint Task Force Staff Judee Advocate
When a Combatant Commander forms a Joint Task Force (JTF), the combatant command SJA designs and staffs the JTF SJA office based on the JTF mission and organization. The JTF SJA provides the legal services required by the JTF, supervises legal services in organizations subordinate to the JTF, and coordinates additional legal support through the combatant command SJA. The JTF SJA will receive technical supervision from the combatant command SJA and will exercise technical supervision over legal personnel in organizations under JTF operational control.
2.3     MULTINATIONAL FORCE LEGAL ORGANIZATIONS
Legal organizations may be embedded in multinational headquarters to provide legal advice and support to multinational military operation^.^^ These multinational headquarters may derive their authority from the United Nations, a regional alliance, a bilateral or multilateral international agreement, an ad hoc coalition agreement, or a combination thereof.46 Regardless of the applicable international legal authority,
U.S. Forces and personnel remain subject to the U.S. National Command Authorities (NCA) and domestic law.
Legal organizations in multinational headquarters provide advice concerning command authority, the legal basis for operations, rules of engagement and the use of force, the status of multinational forces, and other issues. Legal advisors in multinational headquarters must find legal solutions that satisfy the legal standards of the international community and each troop contributing nation, or must forward issues to

superior national and international authorities for resolution.
2.4     PROVIDING ARMY LEGAL SUPPORT FOR OPERATIONS
All the legal organizations described above provide legal support to operations in the deployment theater and at home station throughout all stages of the mobilization and operation. Organic legal organizations provide support to unit C2, sustainment, and support operations. JAGSOs and other reserve component judge advocates, such as the judge advocate sections GSUs, augment organic legal support in required core legal disciplines. SJAs of superior commands provide technical legal supervision and support to subordinate units. OTJAG, the Field Operating Agencies (USALSA & TJAGSA), and CLAM0 provide additional required technical legal support.
The challenge for the SJA is to provide legal support to operations that meets the organization's mission-specific requirements. The SJA meets this challenge by detailing operational lawyers (judge advocates) to each key operational cell (e.g., G-3 Plans, G-3 Operations, Information Operations, targeting cells, tactical command posts, civil military operation centers, and Brigade main CPs), providing all core legal disciplines at each division or corps command post and home station, and coordinating technical legal supervision, technical legal support, and augmentation requirements.
2.4.1     Overview of Operational Law Support

Operational Law (OPLAW) is that body of domestic, foreign, and international law that directly affects the conduct of operations. OPLAW tasks support the command and control and sustainment of military operations, including the military decision-making process and the conduct of operations. OPLAW supports the commander's military decision-making process by performing mission analysis, preparing legal estimates, designing the operational legal support architecture, wargaming, writing legal annexes, assisting in the development of Rules of Engagement (ROE), and reviewing plans and orders. OPLAW supports the conduct of operations by maintaining situational awareness; advising and assisting with targeting, ROE implementation, and information operations. Judge advocates performing OPLAW also provide or facilitate support in the core legal disciplines. Therefore judge advocates performing OPLAW must be well-versed in all core legal disciplines, skilled in managing legal operations, and effective in
,

relations with military commanders and staffs. The general OPLAW support concept is depicted in Figure 2-3, below.
Legal Support to Operations
Legal Support to Operations
The diagram also depicts communication and automation linkages from the company area to the CONUS sustaining base. Each Judge advocate must be linked to the Army Battle Command System (ABCS), particularly to Maneuver Control System -Phoenix (MCS-P), to Global Combat Support System -Army (GCSS-A), and to legal information networks through the kgai Automation Army-Wide System (LAAWS). Only then will judge advocates know the situation and have the complete and current legal information required to provide the proactive, timely, and accurate legal advice that will empower and sustain the force.
Not depicted in the diagram, but vital to effective legal support, are the equipment and transportation requirements. Legal organizations must be as capable as the units they support. The OSJA element in a corps, division, or brigade Command Post must have the workspace, communications and automation capabilities, and transportation assets to function in coordination with the staff. Other critical equipment requirements include radios linked with tactical nets, global positioning devices, and the RDL. (The RDL and its components are discussed in Chapter 4.) In addition, many legal functions require mobility: the SJA must travel to supervise legal services (as must the DSJA when managing legal services at another command post); foreign claims and war crimes investigation teams must travel to investigate claims and potential war crimes; judge advocates must attend Joint Military Commission meetings and meetings with international organizations, nongovernmental organizations, and private volunteer organizations; trial and trial defense counsel must travel to counsel commanders or clients and investigate cases.
2.4.2     tailor in^ Operational Law Su~port
The SJA begins tailoring legal support to an operation by analyzing METT-TC (mission, enemy, troops, terrain and weather, time available, and civilian considerations) to determine the potential legal issues, the extent of support required within each core legal discipline, and the legal resources available. Substantial and helpful information is available to assist the SJA in this analysis in the Operational Law Handbook, which is published annually by the International and Operational Law Department at TJAGSA, and in lessons learned on file with CLAMO.
Next, the SJA must design the legal support architecture for the operation. There are two requirements: first, judge advocates, and any required legal specialists, must deploy with each key operational cell; second, the SJA must provide support in all core legal disciplines to both the deployed force and home station, even if support in some disciplines is not deployed. These requirements place significant demands upon the legal organization. SJAs must consider the need for augmentation and address concerns through legal technical channels.
To meet these two requirements, there are two complementary strategies. First, the SJA may deploy a legal organization equipped to provide support in all legal disciplines. This structure may contain a proportionate slice from each division. (Significant efficiencies are obtainable by deploying personnel skilled in multiple legal disciplines. Therefore, SJAs must ensure that judge advocates and legal specialists are trained in multiple disciplines.) Second, the SJA may deploy legal support in a particular legal discipline, while providing other legal support from the home station or other location. (For example, if a commander deploys an organization to perform a mission of brief duration and likely to involve claims issues, the SJA may deploy all or part of the claims division.) These approaches are not mutually exclusive; they may be blended to meet mission requirements.

Finally, the SJA must coordinate technical legal supervision and support. Judge advocates receive technical legal supervision (i.e., guidance, direction, and assistance in the discharge of their duties) from TJAG and SJAs of superior commands.48 Judge advocates may receive technical legal support (i-e., legal information or expertise) from any Army legal organization. Technical legal supervision and support normally follow the chain of command. In joint operations, or when Army units are operationally controlled by other Army organizations, technical supervision follows operational control; superior parent and supported headquarters should both provide required technical support. Nevertheless, technical supervision and support arrangements must be coordinated for each specific core legal discipline. For example, military justice supervision and support could either lie with the parent
command or the joint headquarters. In allied or coalition legal organizations, technical legal supervision will be dual (national and international). SJAs supporting allied or coalition organizations must coordinate thoroughly to define the parameters of technical legal supervision, as well as to resolve the myriad legal concerns arising during operations.
2.5 SUMMARY
TJAG heads and directs all legal services in the Army, and provides legal support for operations at all levels of command. Embedded legal organizations (OSJAs or CJAs) in the active and reserve components and in joint organizations provide operational law and core legal discipline support to their parent organizations. Special legal units (JAGSOs) augment legal support as required by the mission. Judicial and trial defense services are provided by independent legal organizations in order to preserve the integrity of the military justice system. Joint and multinational legal organizations provide operational law support and supervise legal operations of subordinate units within the parameters of international and domestic law.
SJAs tailor, or task organize, legal support for each specific operation, by detailing judge advocates and any required legal specialists, to all key operational cells, providing support in all core legal disciplines to the deploying force and home station, and ensuring effective technical legal supervision and support. The result is responsive, proactive, flexible, and expandable legal support in every operational contingency.
Legal Support to Operations

Chapter 3 OPLAW and Core Legal Disciplines Supporting Army Operations
3.1 INTRODUCTION
The last chapter described legal organizations supporting operations, and how SJAs tailor, or task organize, to provide legal support to operations. This chapter describes OPLAW and the core legal disciplines (military justice, international law, administrative law, civil law, claims, and legal assistance) that Army legal organizations provide. Subsequent chapters will provide information about legal support to specific types of military operations.
As discussed in the previous chapter, legal support to each operation must consider the organization's mission-specific requirements, and include legal support in OPLAW and each core legal discipline. OPLAW and the core legal disciplines contribute directly to the command and control (C2), sustainment, and personnel service support required by the organization. Different aspects of a core legal discipline may support C2, sustainment, or personnel service support. For example, foreign claims are a sustainment function, while personnel claims are personnel service support. It is important that SJAs tailor legal support (OPLAW and core legal disciplines) to the organization' s mission-specific requirements. Therefore, this chapter will describe OPLAW and the core legal disciplines, what tasks are performed, where they are performed, and how they support each phase of an operation from premobilization through demobilization.
CONTENTS PAGE
INTRODUCTION…………………………
OPLAW……………………………………..
MILITARY JUSTICE …………………….
INTERNATIONAL LAW ………………..
ADMINISTRATIVE LAW ……………….
CIVIL LAW ………………………………
CLAIMS……………………………………..
LEGAL ASSISTANCE ………………….
SUMMARY…………………………………

3.2 OPLAW
OPLAW is that body of domestic, foreign, and international law that directly affects the conduct of operations.
OPLAW supports the command and control of military operations, to include the military decision-making process and the conduct of operations. OPLAW supports the military decision-making process by performing mission analysis, preparing legal estimates, designing the operational legal support architecture, wargaming, writing legal annexes, assisting in the development and training of Rules of Engagement (ROE), and reviewing plans and orders. OPLAW supports the conduct of operations by maintaining situational awareness, and advising and assisting with targeting, ROE implementation, and information operations. OPLAW also involves the provision of core legal disciplines that sustain the force.

SJAs normally provide OPLAW support at each Brigade Headquarters (Main CP), and at each key operational cell at every higher level of command (TAC CP, Main CP, Rear CP, G-3 Plans, G-3 Operations, Information Operations, and Targeting Cell). OPLAW support is also provided at each joint and multinational headquarters. Some missions will also require BPLAW support at battalion level, or in specialized units or operational cells. This is increasingly the case in peace operations and disaster relief.
As OPLAW directly affects the conduct of military operations, its tasks must generally be performed throughout all phases of any operation, from before mobilization through demobilization. Nevertheless, the OPLAW Judge Advocate's (OPLAW JAYs) focus will change during these phases. The focus during premobilization, mobilization, and predeployment will be on OPLAW military decision-making functions. The focus shifts toward tasks related to the conduct of operations from deployment through demobilization. During all phases, however, the OPLAW JA must provide or facilitate support in core legal disciplines required to sustain the organization.
Before mobilization, OPLAW JAs and legal specialists should conduct contingency planning, deployment preparation, and training. OPLAW JAs must proactively develop staff skills and relationships at all times, not merely before deployment. Deployment preparation, a cooperative effort between the OPLAW JAY the CLNCO, the Legal Administrator, and other key personnel, should include developing SOPS, identifying deploying personnel, marshaling resources, and establishing liaisons. Training before mobilization should develop legal personnel in their soldiering and legal skills, provide mission-related legal information to unit personnel, integrate legal personnel into unit training events, and establish relationships with reserve component legal personnel who will support legal operations upon mobilization.
During mobilization and predeployment, OPLAW JAs, with the assistance of legal specialists, should receive and integrate mobilized legal personnel who are supporting deploying and non-deploying units; conduct
Legal Support to Operations
mission briefings for deploying personnel regarding ROE, general orders, code of conduct, law of war, and other appropriate legal topics; conduct final mission planning; and coordinate legal support for individual deployment readiness.
During deployment and entry, OPLAW tasks related to the conduct of operations become more critical. OPLAW JAs must maintain situational awareness to provide effective advice about targeting, ROE, and legal aspects of current operations (including information operations). For this reason, judge advocates should deploy with their RDLs, vehicles, radios, and global positioning devices in a sequence that ensures their presence in key operational cells at all times. Deploying legal specialists help the OPLAW JA maintain situational awareness during the operation by attending briefings, monitoring email traffic, tracking the battle, and providing other required assistance. Upon entry, OPLAW JAs must organize and coordinate the delivery of legal services in all core legal disciplines in accordance with the legal annex to the OPLAN or OPORD. Finally, even during fast-paced operations, OPLAW JAs must continue to perform OPLAW military decision- making process functions in support of the staff's operational planning.
During redeployment and demobilization, OPLAW JAs and legal specialists must perform several recovery tasks: assist the redeployment of legal personnel and equipment, participate in the command's after-action reviews and lessons learned processes, and catalogue and retain legal files and journals. SJAs should forward after action reports and all pertinent legal documents, memoranda, email, et cetera, to the CLAMO, and integrate them into future contingency planning, deployment preparations, and training.
3.3 MILITARY JUSTICE
Military justice is the administration of the Uniform Code of Military Justice (UCMJ), and the disposition of alleged violations by judicial (courts-martial) or nonjudicial (Article 15,UCMJ) means. The purpose of military justice, as a part of military law, is '"to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United
state^."^^
TJAG is "responsible for the overall supervision and administration of military justice within the Army."5o The commander is responsible for the administration of military justice in the unit, and must communicate directly with the SJA about military justice matters.51
There are three components of military justice, each with its distinct functions. First, the SJA is responsible for military justice advice and services to the command. The SJA advises commanders concerning the administration of justice, the disposition of alleged offenses, appeals of nonjudicial punishment, and action on court-martial findings and sentences." The SJA supervises the administration and prosecution of courts-martial, preparation of records of mal, the victim-witness assistance program, and military justice training.53
Second, the Chief, United States hy Trial Defense Service "exercises supervision, control, and direction of defense counsel services in the Army."54 Judge advocates assigned to the Trial Defense Service advise soldiers and represent soldiers before courts-martial. These judge advocates also represent soldiers in adverse administrative hearings.

Third, the Chief Trial Judge, United States Army Trial Judiciary provides military judges for general and special courts-martial, supervises military judges, promulgates rules of court, and supervises the military magistrate program.55 Military Judges assigned to the Trial Judiciary preside over courts- martial, exercise judicial independence in the conduct of courts-martial, conduct training sessions for trial and defense counsel, and perform or supervise military magistrate functions.56 Military magistrate functions include the review of pretrial confinement and confinement pending the outcome of foreign criminal charges; and the issuance of search, seizure, or apprehension authorization~.~'
Military justice services are semi-centralized to facilitate timely, e*cien? delivery. Noranally, courts-martial are processed at theater, corps, division, or other headquarters commanded by a general court-martial convening authority. Joint Force Commanders, and Army Brigade and Battalion' Commanders also have court-martial convening authority, and may require support to conduct courts-martial. Trials may be held at the main or rear command post. The convening authority may designate where the court- martial will meet IAW Rules for Courts- Martial (RCM) 504(d) and RCM 906(b)(ll) and consistent with rulings of the military judge. SJAs provide military justice advice to general court- martial convening authorities, including Joint Force Commanders with general court-martial authority. Other judge advocates provide military justice advice to subordinate commanders. Legal specialists in battalion, squadron, and higher headquarters prepare and manage military justice actions, and provide other technical legal and administrative support for military justice. As the situation requires, LSTs specializing in criminal law may assist theater, corps, or division military justice operations. In multinational organizations, each troop contributing nation is responsible for the discipline of its military personnel. Thus, the U.S. element of the multinational organization will require military justice support.
Trial defense and judiciary services are provided on an area basis under the independent supervision and control of the U.S. Army Trial Defense Service and
U.S. Army Trial Judiciary, respectively. Trial Defense Counsel will normally be located with SJA sections at theater, corps, and division, from where they travel throughout the operational area to provide advice and services as far forward as required. Military Judges are normally collocated with SJA sections at theater, corps, and division, depending upon judicial workloads. As the situation requires, LSTs specializing in trial defense or judiciary services assist
wherever needed in the theater. The Chief, U.S. Army Trial Defense Service, and Chief Trial Judge, U.S. Army Trial Judiciary, supervise Defense Teams and Military Judge Teams, respectively.
Military justice support must transition through the phases of military operations smoothly, providing continuity in jurisdiction and responsive support to the deployment theater and home station. Critical to success are prior planning, mission training, and staff augmentation.

Before mobilization, the primary focus is planning. The SJA's planning for military justice operations should include the preparation of key personnel for deployment, the identification and marshaling of resources and personnel to support split-based operations, the identification and alignment of court-martial convening authorities, the guidance for disposing of pending cases upon deployment, the selection of court- martial panels in the deployment theater, the content of a general order for the operation, the strategy for supporting military justice in the deployment theater and at the home station, and the coordination of support for trial defense and judiciary services.58 The supporting Regional Defense Counsel (RDC) must develop an operation support strategy, prepare personnel for deployment, and marshal resources. Of particular importance are the RDC's plans for mobility in theater and technical supervision of deployed Defense Counsel. The supporting Chief Circuit Judge must likewise plan for operations.
During mobilization and predeployment, the SJA must execute
Legal Support to Operations
the military justice transition and conduct mission training. Transition tasks may include aligning the convening authority structure for the deployment theater and home station, ensuring units and personnel are assigned or attached to the appropriate organization for the administration of military justice, requesting or accomplishing required designations of home station convening authorities, transferring individual cases to new convening authorities when necessary, and publishing a general order for the ~peration.~~Mission training will include briefings to deploying and home station commanders concerning military justice operations, and briefings to deploying soldiers concerning the terms of the general order for the ~peration.~"
During deployment and entry, the SJA must ensure the military justice support arrangements are in place and operating properly. The SJA should ensure orders assigning units and personnel clearly indicate which commander has nonjudicial punishment and court-martial authority. Rear detachment commanders at the home station will require military justice training, which should emphasize the commander's autho~ity and responsibility, and the prevention of unlawful command infl~ence.~~
Finally, the SJA should expect an increase in the home station military justice workload, and must ensure that resources are properly allocated between the deployment theater and home station.62
During redeployment and demobilization, the SJA transitions back to the original home station military justice structure. This will
normally include returning to the original convening authority structure, ensuring units and personnel are assigned or attached back to the appropriate organization for the administration of military justice, revoking the designations of home station convening authorities established for the operation, transferring individual cases, and rescinding the general order for the operation.
3.4 INTERNATIONAL LAW
International law is the application of international agreements, international customary practices, and the general principles of law recognized by civilized nations to military operations and activities. Within the Army, the practice of international law also includes foreign law, comparative law, martial law, and domestic law affecting overseas, intelligence, security assistance, counter-drug, and civil assistance a~tivities.~~
The SJA's international law responsibilities include: implementation of the DoD Law of War (LOW) Program, including LOW training, advice concerning the application of the LOW (or other humanitarian law) to military operations, the determination of enemy prisoner of war (EPW) status, and supervision of war crime investigations and trials; assistance with internationai legai issues relating co U.S. forces overseas, including the legal basis for conducting operations, status of forces agreements, and the impact of foreign law on Army activities and personnel; the monitoring of foreign trials and confinement of Army military and civilian personnel and their dependents; assistance with legal issues in intelligence, security assistance, counter-drug, and civil assistance activities; advice to the command concerning the development of international agreements; and legal liaison with host or allied nation legal a~thorities.~~
Normally, the SJA provides international law support at the main and rear command posts in Army of Excellence divisions and corps, and main command posts in Force XXI divisions and corps, TAACOM or TSC headquarters, Theater Army headquarters, and each joint and multinational headquarters. In addition, international law support may be required at brigade and battalion headquarters.
International Law tasks will vary from phase to phase, but are designed to ensure operational capability and support international legitimacy throughout all phases of an operation.
Before mobilization, international law planning is preeminent. The SJA and international law attorneys must thoroughly understand the contingency plan and the international law affecting the planned operation. They must ensure the contingency plan complies with international legal obligations, including obligations to EPWs and civilians. They must also identify and obtain relevant international agreements (e.g., status of forces agreements, exchanges of diplomatic notes, and acquisition and cross-servicing agreements), identify requirements for additional agreements, and forward these requirements through higher headquarters to the proper negotiation authority. International law planning objectives include informing the commander and staff of the international legal obligations on the force, minimizing legal obligations or their effects on the force, protecting the legal status of unit personnel, ensuring rights of transit, and providing responsive and economical host nation support. At the same time, international law attorneys are responsible for training unit personnel on the LOW and other international law affecting potential operations.

During mobilization and predeployment, establishing liaison and briefing deploying personnel are the principal international law tasks. The SJA should establish liaison with the International Committee of the Red Cross (ICRC), the country team for the area of operations, legal officials in the host nation, and other government, nongovernmental, international, and private voluntary organizations, as directed by the commander. The purposes of this liaison are to establish productive relationships that will help sustain the operation; coordinate the legal aspects of the deployment and entry; confirm understanding of agreements concerning status of forceP, rights of transit, basing, and host nation support; and provide assurance of compliance with international legal requirements. Briefings to deploying personnel should cover the legal basis for the operation, the legal status of deploying personnel, relevant country law, guidance on the treatment of civilians in the area of operation^,^^ and the applicability of the LOW or other humanitarian law.
Legal Support to Operations
During deployment and entry, the SJA's principal international law tasks are advising the command and managing legal processes. These tasks require continuous liaison with the country team, host nation legal officials, the ICRC, and other agencies related to the operation; and effective integration into the headquarters staff. Advice to the command may involve the law of war, including advice to the EPW team; interpretation of international agreements; treatment of civilians or foreign diplomats; assistance to international organizations, U.S. or host nation government organizations, non-government organizations (NGOs), or private volunteer organizations (PVOs); civil affairs; and other international legal matters. Legal processes include the investigation and trial of war crimes, Article V tribunal proceedings, foreign criminal trials of U.S. personnel, foreign civil or administrative proceedings, and proceedings conducted under occupation or martial law.
During redeployment and demobilization, the SJA's international law priority is to resolve legal issues remaining from the deployment or relating to redeployment. Significant tasks may include coordinating the legal aspects of base closures, resolving host nation support issues, managing war crimes investigations, monitoring
Administrative law is the body of law containing the statutes, regulations, and judicial decisions that govern the establishment, functioning, and command of military organizations. The practice of administrative law includes advice to commanders and litigation on behalf of the Army involving many specialized legal areas, including military personnel law, government information practices, investigations, relationships with private organizations, labor relations, civilian employment law, military installations, and government

Administrative law attorneys perform the following functions: advise commanders, review actions, and litigate cases involving military personnel law; advise Army officials regarding their obligations under the Freedom of Information Act (FOIA) and Privacy Act; advise investigating officers, review investigations for legal sufficiency, and advise appointing authorities concerning investigative findings and recommendations; advise Army officials concerning support for and relationships with private organizations; advise Army officials concerning labor relations, including certifying and negotiating with labor unions, grievances and arbitration, and unfair labor practice allegations; advise Army officials concerning the recruiting, hiring, evaluating, and disciplining of employees, and represent the Army in litigation arising from employee ,gievances and discrimination complaints; advise installation commanders concerning the legal authorities applying to military installations; and advise Army personnel concerning government ethics, and supervise the command financial
disclosure and ethics training
programs.68
Administrative law support is usually provided at brigade headquarters, main and rear command posts in Army of Excellence divisions and corps, main command posts in Force XXI divisions and corps, COSCOM headquarters, and at each higher army, joint, and multinational headquarters. Because of the vast scope of issues they face, administrative law attorneys, especially, must be capable of conducting specific technical legal research and writing.
Administrative law support must be provided during all phases of an operation. The legal research capabilities and technical support structure must be robust to provide specialized legal knowledge and the flexibility to resolve different issues as an operation moves through its phases.
Before mobilization, administrative law attorneys must identify the issues likely to arise in the operation and provide policy guidance in the OPLAN. Consideration of the likely legal issues must take into account the participating organizations -joint, allied or coalition, international, non-governmental, and private. The plan should include policy guidance concerning access by non-DoD personnel to unit facilities and ~ervices.~'
During mobilization and predeployment, administrative law attorneys must provide prompt guidance to commanders concerning military personnel issues that typically arise immediately before deployment, such as conscientious objection and family care plan failure^.^' They should also brief deploying personnel concerning issues arising in the theater, e.g., family care plans and foreign gifts.71
During deployment and entry, administrative law attorneys will provide advice and assistance with the legal issues that arise in theater. They should be prepared to spend considerable time and effort on command investigations, as these may have a significant impact on the unit and mission.72 They must also, even in a deployed environment, supervise the government ethics program, including the filing of financial disclosure forms.73
During redeployment and demobilization, administrative law attorneys will assist with issues that arise, and will continue to manage the legal aspects of ongoing investigations and other actions as they redeploy to home station.
3.6 CIVIL LAW
Civil law is the body of law containing the statutes, regulations, and judicial decisions that govern the rights and duties of military organizations and installations with regard to civil authorities. The practice of civil law includes contract law, fiscal law, environmental law, as well as many other specialized areas of law.74
Contract law is the application of domestic and international law to the acquisition of goods, services, and construction. The practice of contract law includes battlefield acquisition, contingency contracting, bid protests and contract dispute litigation, Legal Support to Operations
procurement fraud oversight, commercial activities, and acquisition and cross-servicing agreement^.^^
The SJAYs contract law responsibilities include furnishing legal advice and assistance to procurement officials during all phases of the contracting process, overseeing an effective procurement fraud abatement program; and providing legal advice to the command concerning battlefield acquisition, contingency contracting, Logistics Civil Augmentation Program (LOGCAP), Acquisition and Cross-Servicing Agreements (ACSAs), the commercial activities program, and overseas real estate and construction.
Legal counsel must participate fully in the acquisition process, make themselves continuously available to their clients, involve themselves early in the contracting process, communicate closely with procurement officials and contract lawyers in the technical supervision chain, and provide legal and business advice as part of the contract management team.76 To accomplish this, SJAs usually provide contract law support at the main and rear commarid posts in Army of Excellence divisions and corps, main command posts in Force XXI divisions and corps, COSCOM, Theater Support Command Headquarters, and each higher army and

joint headquarters. Contract law advice may also be required at brigade or battalion headquarters. SJAs should deploy a contract law attorney with contracting Early Entry Modules (EEM). OPLAW JAs supporting a DISCOM or COSCOM should be trained in contract law. Expertise may be required at the multinational command headquarters to advise concerning international
acquisition agreements.
Fiscal law is the application of domestic statutes and regulations to the funding of military operations, and support to non-federal agencies and organizations.
The SJA's fiscal law responsibilities include furnishing legal advice on the proper use and expenditure of funds, interagency agreements for logistics support, security assistance, and support to non-federal agencies and organizations.
SJAs usually provide fiscal law support at the main and rear command 'posts in Army of Excellence divisions and corps, main command posts in Force XXI divisions and corps, DISCOM, COSCOM, TAACOM/ TSC headquarters, and each higher army and joint headquarters. Expertise may also be required at the multinational command headquarters to advise concerning international support agreements.
Environmental law is the body of law containing the statutes, regulations, and judicial decisions relating to Army activities affecting the environment to include navigable waters, near-shore and open waters and any other surface water, groundwater, drinking water supply, Imd surface or subsurf~ce~ez,~mbient air, vegetation, wildlife, and humans.77 Overseas, host nation law may also affect Army operations.
SJAs provide legal advice and services on all aspects of environmental matters, to include representing Army activities in environmental litigation and at hearings before local, state, or federal agencies in coordination with the Chief, Environmental Law Division, USALSA, and the Department of Justice (DoJ); monitoring state and federal environmental legislative and regulatory developments; providing advice concerning the appropriateness of any environmental enforcement activities; and reviewing all draft environmental orders, consent agreements, and settlements with Federal, state, or local regulatory officials before signature.78
SJAs usually provide environmental law support at the main and rear command posts in Army of Excellence divisions and corps, main command posts in Force XXI divisions and corps, DISCOM, COSCOM, Theater Support Command Headquarters, and each higher army and joint headquarters.
Civil lawyers must support all phases of an ~peration;~'nevertheless, the issues and requirements they face will change during each operational phase.
Before deployment, planning and training are the primary concerns. Contract lawyers assist the planning for contracting by identifying the legal authorities for contracting, obtaining relevant acquisition agreements or requesting their negotiation, helping the contracting team to define requirements and to establish procurement procedures for the operation, and reviewing the contracting support plan for legal sufficiency. Fiscal lawyers assist the planning by identifying funding authorities supporting the mission. Environmental lawyers assist the planning by providing legal advice concerning environmental reviews and environmental requirements in the area of operations, and by reviewing plans to ensure plans address environmental law and policy requirements. The environmental plan should address policies and responsibilities to protect the environment, certification of local
preservation, and the base field spill plan.80
During mobilization and predeployment, support to the contracting and real estate EEMs is important. A contract lawyer should deploy with the contracting EEM; an environmental lawyer should deploy with the real estate EEM. In preparation for deployment, these judge advocates or civilian attorneys must marshal resources, assist the EEM's final coordination to include confing warrants, funding sources and environmental legal requirements, and establish liaison with the country team in theater. Upon arrival in theater, the contract lawyer and environmental lawyer support the EEM missions of facilitating the deployment and entry of forces. The environmental lawyer should ensure an environmental survey is completed to provide a baseline against which later claims for damage may be as~essed.~'
During deployment and entry, civil law support must be responsive to force requirements. SJAs must plan for additional contract law and fiscal law support as the theater matures, because
Legal Support to Operations
contracting and fiscal issues will increase in number and comple~ity.~~ SJAs should encourage the use of Acquisition Review Boards, as these promote prudent management of resources and proactive resolution of logistical support issues.83 SJAs must maintain close coordination with the organization's environmental team and civil affairs section, and liaison with the country team and local environmental legal authorities.
During redeployment and demobilization, civil lawyers support force redeployment and close-out. Contracts for subsistence, temporary lodging, or transportation are required to allow logistics units to redeploy. During close-out, contract and environmental claims or disputes will arise. Civil lawyers help contracting and real estate officials resolve claims or disputes. When claims or disputes are not resolved, the civil lawyer will support the contracting and real estate personnel who are responsible for litigati~n.'~Civil lawyers are normally required until all forces leave the area, and therefore normally redeploy last. Even after redeployment, unresolved contractir~g and environmental issues may require legal support.
3.7 CLAIMS
The Army Claims Program investigates, processes, adjudicates, and settles claims on behalf of and against the United States world-wide "under the authority conferred by statutes, regulations, international and interagency agreements, and DoD
directive^."^^ The Claims Program supports commanders by preventing distractions to the operation from claimants, promoting the morale of Army personnel by compensating them for property damage suffered incident to service, and promoting good will with the local population by providing compensation for personal injury or property damage caused by Army or DoD per~onnel.'~ Categories of claims include claims for property damage of soldiers and other employees arising incident to service, torts alleged against Army or DoD personnel acting within the scope of employment, and claims by the United States against individuals who injure Army personnel or damage Army property."
The Secretary of the Army (SA) heads the Army Claims System.'' TJAG supervises the Army Claims Program and settles claims in accordance with delegated authority from the SA." The
U.S. Army Claims Service (USARCS) administers the Army Claims Program and designates area claims offices, claims processing offices, and claims attorneys?' SJAs, or other supervisory judge advocates, operate each command's claims program and supervise the area claims office (ACO) or claims processing office (CPO) designated by USARCS for the command.g1 ACOs and CPOs are the normal claims offices at Army installations that investigate, process, adjudicate, and settle claims against the United States; and identify, investigate, and assert claims on behalf of the United States.92 Claims attorneys at each level settle claims within delegated authority and forward claims exceeding that authority to the appropriate settlement authority.93
Claims must be investigated and paid in an area of operation^.^^ In multinational operations, unless otherwise specified in applicable agreements, a troop contributing nation is generally responsible to resolve claims arising from its own operations. Foreign claims against the U.S. will normally be resolved by the service assigned claims responsibility for the area. Claims attorneys should consult DoD Directive 5515.8, Single-Service Assignment of Responsibility for Processing of Claims (June 1990). U.S. personnel claims will normally be resolved by the parent service. Amy claims services are normally provided in the main or rear command posts in Army of Excellence divisions and corps, main command posts in Force XXI divisions and corps, the Theater Support Command headquarters, and Theater Army headquarters. While claims services are centrally processed at these locations, claims personnel must travel throughout the area of operations to investigate, negotiate, and settle claims.
Before mobilization, commanders should appoint unit claims officers (UCO); UCOs document and report incidents to claims offices that might result in a claim by or against the United States.95 The SJA and Chief of Claims should develop the claims architecture for the planned operation, and provide training for deployable claims attorneys, legal specialists, and UCOs. The claims architecture should prescribe the technical chain of claims authority, identify additional required claims processing offices or foreign claims commissions, and describe the claims procedures applying during the operation. Claims architecture planning
Legal Support to Operations
factors include the type and duration of deployment, the area to which deployed, the existence of international agreements governing the presence of U.S. personnel and the processing of claims, host nation law, and service claims responsibility for the area.96 Claims procedures should describe how claims are received, investigated, processed, adjudicated, and paidag7 Training for claims personnel should cover foreign claims procedures, prevention of property damage and personal injury, investigative techniques, and documentation of preexisting damage.98
During mobilization and predeployment, SJAs and Chiefs of Claims should provide preventive law advice concerning home station storage of personal property, and information briefings to deploying personnel about theater claims policies, including policies concerning any types or amounts of personal property for which compensation will not be paid. SJAs and Chiefs of Claims should also coordinate with USARCS to facilitate the appointment of Foreign Claims Commissions or Claims Processing Offi~es.9~
During deployment and entry, claims personnel establish the claims operation and perform claims services. When establishing the claims operation, the senior claims attorney in theater should inform host nation authorities how claims will be processed, provide information to the local population about claims procedures, and obtain translation services and local legal advice.'@' Critical at this point are efforts by claims personnel and UCOs to document the existing condition of base camps, unit locations, or transportation routes; good documentation at the beginning of an operation will enable accurate payment of legitimate claims and prevent payment of fraudulent or inflated ~laims.'~' The digital camera that is a component of the RDL is very useful for this purpose. When performing claims services, the senior claims attorney should coordinate with UCOs to assist them with claims investigations; with Civil Military Operations (CMO) to facilitate liaison with local officials, learn about local customs, and provide CMO personnel information about claims procedures; and with military police and military intelligence personnel to share informati~n.'~~ Throughout the operation, claims perso~el must travel throughout the area of operations to receive, investigate, and pay claims.'03
During redeployment and demobilization, the senior claims attorney must ensure all filed claims are paid, closed, or transferred to a claims office with post-deployment responsibility for the area. Claims personnel at home station must be prepared to receive and process claims by deployed personnel for damage to property damaged in storage during deployment.
3.8 LEGAL ASSISTANCE
"Wherever you have judge advocates among soldiers, you will have the practice of Legal Assistance."'"
Captain Nicole Famer
Legal assistance is the provision of personal civil legal services to soldiers, their family members, and other eligible personnel.105 The mission of the Army Legal Assistance Program is "to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by -(1) Meeting their needs for help and information on legal matters; and (2) Resolving their personal legal problems whenever po~sible."'~~ "From an operational standpoint, the mission of legal assistance is to ensure that the soldiers' personal legal affairs are in order prior to deployment, and then, in the deployment location, to meet the soldiers' legal assistance needs as quickly and as efficiently as possible."107 The Army Legal Assistance Program promotes morale and discipline, and thereby contributes directly to mission accomplishment.
Legal assistance attorneys, and legal staff working under their supervision, provide legal assistance in a variety of settings, including combat readiness exercises, premobilization legal preparation (PLP), soldier readiness

Program processing (SRP), demobilization briefings, noncombatant evacuation operations, client interviews, informal requests for assistance, federal and state income tax assistance, and preventive law programs.'08 They provide extensive legal services: ministerial and notary services, legal counseling, legal correspondence, negotiation, iegai document preparation and filing, limited in-court representation, legal referrals, and mediation.'0g They handle a wide variety of cases: family law, estates, real property, personal property, economic, civilian and military administrative matters, torts, taxes, and civilian criminal matter^."^
Legal assistance is provided at the Theater Army headquarters, Theater Support Command headquarters, main and rear command posts in Army of Excellence divisions and corps, and main command posts in Force XXI divisions and corps, and as required at brigade or lower echelons.lll While each service and each troop contributing nation is responsible to provide legal assistance for its personnel, some legal assistance may be required at joint or multinational headquarters.
Before mobilization, active and reserve component SJAs should conduct regular and proactive preventive law programs, resolve legal concerns of soldiers, their families, and other eligible personnel prior to deployment, and plan for mobilization and deployment processing. In conducting such programs, SJAs should coordinate with and involve the reserve component judge advocates (such as MSO JAGSOs or the judge advocate sections of GSUs) which will be assigned to assist their organizations upon mobilization, or with whom they have developed training associations. Preventive law programs provide information to service members and families that enable them to avoid legal problems, or to identify concerns and seek prompt assi~tance."~ Regular SRP processing, along with reserve component PLP, ensures soldiers and emergency-essential civilian employees have their legal affairs in order and are prepared for deployment. Because legal needs may not be met upon deployment, SJAs must plan to provide legal assistance to large numbers of personnel
Legal Support to Operations
preparing to deploy. SJAs must also plan to provide legal assistance to personnel in the deployment theater and family members at home station, mobilization stations, or elsewhere during the operation.l13 The MSOs and the judge advocate sections of the GSUs described in Chapter 2 provide SJAs the capability to provide this surge and sustainrnent legal assistance.
During mobilization and predeployment, the SJA and Chief of Legal Assistance should manage SRP processing, coordinate with the local bar and courts concerning current legal assistance issues or stays required by the mobilization or deployment, provide legal assistance briefings for family members, and resolve as many legal concerns as possible before deployment.'14 SRP processing should review, at a minimum, Soldiers' Group Life Insurance (SGLI) beneficiary designations, requirements for wills or powers of attorney, the existence of Soldiers and Sailors Civil Relief Act issues or any pending civilian or military charges, the receipt of Geneva Convention briefings, and family care plan concerns.115Providing advance SRP packets to deploying soldiers enables them to consider their legal needs in advance, to come to the SRP with the information needed to process efficiently, and to leave with the legal products and advice they require.l16
During deployment and entry, SJAs must provide legal assistance both in the deployment theater and at home station. Due to the special attorney- client relationship and the possibility of conflicting interests between commanders and soldiers, the SJA
generally designates specific judge advocates as legal assistance attorneys. Because of the increased demand for legal assistance services during deployments, the SJA may allow judge advocates who are not legal assistance attorneys to provide legal assistance services when consistent with professional standards. The SJA will rely heavily on the judge advocates assigned to GSU supporting the installation and the MSO supporting the deployment. Also, the SJA may seek support from the Senior Defense Counsel, who may assign Trial Defense Counsel to provide legal assistance consistent with the Trial Defense ~nission."~In theater, legal assistance attorneys should be prepared to resolve the full range of legal assistance cases, and to provide federal and state income tax assi~tance."~The Chief of Legal Assistance in theater, should establish liaison with the U.S. Consulate, and ensure effective communication and courier service between legal assistance offices in theater and home station.llg At home station, in addition to providing legal assistance to the home station, the legal assistance office must provide required assistance to deployed legal assistance attorneys and provide legal assistance briefings to family members.'*O
During redeployment and demobilization, the SJA and Chief of Legal Assistance must resolve legal assistance matters in the deployment theater, or coordinate to ensure they are resolved after redeployment, and resolve matters at home station that arose or remained unresolved during the operation.
3.9 SUMMARY
The JAGC provides comprehensive legal support to operations across the spectrum and throughout all phases of military operations. Staff Judge Advocates ensure OPLAW and core legal disciplinary support at each level of command from the theater through brigade, and at lower echelons as required. This chapter described, in general terms, what legal support is provided. The following chapters will describe how legal support is provided to specific types of operations.
Legal Support to Operations

Chapter 4 Legal Support in Theater Operations

CONTENTS

THE THEATER …………………………

Key Terms and Distinctions ….. Communications Zone and
Combat Zone …………………….

Strategy…………..l ……………. Structures of Command and

.PAGE
4-2

4-2

4-3

4-4

Theater command structures and
Coordlnatlon…………….

….
4-4

campaign planning originated in World War II and have existed. with variations. ever since . In the 1980s. during digestion of the hard lessons of Vietnam. the services … adopted [the] concept of an intermediate level of war. between the strategy from Washington and the tactics of the battlefields. Operational art received its foml designation in the 1982 version of the Army's Field Manual 100.5. with the other services closely following . The present flowering of joint doctrine. still in progress. has been marked in Congress by the passage of thh Goldwater-Nichols Act in 1986 . At last. the United States has begun to place in print ideas and techniques in ferment since the time . of Lincoln and Grant …
Lieutenant Colonel Daniel K.Bolger
Savage Peace"'
Command, Control, and Support Relatlonshlps ……….

PLANNING AND DECISION
MAKING…………………………………….

Planning………………………………

Functions of Staffs ………………. The Military Decision Making
Process…………………………….

Decision Making in a Time- Constrained Environment ….. SJA Planning. Decision- Making. and Orders ……………

LEGAL SUPPORT IN THEATER …..
Introduction…………………………

Overseas Presence and Force
Projection………………………… Legal Support in Theater ……… The United States as a
Theater……………………………..

Technical Channels ………………
MATERIEL…………………………….

Legal Automation ………………

. .
Moblllty……………………………….

Communications………………….
TRAINING………………………………….

Principles of Training …………… Mission Essential Task Lists … Planning for Training ……………

LEGAL SUPPORT AND SPECIAL
OPERATIONS…………………………….

Legal Support and Special
Operations………………………..

Legal Support and Civil Affairs
4-8

4-10

4-11

4-11

4-12

4-18

4-20

4-21

4-21

4-21

4-23

4-24

4-24

4-25

4-25

4-28

4-29

4-30

4-30

4-32

4-35

4-36

4-38

4-39

Though many Law of War problems arose, . . . judge advocates [in theater] also dealt with a signGcant number of other legal issues. . . .As so aptly stated by one judge
advocate involved, somewhat tongue-in-cheek, "You can only tell the C.O. that he can't shoot the prisoners so many times. You reach a point at which when the boss has run out of beans and bullets, has certain equipment requirements, and has the locals clamoring to be paid for property damage, you have to be prepared to provide the best possible legal advice concerning these issues as well. "
Lieutenant Colonel David E. Graham
Operational Law-A Concept Comes of Age1"
4.1 THETHEATER
Operational art is best understood within the context of a theater, a geographical area outside the continental United States for which a Commander- in-Chief (CINC) of a unified command has been assigned military re~ponsibility.'~~ The theater is the setting within which United States commanders determine when, where, and for what purpose major forces will be committed. It is the setting into which forces are deployed and later inserted into or withdrawn from operations. It is the setting within which optimal effect can be made of the resources of personnel, materiel, and time because the commander is consciously employing them to achieve desired strategic ends.lZ4
Legal support to operations is the comprehensive set of professional legal functions and disciplines needed to support worldwide operations. Due to the modem national security structure of the United States, these worldwide operations involve military forces projected into and within theaters.
Accordingly, judge advocates must have a detailed understanding of the terms, distinctions, and structures of command and coordination associated with theater operations. They must also understand several separate but complementary relationships of command, control, and support that are exercised within theaters.
P4.1.1 Kev Terms and Distinctions
Theaters may be described as either continental, i.e., European Command (EUCOM), Central Command (CENTCOM) or Southern Command (SOUTHCOM), or maritime, i.e., Pacific Command (PACOM), or littoral based on their dominant geographic
characteristic^.'^^ A unified combatant commander who has a geographic area of responsibility-recall that the ClNCs
Command (STRATCOM), and Space Command (SPACECOM) do not-is also referred to as a theater commander.lZ6 United States Joint Forces Command (US JFCOM), formerly Atlantic Command (ACOM), maintains its Atlantic area of responsibility.
2l.V.
Because unified commands were created following World War II to integrate the separate services into an efficient warfighting tearn,lZ7 a CINC's theater is sometimes called a theater of war, regardless whether combat operations are taking place within it. This theater of war may be subdivided into subordinate theaters of operations, which may be further subdivided into areas of operations (AO). The CINC has great freedom to organize his theater, and he will frequently designate other areas of significance, such as joint operations areas (JOA), joint zones (JZ), and joint rear areas (JRA).
4.1.2     Communications Zone and Combat Zone
One traditional organizational device divides the theater of war into a

-communications zone (COMMZ) and a combat zone (CZ). The COMMZ and the CZ are contiguous and do not overlap.128 The COMMZ is the rear part of a theater of operations, and it contains the lines of communications, air and sea ports, establishments for supply, maintenance, field services, personnel support, health services and evacuation, and other agencies required for the immediate support and maintenance of the field forces. The COMMZ reaches back t6 &e. continental United States or to ano~;d~c's area of responsibility.
The CZ is the territory forwe of the COMMZ. In the European theater, the boundary line falls at the Army group rear boundary: that is, everything forward of the Army group rear Legal Support to Operations
boundary was the CZ. The CZ is the area required by operational and tactical forces for the conduct of operations. The depth of the CZ depends on the forces involved, the nature of planned operations, the lines of communications, the terrain, and enemy capabilities. Normally, the CZ is divided into corps and division areas.
Noncombat contingencies and contingencies that involve sporadic or isolated combat create the need for alternatives to the CZ device. A contingency is "[a]n emergency involving military forces caused by natural disasters, terrorists, subversives, or by required military operations."129 Contingencies cause CINCs to designate areas of conflict (AOC), geographic areas where hostilities are imminent, and areas of assistance (AOA), areas where forces conduct humanitarian assistance or other support operations
Commanders, SJAs and other Army leaders deploying forces to a theater of operations must understand yet another distinction. A developed or mature theater is typically one in which the United States has an existing overseas presence, to include a support structure of communications, logistics, air defense, ports, etc. An undeveloped or immature theater lacks one or more of these features. When projecting force to an immature theater, leaders must choose between creating a support base in the theater or operating with external support.131
same service that are commanded by separate CINCs, such as Army mechanized infantry and Army special forces.
A joint task force (JTF) consists of elements of two or more services (Air Force, Army, Navy, Marines) operating under a single commander. The Secretary of Defense (SECDEF), as well as the CINCs, may establish JTFs, which are created to perform theater missions having specific limited objectives or missions of short duration.
There are other types of joint command. One of these is the subordinate unified command, which, unlike a JTF, has broader, enduring objectives or missions. Examples of subordinate unified commands are Alaskan Command (ALCOM), U.S. Forces Japan (USFJ), and U.S. Force Korea (USFK), all of which fall within the area of responsibility of CINC PACOM. Another type of joint force that a CINC may create within a theater is the functional component command, which focuses on operational responsibilities that cut across service lines. The four types of functional component commands are the Joint force land component command (JFLCC), the Joint force air component command (JFACC), the Joint force maritime component command (JFMCC), and the Joint force special operations component command (JFSOCC).
The judge advocate will encounter a great number and variety of joint boards, cells, and other joint organs within a theater. For instance, land forces participate in the joint targeting process
Legal Support to Operations
as defined by the Joint Force Commander (JFC), a generic term for a commander of the various joint forces outlined in the previous section of this chapter. JFCs may delegate targeting oversight functions to a subordinate commander, or they may establish a Joint Targeting Coordination Board (JTCB) within their staff either as an integrating center for this effort or as a JFC-level review mechanism. While the JTCB maintains a campaign-level perspective-and thus is not involved in selecting specific targets and aim points or in developing attack packages-an OPLAW JA must serve on this board.
There are many other examples. For instance, the JFC may establish a series of joint logistics centers, offices, and boards to coordinate the joint logistics effort. Judge advocates may be called upon to furnish legal advice to these organizations, which include the following:
Joint Transportation Board.
Joint Movement Center .
Joint Petroleum Office.
Joint Civil-Military Engineering
Board.
Joint Facilities Utilization Board.
CINC Logistic Procurement Support
Board.
Theater Patient Movement
Requirements Center.
Joint Blood Program Office.
Joint Mortuary Affairs Office.
Joint Materiel Priorities and
Allocation Board.

4.1.4.2 Multinational (Combined)
The term multinational describes operations conducted by more than one
Legal Support to Operations

Army doctrine calls upon commanders and staffs to revise estimates continuously-throughout the military decision making process-as factors affecting the operation change, as new facts are recognized, as assumptions are replaced by facts or are rendered invalid, or as the mission changes.
Staff estimates analyze the influence of factors within particular staff officers' fields of interest on the accomplishment of the command's mission. In coordination with other staff officers, the officer preparing an estimate develops feasible courses of action, and then analyzes and compares those feasible courses of action. The results are conclusions and recommendations.
These conclusions are presented to the commander, who thus may hear a personnel estimate, an intelligence estimate, an operation estimate, a logistic estimate, a civil-military operations estimate and any other desired staff estimates before arriving at his own estimate. The commander bases his estimate on the METT-TC, on personal knowledge of the situation, on ethical considerations, as well as on the staff estimates. The result is a decision, which can be incorporated into a plan or order and then executed by subordinate units.
Receipt of Mission. The parallel estimates developed by staff and commander are the heart of the elaborate decision-making process. The decision-making cycle begins upon receipt of a mission, which the higher headquarters assigns or the commander simply deduces from formal or informal communications with his senior commanding officer. Even before closely analyzing the mission, the commander at this point may seek more infomation about the current situation and about the mission itself, and he may or may not ask the staff to assist him at this early point.
Mission Analysis. The commander then conducts a rather formal mission analysis so as to obtain a clear understanding of what it is he is being asked to do. Mission analysis involves identifying the tasks that must be performed, the purpose to be achieved through accomplishing the assigned tasks, and the limitations on his unit's actions, if any. Some tasks will be specified in the operation plan or order received from higher headquarters. Other tasks may be implied. The limitations a commander may discern will include a variety of constraints upon either the operation or the planning process. Examples are phrases in a higher headquarters order that specify "Be prepared to . . . ," "Not earlier than . . . ," "Not later than . . ." Time is a frequent limitation.
Restated Mission. The restated mission is what results from the commander's mission analysis. It becomes the basis of the commanders and staff estimates. If these are written, it is paragraph 1. Later, when the commander issues the operation plan or order, this restated mission will be paragraph 2 of that document.
Planning Guidance. The commander may provide planning guidance to the staff when he announces his restated mission or at any other point in the process. The goal is to provide a common point of departure for the different staff elements without introducing bias into their estimates. He may, for instance, issue definite guidance on whether and how a particular weapons system will be used. He may request that a particular course of action be developed or eliminated altogether. The frequency, amount, and content of planning guidance will vary with the mission, time available, situation, information available, and experience of the commander and the staff.
Course of Action Development.

Relying upon the restated mission, any planning guidance, and estimates, the coordinating staff officers then prepare courses of action. The ongoing estimate process is interactive within a particular decision cy~1e.l~~ Staff officers exchange information while concurrently analyzing how relevant factors from their disciplines affect the courses of action. Furthermore, the development of courses of action itself is interactive. The operations officer (U-3/J-3/G-31s-3) will frequently sketch the tentative schemes of maneuver and supporting fires (see section below on plans and orders) he is considering as part of the operations estimate. The intelligence officer (U-2/J-2/G-2/S-Z) or logistics officer (U-4lJ-4lG-41s-4) might quickly identify one of these schemes of maneuver as not feasible,138 enabling another course of action to be developed before a series (usually three) of courses of action is formally incorporated into the staff estimates that are briefed to the commander.
Course of Action Analysis (War Gaming). The chief of staff or
executive officer ensures that staff estimates are coordinated, that differences of opinion are identified and resolved, and that only issues requiring the commander's personal attention are presented to him for decision. However, he must take great care not to gloss over or compromise genuine issues for the sake of presenting a common option to the commander. In some units, the Chief of Staff consolidates the various staff estimates and presents one overall staff estimate to the commander. The Courses of Action contained in the estimates are war gamed to determine strengths, weaknesses, and details.
Course of Action Comparison and Selection. The commander considers modifying the courses of action evaluated in the staff estimates and war gamed, and then, if necessary, returns them for another round of analysis and comparison by the staff. If satisfied with the courses of action as formulated, the commander is to compare all of the courses of action validated by the staff as feasible. Then he makes a decision by adopting the one he thinks is optimal.
Course of Action Approval. Having decided on a course of action to accomplish the mission, the commander announces his decision and concept to key members of the staff. Subordinate commanders may also be present. The concept is the commanders description of how he visualizes the conduct of the operation. The commander may announce his decision and concept orally and in sufficient detail so staff officers and subordinate commanders understand what they must do and, if necessary, can execute the operation without further instructions.
Legal Support to Operations

for developing an OPLAN when time is relatively unconstrained. It remains the subject matter for baseline instruction on decision-making in the Army's system for leader development and reflects time-honored principles. However, the Army recognizes a modified version of the MDMP for use in decision cycles that occur after operations commence. Some refer to this as the "combat decision- making process" or "CDP," although the MDMP remains the only doctrinally recognized "process." The CDP is best understood as selectively shortening the MDMP without substantially changing it. In theory, the MDMP is not intended to be a rigid, lockstep approach to arriving at a decision;140 in practice, it may become unwieldy, particularly when faced with an enemy commander who may gain great advantage by shortening his decision cycle.
The CDP strives to prevent the commander-as military operations involve ever more technical and complex systems-from being submerged in vast oceans of information generated by the staff. The CDP seeks to give the commander the information he truly needs. It seeks to produce decisions that are "close enough" and have the virtue of being quickly made and passed onto subordinates for decentralized execution.
The CDP abbreviates the MDMP using four primary techniques. 141 The first is to increase the commander's involvement, allowing him to make decisions during the process without waiting for detailed briefings after each step.
The second technique is for the commander to become more direct in his guidance, limiting options. This saves the staff time by focusing members on those things the commander feels are most important.
The third technique, and the one that saves the most time, is for the commander to limit the number of COAs developed and war gamed. In extreme cases, he can direct that only one course of action be developed. The goal is an acceptable COA that meets mission requirements in the time available, even if it is not optimal.
The fourth technique is maximizing parallel planning. Parallel planning means that several echelons conduct the MDMP at the same time.'" Although parallel planning is the norm, maximizing its use in a time-constrained environment is critical. In a time-constrained environment, the importance of warning orders increases as available time decreases. A verbal warning order now is worth more than a written order one hour from now. The same warning orders used in the full MDMP should be issued when the process is abbreviated. In addition to warning orders, units must share all available information with subordinates, especially Intelligence Preparation of the Battlefield (IPB) products, as early as possible.
While the steps used in a time-constrained environment are the same, many of them may be done mentally by the commander or with less staff involvement than during the full process. The products developed when the process is abbreviated may be the same as those developed for the full
Legal Support to Operations
the test ,through field application. Development is a constant and iterative process.
4.3     LEGAL SUPPORT IN THEATER
4.3.1     Introduction.
A solid gasp of the theater and associated concepts introduced in the first part of this chapter makes possible a more precise understanding of how legal support is practiced and delivered. When Army forces are not actually conducting operations in a theater, the JAGC supports the mission of the Army and its major commands within CONUS to prepare those forces for eventual employment by a CINC within a theater. That preparation is a massive job, and it consists of everyhng necessary to organize, train, and equip Army forces "primarily for prompt and sustained combat incident to operations on land" and "for the effective prosecution of
war. "'45
The day-to-day mission of readiness-organizing, training, and equipping forces for operations-inevitably involves Army commanders and judge advocates in legal issues, questions, and cases that may seem only remotely "operational." Judge advocates serving throughout the major commands of the Army and in the FOAs of TJAG will often, properly, conceive of themselves as practicing within a narrow portion of a single legal discipline.
Hence the judge advocate defending the Army in multibillion-dollar environmental litigation is practicing "federal litigation" and "environmental law" within the Civil Law discipline. That judge advocate is also principally discharging the advocate role. Hence the judge advocate investigating a major allegation of procurement fraud may be practicing Contract Law within the Civil Law discipline while discharging principally a "judge" role. Hence the Staff Judge Advocate at a CONUS installation where advanced individual training is conducted may be counselor to the commander on detailed criminal law issues pertaining to improper relationships between instructors and trainees. In these and countless other examples from the daily legal practice of uniformed attorneys in CONUS, legal support reverts to its component core disciplines. These core legal disciplines also dominate the technical language used to describe that da. practice.
For the environmental litigator, the procurement fraud investigator, and the training installation SJA in these examples, the terms "legal support to operations" and "OPLAW" serve as reminders of the readiness challenge that underwrites all of their work. It also reminds them of the need to remain generally competent across all legal disciplines in case their next assignments are to theaters. All judge advocates must be prepared to deliver legal support to operations.
4.3.2     Overseas Presence and Force Proiection.
Force projection follows a general sequence, although stages overlap in time and space (for instance, mobilization and deployment may be continuous and occur simultaneously or sequentially). Force projection includes
every 15,000 to 30,000 troops receiving support in the COMMZ. The area an ASG supports depends on the density of military units and materiel requiring support, political boundaries, and identifiable terrain features.
Corps. Corps are the largest tactical units in the United States Army and are the instruments by which higher echelons of command conduct maneuver at the operational level. The Army tailors corps for the theater and the mission. Once tailored, corps contain all the combat, combat support, and combat service support required to sustain operations for a considerable period. Corps consist of a headquarters that plans, directs, controls, and coordinates the corps operations and the mix of combat, combat support, and combat service support units. The Army Service Component Commander may assign to the corps divisions of any type required by the theater and the mission. Corps possess support commands and are assigned combat and combat support organizations based on their needs for a specific operation. Nondivisional units commonly available to corps to weight their main effort and to perform special combat functions include armored cavalry regiments, field artillery brigades, engineer brigades, air defense artillery brigades, aviation brigades, and separate infantry or armored brigades. Military police brigades, civil affairs brigades, chemical brigades, and psychological operations battalions are combat support organizations often found in corps. Special
operations forces also may support corps combat operations as required, particularly when a corps is conducting an independent operation. Corps combat service support organizations are the personnel group, the finance group, the corps support command, and JAGSOs.
Corps. Support Command (COSCOM). The COSCOM is the corps' principal logistics organization. It provides supply, field services, transportation, maintenance, and medical support to the corps' divisions and nondivisional units. The COSCOM is not a fixed organization and contains a mix of subordinate units as required by the size and c~~guration
of the corps.

4.3.4     The United States as a Theater Pomestic O~erations).
This is addressed separately in Chapter 7.
4.3.5     Technical Channels.
, The command channel is the direct, official link through which one headquarters passes orders and instructions to subordinate headquarters.14' The command channel links one commanding officer to another. A technical channel is a link between two headquarters that transmits orders, instructions, advice, recommendations, and information inappropriate for the command channel because of their volume, specificity, or routine nature.150
Legal Support to Operations
The practice and delivery of legal support in operations rely heavily on technical channels. As described earlier, many modern legal problems are complex, demanding expertise and information that will only rarely reside at a single echelon of command. Technical channels-particularly when linked to expertise and information available at CLAM0 and TJAGSA- make synergy possible even for judge advocates facing problems in distant theaters.
Those judge advocates and their supported commands benefit from two separate channels, corresponding to the two branches of the chain of command for Army forces in a joint force. Recall from earlier in this chapter that one branch of that chain of command is for operations and the other for administration and logistics. Similarly, one technical channel carries information and legal expertise associated with operations (command and control functions); the other carries information and expertise associated with administration and logistics (sustainment and personnel services support functions).
For example, the SJA advising the 10th Mountain Division at the start of military operations in Haiti in September of 1994 used a technical channel that ran through the ASCC SJA (who was also the JTF SJA) to the USACOM (now USJTFCOM) SJA to the legal advisor for the CJCS. This channel provided valuable guidance on rules of engagement and other operational matters. The SJA of the 10th Mountain Division also used a technical channel that ran through the ASCC to FORSCOM and then to Army OTJAG. This channel provided valuable guidance on a wide variety of legal issues relating to administration and logistics.
Of course, legal issues sometimes will not fall neatly into command and control, sustainment, and personnel service support categories _Also,many complex legal issues will require expertise from several legal disciplines. In these situations, SJAs achieve synergy on a legal issue by tapping whichever channel contains the necessary information or expertise. Often, both channels must be consulted on the same issue. This approach is consistent with the JAGC operating as a single large legal organization, whereby its several members are expected to support each other with information and expertise necessary to assists their clients.
4.4 MATERIEL
All legal personnel must be well equipped and highly trained in order to practice and deliver legal support in a theater of operations. The most critical categories of equipment are legal automation, mobility, and communications. Training of legal personnel, meanwhile, must be conducted according to the Army's principles of training.
4.4.1 Legal Automation
The JAGC requires a dedicated system of automation to provide responsive legal services at all echelons of command. That system is the Legal Automation Army-Wide System (LAAWS). LAAWS integrates legal
and the substantial increase of data that is required to be processed, manipulated, and transmitted in an ever decreasing amount of time. Specific details regarding hardware and software technical requirements can be located by contacting CLAM0 or the JAW Proponent, Combat Developments Department, Organization and Materiel Branch, located at TJAGSA, Charlottesville, Virginia. Its current configuration is as follows:
a laptop computer (with sufficient processor and memory capabilities to interact with ABCS, to conduct efficient research from electronic databases, and to store a large volume of required legal references and products with removable hard drive for secure storage of classified information. CD ROM reader (preferably internal) scanner-printer (battery backup) PCMCIA fax modem (cellular phone and satellite telephone up-linkable) digital camera digital audio card and microphone hard-shell case full range of software full range of legal references on compact disks andlor hard drive

RDL requirements are based upon staff functions, OPLAW (C2 and Sustainrnent) responsibilities, operations at key operational nodes, core legal discipline tasks, and mobility requirements.
The SJA, DSJA, Legal Administrator, and CL,NCO perform the staff functions of providing advice and organizing, sustaining, controlling,
Legal Supportto Operations
supervising legal services throughout the area of operations and training legal personnel. They each require an RDL to provide legal advice to the command, to access legal technical support, and to exercise legal technical supervision. OPLAW JAs designated to serve in a BOLT or the TAC CP (or other mobile or fixed command cells or command posts) and in planning and operation cells, each require an RDL. The RDL is required to access ABCS, LAAWS networks, and other secure or controlled communication systems, and to perform core legal discipline tasks in locations away from the main and rear CPs or apart from other legal sections located in the main or rear (based on organizational design and where the legal function is performed). Of utmost importance is the ability to interact with communication and network systems capable of transmitting privileged information or communications (e.g., defense counsel and client; legal assistance attorney and client), classified materials and matters of national security. Each element within the SJA section (as well as the military judge and trial defense elements) requires an RDL to perform tasks relating to its core legal discipline. Additional RDLs are required for judge advocates within divisions of the SJA section who must travel throughout the area of operations to provide services (e.g., claims judge advocates, trial counsel, and legal assistance attorneys).
LSOs and MSOs require RDLs to command the organization and supervise legal services. LSTs require RDLs to perform tasks related to core legal disciplines, and additional RDLs for each judge advocate who must travel throughout the area of operations.
CONUS based legal organizations which support mobilization operations, or which are part of the Base Engagement Force or Base Generating require RDLs to support operations. These organizations also include the legal training organizations of TJAGSA, legal NCOES, and legal sections of Division Training and Exercise elements, and Training Centers.
Finally, other judge advocates and legal specialists in all legal organizations require components of the RDL to perform their legal duties (one laptop computer per attorney and one computer for 80% of the legal specialists).
The RDL equips judge advocates deploying to theater with the basic load of legal references, country-specific materials, and forms necessary to spot and resolve the most common legal issues that will arise during a contingency operation. Digital databases, such as that maintained by the Joint Electronic Library and CLAMO, contribute to the achievement of this goal by furnishing current legal references and recent lessons learned from exercises, the Combat Training Centers, and deployments around the world. The availability of CD-ROM writing equipment at division and corps staff judge advocate sections makes possible the storage of massive amounts of material on compact disk in the days immediately prior to deployment to or within a theater. Much of this material may be obtained during the predeployment period from the exploding numbers of legal reference sites on the World Wide Web. When the deployed judge advocate element is incapable of resolving an issue, the RDL also provides the capability to request and receive advice in digital format from technical judge advocate channels.
Because it is a set of capabilities rather than a fixed package of hardware and software, the RDL permits the JAGC to continue to harness the rapid improvements in the marketplace. Because it is a standard set of capabilities, the RDL provides a common basis to permit training, organizing, and equipping OPLAW JAs and legal personnel.
Despite advances in information technology, legal personnel must always be prepared to provide operational support. Therefore, legal personnel should deploy with paper copies of required references and forms.
4.4.2 Mobility
Embedded legal personnel depend on the units to which they are assigned or attached for transportation. Separate legal organizations, such as LSOs or MSOs, require organic transportation assets. Sufficient vehicles are required for legal personnel, i.e., the SJAICJA and his staff, military judges, and defense counsel. The number and type of vehicles will depend on the commander's requirements for legal services. Normally, however, a commander should dedicate four High Mobility Multipurpose Wheeled Vehicles (HMMWV), one 5 ton truck, and four cargo trailers to a division or corps SJA section and one HMMWV and one cargo trailer to each CJA
advocates must use combat net radios (CNR), area common user (ACU) telephones, Army Data Distribution System (ADDS) equipment, and Broadcast System (BDCSTS) equipment, where necessary.
Principles of Training

1.     
Train As A Combined Arms And Services Team

2.     
Train As You Fight

3.     
Use Appropriate Doctrine

4.     
Use Performance-Oriented Training

5.     
Train To Challenge

6.     
Train To Sustain Proficiency

7.     
Train Using Multiechelon Techniques

8.     
Train To Maintain

9.     
Make Commanders The Primary Trainers

Staff judge advocates must have a training philosophy. Training affords staff judge advocates as well as commanders the opportunity to explore and surmount the variety of problems and challenges that will always confront them. When a staff judge advocate takes this attitude, most of his or her problems-and those of the section-will be met and solved in the course of regular training, and thus will cease to be problems. The same attitude wili prevail again over new problems.
Training must address both the soldier and the lawyer-tactical skills and legal skills. Soldier training should address common soldier skills, such as use and maintenance of weapons, NBC protection and decontamination, land navigation, first aid, and radio procedures-how to shoot, move, and communicate. Training applies just as crucially to legal research, writing, advocacy, case and project organization, automation, maintenance, and safety. Training is all-encompassing and should be related to everything lawyers and legal personnel do to support the commander on the battlefield.
The key to all successful training lies in raising the quality of individual skills and the teamwork of small sections or units. Success in everythng from a battle or other real world military operation to large scale legal representation is dependent on the coordinated effort of a number of small units of diverse types working together to accomplish a mission. Other things being equal, the military force with the best-trained small units will prevail, and the legal organization with the best-trained small teams will prevail. Even if other things are not equal, superior training at the individual and small section level will often carry the day.
Staff judge advocates prepare for operations in a theater by adhering to the Army's principles of training. There are nine.
Train As A Combined Arms And Services Team. "Combined arms and services" is a technical term referring to military actions that integrate combat functions (infantry, armor, and aviation), combat support functions (field artillery, air defense artillery, and engineers), and combat service support functions (logistics, personnel services, and health
Legal Support to Operations
services).154 The example provided in Field Manual 25-100, Training the Force, is that of the division commander who trains regularly with his entire "slice" of "basic combat, combat support, and combat service support systems." SJAs recognize that this first principle mandates not only that they support the command's desire to conduct collective training with a full "slice" of judge advocate support, but also that the training of an SJA section itself must integrate claims, legal assistance, military justice, administrative law, civil law, international law, and all other aspects of legal support to operations. It also means that the SJA must coordinate with reserve component legal elements to have them participate in major exercises.

2.     
Train As You Fight. This principle demands that training take place under realistic conditions. Operations in Panama, the Persian Gulf, northern Iraq, Haiti, Bosnia, and other places confirmed that legal issues are some of the most challenging the command and staff will face. They must be incorporated into collective training events, just as smoke, noise, chemical attacks, battlefield debris, loss of key leaders, and cold weather must be incorporated.

3.     
Use Appropriate Doctrine. Training must conform to Army doctrine. Recall that one of doctrine's roles is to reflect a shared vision that can serve as the basis for planning, organizing, leading, equipping, and training the force. We are a doctrine-based Army. Army

doctrine is contained in Field Manual 100-5, Operations and supporting doctrinal manuals, such as this one. Army training doctrine is contained in Field Manual 25-100 as well as in Field Manual 25-101, Battle Focused Training. Judge advocates must be conversant in these references.
4.     
Use Performance-Oriented Training. Soldiers and lawyers learn best by doing, by putting their hands and minds on the implements they will be required to use when the real test of combat or deployment comes. The Army stresses use of a full range of training aids, devices, simulators, and simulations (TADSS) to take the individual or unit being trained out of the sterile classroom and into a practical situation that reproduces the conditions under which they must be able to perform. The Army's four Combat Training Centers, with judge advocate observer-controllers or trainers at each, provide the most realistic training. An SJA invokes this principle whenever he and the Chief of the Criminal Law Team organize rehearsals of trial counsel's opening statements, examinations, motions arguments, or closing arguments. SJAs also invoke this principle when they insist that RDLs and other equipment are brought to the field and that every division generates its standard products during exercises.

5.     
Train To Challenge. SJAs and other judge advocate leaders never apologize for the challenging training they plan and execute. OPLAW demands tough, realistic

training that challenges legal personnel physically and intellectually. Such training builds competence and confidence by developing and honing skills. It inspires excellence by giving each individual a glimpse of how daily activities fit into the broader mission and by fostering initiative, enthusiasm and eagerness to learn.

6.     
Train To Sustain Proficiency. The SJA section must always be ready to deploy; it must be vigilant not to "peak" and then have proficiency drop as time passes, skills decay, and new people replace experienced people.

7.     
Train Using Multi-echelon Techniques. Field Manual 25-100 tells us that "[tlo use available time and resources most effectively, commanders must simultaneously train individuals, leaders, and units at each echelon in the organization during training events." This principle not only demands that legal specialists perform individual tasks (e.g., disassemble and assemble M16 rifle, fill in the blocks of a nonjudicial punishment form) but also demands that the claims division and the entire SJA section perform collective tasks (e.g., process, investigate, adjudicate, and pay a foreign claim; administer the military justice system, etc.). Quality training exercises are so rare that leaders must make them count on many different levels.

8.     
Train To Maintain. The upkeep of equipment and weapons is as much a part of training as using the equipment expertly. Legal personnel routinely perform virus checks and

other diagnostics, change printer cartridges, and protect our equipment by ensuring that atl work areas are kept clean and dry. They frequently draw and maintain all of the tentage, vehicles, weapons, and equipment they will need in real deployments to a theater of operations.

9.     Make Commanders The Primary Trainers. Commanders are responsible for the training and performance of their units. They personally ensure that exercises are based on real world mission requirements, identify the applicable Army standards, assess the current level of proficiency, provide the required training resources, and develop training plans designed to create proficient individuals, leaders, and units. Similarly, SJAs-with command support-must be the primary trainers of their section.
4.5.2     Mission Essential Task Lists (METL)
Mission essential tasks are collective tasks in which an organization must be proficient to accomplish some portion of its mission in a theater. The Mission Essential Task List (METL) for an SJA section consists of the mission essential tasks on which the section focuses its training. The METL concept was conceived in recognition that units and organizations cannot achieve and sustain proficiency on every possible training task. "METL development" is not only applicable to corps and divisions and brigades; it also applies to subordinate elements, such as the staff, and-within
The METL development process then continues as the SJA and the DSJA help guide each of the separate division chiefs (operational law, claims, military justice, administrative law, civil law, legal assistance, international law)-to develop METLs for their elements. In addition, they guide the BOLTS in the development of the BOLT METLs. LSOiMSO commanders do the same for LSTs.
Throughout this process, S JAsDS JAs and LSOiMSO commanders mentor subordinates to ensure that the METLs and corresponding training objectives developed accurately reflect tasks that will be essential to mission accomplishment in wartime. Through leadership and personal example, they guarantee that METL development is a dynamic process and that all section training is directed toward METL tasks, conditions, and standards.
4.5.3 Planninp for Training.
Training Assessment. Once they have developed and received approval of a METL, SJAsDSJAs and LSOMSO commanders then conduct training assessments. They compare current proficiency with the standards listed for each mission essential task. They use all available evaluative material to make this comparison, to include consultations with the separate team chiefs. Then they develop a training strategy to achieve a "trained" proficiency level in each supporting collective subtask and individual task.
Legal Support to Operations

Throughout this process, they consult the commander's training guidance documents, which identify major training events.161 In this way, they are able to incorporate Combat Training Center rotations and other major exercises into the training plan.
Training Guidance. Soon after taking command, a commander issues command training guidance and an up- to-date long-range training calendar for the unit. The SJA and the DSJA present and receive approval of the SJA section METLs during the one of the quarterly training briefs or semi- annual training briefs early in the commander's tour. This same process applies to the METLs of the LSOsMSOs, as well as RC units with embedded judge advocate sections; however, the training briefs by which their METLs are reviewed and approved may be presented to their peacetime chains of command in addition to, or in lieu of, presentation to the their wartime gaining commanders.
Training briefs produce a training contract between commanders and SJA or LSOMSO commanders. The commanders provide resources and protect the SJA sections or LSOsMSOs from unprogrammed taskings. SJAs and LSOMSO commanders then lock in and execute approved training plans. This shared responsibility helps maintain priorities, achieve unity of effort, and synchronizes actions to achieve quality training and efficient resourcing.
The training briefing is a highlight of the commander's leader development program. It provides the commander an opportunity to coach and teach subordinates on the fine points of his
>     Assisting in the creation and supervision of military tribunals and other activities for the proper administration of civil law and order.
>     Assisting civil administration activities, including:
>     The establishment and operation of local judicial and administrative agencies.
>     The closing and reopening of local courts, boards, agencies, and commissions.
>     Defining the jurisdiction, organization, and procedures of local government institutions.

Legal Support to Operations Chapter 5 Legal Support in War
Whenever Amy forces are called upon to fight. they fight to win . Amy forces in combat seek to impose their will on the enemy … Victory is the objective. no matter the mission . Nothing short of victory is acceptable …
Field Manual 100.5. operation^'^^

In 1970. with all the [lst Cavalry Division] lawyers located at the division main headquarters. such activities as interviewing witnesses for trial. advising convening authorities located outside of Phuoc Vinh and. in some instances. actively conducting trials at firebases. required traveling by air. Additionally. troops normally did not come into headquarters for personal legal assistance or to file claims; judge advocates brought legal services to them … [Tlhanks to the division chief of staa Col. Edward C. Meyer. a helicopter was dedicated one-half day a week for use by the Amy lawyers . It was known as the "lawbird" on the days it flew .
Colonel Frederic L.Borch III
Judge Advocates in Combat'70
CONTENTS

THE LIMITS OF WAR …………………. PHASEDANDNESTED
OPERATIONS…………………………….

CONCEPT OF LEGAL SUPPORT
IN WAR ……………………………………..

Command and Control. Sustainment. Personnel Service Support ……………….. Command and Control ………….
Sustainment………………………… Personnel Service Supp~rt ……

THE CORE LEGAL DISCIPLINES
IN WAR ……………………………………..

Administrative Law ……………….

Claims…………………………………

. .
Civ~l Law ……………………………..

Military Justice …………………….

International Law ………………….

Legal Assistance ………………….
ORGANIZATION FOR WAR ………..

Theater Legal Structure ……… Army Service Component
Command………………………….

Command Posts ………………….. Judge Advocate Disposition …. Brigade Command and Control Facilities ………………

MATERIEL IN WAR …………………….

I TRAINING FOR WAR ………………….

.PAGE
5-25 1

5.1 THE LIMITS OF WAR
In war, military force is the state's primary means to achieve victory. Among the categories of conflict between states, war is the most violent and the most dangerous. A modem nation at war-because of the enormity of the resources engaged and the destructiveness of the means employed-will frequently perceive the war as "total" and "absolute."171 For those fighting it, war will appear to spell victory or 'defeat, with no middle ground between those stark alternative^.'^^
A commander leads his forces to military victory in war by practicing operational art. He directs attacks against enemy centers of gravity.'73 He and the enemy commander are both constantly looking for an edge, for the opportunity to gain and maintain the initiative. Often it is the side that can adjust most rapidly that will gain this edge and go on to win. The commander seeks to outthink the enemy commander and thus give United States troops the advantage over their foes. This is often a matter of giving the enemy commander more problems to solve in a given time than he and his organization can possibly handle. It is a matter of exhausting the enemy's options, breaking the coherence of his operation, and forcing him to fight on our terms. Finally, it is a matter of physically defeating or destroying him.'"
Throughout history, a defining feature of wars has been that they include periods of intense, armed combat; soldiers, sailors, airmen and marines physically defeating enemy units by killing enemy soldiers, sailors, airmen, and marines in battles. For the individuals involved, sometimes reduced to fighting with bayonets or their bare hands, war is totally consuming. It absorbs every ounce of energy, will, and stamina, with nothing left in reserve. In such circumstances, war is absolute. It is life or death.
Yet the popularized notions of "total war," "absolute war," and "unlimited war" are misleading. As Peter Paret, one of Clausewitz' modem interpreters, has written, "If war .were one short, uninterrupted blow; preparations for it would tend toward totality, because no omission could ever be rectified." But in reality war is always a longer or shorter succession of violent acts, interrupted by pauses for planning, the concentration of effort, the recovery of energy-all on the part of two or more antagonists, who interact. A variety of elements within the opposing societies, the "free will1' of the leadership, which may or may not conform to the objective realities, and the political motives of war, will determine the military objective and the amount of effort to be expended. "War is merely the continuation of policy by other
Thus, the term "unlimited war" does not accurately describe even prolonged large-scale conflicts in which forces suffer heavy casualties. To be sure, as Clausewitz says, war is "an act of force, and there is no logical limit to the application of that force." But "[iln the real world, the absolute is always modified …
Legal support in war involves the study and application of those limits our
Legal Support to Operations
government formally imposes on the waging of war. In conjunction with national policy, law regulates when, where, how, and against what commanders and soldiers we may employ weapons. Law creates the procedures and military courts by which good order and discipline are maintained within the force, within the ranks of captured enemy prisoners of war, and throughout occupied territories. Law ensures that supplies and equipment are procured in a manner that frustrates waste, fiaud, and abuse of public moneys. Law governs the mobilization of the reserve component. Lawful regulations articulate formal policies for everytlung from the taking of war trophies by United States forces to the conduct of official investigations. The law, even in war, continues to treat each soldier as an individual person, capable of drawing a Last Will and Testament, making contracts, incurring debts, getting married, paying child support, or filing an income tax return.
5.2     PHASED AND NESTED OPERATIONS
Military operations during war are not uniformly intense through time. This fact bears heavily upon the intensity of demand for the different functional areas and legal disciplines. The preconflict and postconflict phases of wartime operations will often resemble military operations other than war (MOOTW) in the character of legal issues generated.
Commanders use phasing because operational art requires them to shift emphasis fiom one operational category to another.'" For example, elements of the Third U.S. Army deployed to Saudi Arabia in 1990 primarily as a show of force to deter aggression against that country. The Third Army's operational focus shifted to the defense when enough forces arrived to make that possible. It shifted to the offensive when it launched a ground attack to destroy the Iraqi Army. Following the successful offensive, the Third Army's operational focus shifted to post-conflict operations designed to restore essential infrastructure in Kuwait. Branches and sequels in the plan account for the need to shift emphasis as a mission unfolds.
In addition to conducting different categories of operations over time, units sometimes conduct different categories of operations simultaneously. One headquarters may have subordinate units focused on different categories of operations, all operating in the context of the higher commander's intent. The larger the unit, the more this nesting of unlike operations is likely to occur. For example, a corps conducting offensive operations may have several brigade- sized units engaged in offensive operations while the rest of the corps conducts defensive operations. Some of its other units may be conducting support operations to aid battlefield refugees.
The smaller the unit, the more likely the entire force will focus on the dominant operation. A division conducting a mobile defense, for example, may employ one brigade to conduct delaying actions (defensive operations) ,and two brigades to strike the decisive blow (offensive operations). On the other hand, a company in the attack often employs all assets in the offense.

Some units may conduct roughly the same activities regardless of the category of operation they are conducting. This is particularly true for combat service support forces and certain combat support forces such as signal elements. Others may have to perform significantly different tasks. An infantry company conducting a movement to contact executes a different set of tasks than it does when conducting a disaster response.
In this regard, the distinction between war and MOOTW should not be relied upon by SJA sections to create two wholly separate approaches to training and operations. While large scale deployments to prosecute wars will more likely involve classic offensive and defensive operations, they will also frequently include stability and support operations. As the next chapter explains, stability and support operations, whether during war or MOOTW, may present particularly tough and sustained challenges to operational law assets.
5.3     CONCEPT OF LEGAL SUPPORT IN WAR
5.3.1     Command & Control, Sustainment, Personnel Service SIlDDort
Legal support in the preparation for and execution of war will cut across all three functional areas and vary in proportion throughout an operation. After the initial surge of personnel support during the mobilization and deployment of forces, the practice of OPLAW-the C2 and sustainment functions described in Chapter 3-in war will dominate the legal landscape. The issues are fast-paced, require constant situational awareness, and can affect a commander's options by expanding or limiting his courses of action. This is not to say, however, that legal personnel services are any less critical to providing legal support in operations. When delivered properly, legal personnel services may appear transparent to the commander. A loss of discipline, or morale failure where soldiers are overly concerned about problems at home, however, would not.
5.3.2     Command and Control (C2).

The American way of war is to employ overwhelming force at the decisive point, but it is also to respect legal limits. In order to achieve the former, commanders and staffs must know the precise extent of the latter. In the early phases of an operation (mobilization and predeployment), the SJA must deliver operational law advice by introducing information about the legal aspects of command authority and the legal limitations on war into the MDMP. Judge advocates serve as counselor, providing recommendations about how missions can be accomplished within the law and, frequently, dispelling misconceptions that a law or treaty precludes various effective courses of action. OPLAW JAs participate in targeting and information operations cells; implement, draft, and train soldiers on ROE; advise commanders on policies relating to conduct and discipline; ensure war plan compliance with the Law of War and
customary international law; and ensure soldiers have a basic understanding, in the treatment of non-combatants, protected markings, and other particulars of the Law of War.
Defining General Courts-Martial Convening Authorities both in the theater of operations and in garrison must be done early and with precision. Transferring pending actions to new or different convening authorities will require extensive technical channel communication. In split-based operations, commanders must decide to either leave their flag at the garrisons, take the flag command with them, or seek out a new rear provisional convening authority. Certainly in war, SJAs must plan on incorporating the reserve component into the convening authority process. In the future, federalized National Guard or United States Army Reserve Commanders may lead active component units into battle. Such an order of battle may necessitate Secretary of the Army action defining and designating new convening authorities such that the commander can ensure good order and discipline for all
U.S. forces under his command in theater.

As the Army moves through deployment and into offensive or defensive operations, judge advocates continue to provide critical sustainment and personnel service support. During actual combat operations, however, OPLAW JAs will focus most of their attention on C2 legal support-targeting, ROE, Information Operations (IO), dealing with enemy prisoners of war (EPW), use of mines, the applicability of the Chemical Weapons
Legal Support to Operations
Convention, fratricide investigations,
and so forth.
At the conclusion of or during extended pauses in combat operations, judge advocates will continue to provide legal support in all three functional areas. The main effort of legal support, however, will turn back to sustainment and personnel service support. -4fier the U.S.'s successful prosecution of armed conflict, commanders and judge advocates may have to deal with the enormous obligations that accompany the law of occupation or implementing international agreements or mandates that will follow conflict. Commanders can also again return their attention to taking care of soldiers and redeployment to home station.
5.3.3 Sustainment
The DoD Dictionary defines sustainment as "[tlhe provision of personnel, logistic, and other support required to maintain and prolong operations or combat until successful accomplishment or revision of the mission or of the national ~bjective."'~~ This is the second prong of operational law. For legal support to operations, sustainment includes legal issues that cut across most of the legal disciplines. Like C2, failure to recognize and resolve-proactively if possible-sustainment issues can limit a commander's options on the battlefield. Complicating virtually every aspect of sustainment is the joint and multinational nature of modem military operations. The very presence of multiple coalition partners spread across several sovereign states, requires commanders and judge advocates to look at sustainment issues not only from an international law perspective, but also in light of the often restrictive domestic law.

During all phases of an operation, OPLAW JA must know and understand the privileges and immunities that exist or do not exist for U.S. forces and the civilians that accompany the force. War plans may call for Intermediate Staging Bases stretching across several international boundaries, command posts in various countries, or deployment directly into a hostile territory. In all of these cases, judge advocates must seek out and understand applicable Status of Forces Agreements, Stationing Agreements, of other applicable treaties or international agreements. Moving personnel and supplies into the theater of operations may require multiple transiting agreements.
Even though fiscal and contract constraints in war will be less onerous than in Military Operations Other Than War (MOOTW), U.S. domestic law is not waived. Even in war, commanders are still stewards of taxpayers' money and subject to strict scrutiny-sometimes long after the end of hostilities. In virtually any theater of operations, commanders will need immediate contracting capability to hire local nationals and purchase items such as water, fooci, iumber, fuel, and lubricants. Coalition partners may require extensive support from U.S. forces, thus creating a need for Acquisition and Cross-Servicing Agreements (ACSAs). Every judge advocate, regardless of the type of operation, must have an understanding of what money is available, when, and for what purpose. With reliance on today's Logistics Civil Augmentation Program (LOGCAP), and contractors on the battlefield, commanders must address everything from their status on the battlefield to handling discipline with a large civilian force. Before deployment, OPLAW JAs must develop a foreign claims process that will protect both the U.S. and the claimant. Judge advocates must help the commander resolve issues concerning federalizing National Guard forces, mobilizing the USAR, and dealing with non-governmental and private organizations in the theater of operations.
5.3.4 Personnel Service Susport

There can be little doubt that the main effort of legal support to operations during mobilization and predeployment lies with the routine administration of military justice and the provision of legal assistance through Soldier's Readiness Programs. While the nuts and bolts of the administration of justice or the provision of legal assistance services may remain in abeyance during offensive or defensive operations, the limited character of war implies an important role for deployed lawyers serving as judges in courts-martial or within the context of other proceedings and procedures. It also implies an important role for lawyers serving as advocates for the Army or for individual soldiers charged with crimes or in need of personal legal assistance.
While the operational law support during the early phases of an operation are critical to the success of the mission, proactive work in the administration of
Legal Support to Operations
justice will ensure that the foundation of the American Army-good order and discipline-is scrupulously managed allowing commanders. to fight and win our nations wars.
While still at home station, whether this is from a CONUS or OCONUS installation, legal assistance services for our soldiers and family members will consume the majority of judge advocate resources. In recognition of the importance of legal assistance to the deploying force, the Army is committed to ensuring that every soldier that needs or desires a Last Will and Testament or Power of Attorney has one. Answering questions about taxes, providing legal help for family members during deployment, participating in the set up and success of the command's family support group network, and helping reserve component soldiers with legal issues arising from mobilization are just a few areas that encompass legal support to operations during mobilization and deployment. The delivery of these key and essential services result in enhanced soldier morale as our soldiers worry less about concerns at home. This immense amount of work will occur only through the extensive legal support provided by the reserve component. While the Legal Support Organization (LSO) has a warfighting mission and will primarily deploy with the Staff Judge Advocate into the theater of operations, the Mobilization Support Organization (MSO) will provide "surge support" legal services to mobilization stations during all phases of the operation (mobilization, predeployrnent, deployment, combat operations, post- conflict, and redeployment). They provide this support by supplementing
the capabilities of their installation legal offices, as augmented under their MOBTDAs and by the judge advocate sections or assigned GSUs. Furthermore, they will provide supplemental legal services to other installation legal offices in support of their area responsibilities to provide legal services to the dependents of deployed AC mQRC soldiers Finally, they will provide legal services at other locations, such as STARC offices and ARNG installations, RSC offices and installations, and elsewhere.
5.4     THE CORE LEGAL DISCIPLINES IN WAR
Contrary to the popularized notion that legal complications wither away during wartime, unit histories and after- action reports attest that issues will arise in all six core legal disciplines. Perhaps the only generalization that may be stated about legal support in wartime, particularly OPLAW, is that a number of legal provisions in diverse disciplines will become clearly applicable without the need for drawing elaborate analogies that is present during many MOOTW. This is so because these provisions hinge on the existence of "war" or "combat" or "international armed conflict," though the legal definitions of these and related terms vary from document to document. It remains useful for judge advocates to use the legal discipline structure as it enhances professional educational training and reflects the most efficient delivery of legal services in the garrison environment. A unique characteristic of being a judge advocate is that the legal mission continues, both in garrison and the deployed environment.
5.4.1 Administrative Law
Administrative separations, conscientious objector applications, implementation of general orders, the handling of war trophies, official investigations into fratricides and other incidents, and distribution of medical care are among the many issues that will arise.
5.4.2 Claims
While claims arising from damage occumng as a result of combat will not generally be cognizable, claims nevertheless may still be payable in some circumstances under the Foreign Claims Act, the Military Personnel Claims Act, and a variety of other statutes and international agreements. Prompt and correct processing, adjudication, and payment of foreign claims will be necessary to maintain good will toward United States forces by local civilians.
5.4.3 Civil Law

Unless provisions are exempted or relaxed, the Federal Acquisition Regulation (FAR) still applies, including rules concerning full and open competition. Similarly, the basic fiscal controls on appropriated funds-namely those constraining availability of appropriations as to purpose, time, and amount-still apply. Environmental considerations will include documenting environmental conditions and changes thereto in areas of operations, reporting improper modification of environmental conditions as a method or means of warfare, and ensuring environmental safety and integrity for the well being of soldiers.
5.4.4 Militarv Justice
The need for an efficient and just disciplinary system will never be more urgent than in war. This core competency of OPLAW JAs will be heavily practiced, as non-judicial punishment, courts-martial of all types, and perhaps even military commissions will be convened. The "time of war" provisions of the Uniforrn Code of Military Justice will be in effect, increasing the feasibility of courts-martial in forward areas.
5.4.5 International Law
Common Article 2 of the four Geneva Conventions will be triggered by the state of "international armed conflict" that exists during a true war. This will cause a great number of provisions in the law of war to become clearly applicable to the conduct of United States and enemy forces. Commanders and staffs will require interpretations of many nuances of the law of war as they relate to the targeting of objectives and the treatment of the wounded and sick, captured prisoners, and civilians. Soldiers will directly apply the "soldier's rules" which they learn in basic training.179 Although the law of war, and in some circumstances United States military law, will displace portions of the law of the foreign country where our forces have deployed, most of the default legal rules will be those of the foreign country. If the United States is fighting the war within a coalition, domestic legal issues associated with security assistance will
Legal Support to Operations
likely arise. War Powers Resolution reporting may be necessary. Other federal statutes, executive branch materials, and court decisions relating to national security may be applicable.
5.4.6     Le~alAssistance
United States soldiers in war will continue to hail from all fifty states and the Temtories. They will continue to require wills and to face taxation, divorces, indebtedness, child custody and support disputes, and a wide range of lawsuits, many of these aggravated by long deployment. Some reserve component soldiers will be wrongly fired by employers. Legal assistance attorneys will use a wide variety of tools available under federal and state law on behalf of their soldier-clients.
5.5 ORGANIZATION FOR WAR
5.5.1     Theater Le~al Structure
As discussed in detail in Chapter 4, the Theater SJA distributes available legal resources to facilitate delivery of the full spectrum of legal services. The SJA achieves economies of scale and specialization and maintains the flexibility to shift priorities of legal
Component Command (ASCC), the theater army area commands (TAACOMs) or theater support commands (TSCs), area support groups (ASGs), Army special operations commands, and other units and functional commands (e.g., personnel commands, medical commands, engineer commands, etc.) in theater.
Legal support to operations will take place during war within a theater. A unified combatant commander in chief (CINC) will command all United States forces in the theater and may also serve in a separate capacity as the commander of multinational forces. The CINC, through his SJA or legal advisor, will also establish policy for the employment of all operational legal assets in the theater, which are typically assigned, attached, or serving in direct support of several different echelons.
The CINC has this policy-setting authority as a matter of law, but the underlying rationale is rooted in an age-old principle for effective warfighting. This principle is known as unity of command; it holds that forces should be under a single responsible commander with the requisite authority to direct all forces in pursuit of a unified purpose.'80
5.5.2     Armv Service Com~onent Command
The CINC's legal advisor will coordinate closely with the TJAGs of the separate services, with the SJA for the ASCC, and with the SJAs for the corps and divisions within the ASCC to devise a concept for employment of operational law resources. With the exception of providing trial judges and trial defense counsel-which are detailed centrally from USALSA-the SJA sections for the divisions within the ASCC are responsible for practicing operational law and providing legal support to operations across all legal disciplines in assigned geographic areas.
5.5.3 Command Posts
The practice and delivery of operational law in a division requires understanding of the command post (CP). The CP of a division is the principal facility employed by the commander to command and control combat operations. A division's command post is frequently spoken of in the singular, but a division commander normally deploys his command post in three echelons or facilities. These are the tactical command post, the main command post, and the rear command

post. Note, emerging doctrine in the Force XXI digitized divisions may use only two command posts-a tactical command post (sometimes referred to as the DTAC or TAC1) and a main CP. Both of these CPs are larger than their Anny of Excellence Division tactical CP and main CP counterparts. The digitized division, however, may have no rear CP. Judge advocates in command posts provide operational law support and provide or facilitate support in core legal disciplines required to sustain the organization, as described in Chapter 3.
CPs are organized and set up to operate on a 24-hour basis. This includes operating while displacing. Shifts must be established that provide enough personnel to operate the CP and also the required expertise to make decisions. There should not be a "first team" and "second team" approach. Both shifts must be capable of efficient CP operation. Command group personnel are not included in the shifts.
The shift officer-in-charge (0IC)-also referred to as the "battle captainM– is the focal point for information management. He controls all information going in and out of the command post. In addition to managing informational flow, the battle captain is responsible for updating the current operations, maps, and charts. To accomplish his duties, the OIC must have guidance from the commander, XO, and S-3, a thorough knowledge of the TAC SOP, current orders, the synchronized matrix, execution checklist, and other command and control tools, and subordinate unit plans and graphics. The shift OIC is assisted by the shift noncommissioned officer-in- charge (NCOIC). The shift NCOIC supervises all updating of maps and charts to ensure all information is exchanged. He supervises monitoring radios and maintenance. He ensures journals are properly prepared and prepares all reports for the OIC's approval.
The tactical CP (sometimes called "TAC CP;" or, in rapidly deployed divisions, the "Assault CP;" or in Airborne and Air Assault Divisions the Joint Airborne and Communications Center Command Post, or JACCICP; or as TACl in the Digitized Division) is the forward echelon of the Division's CP. The concept behind the TAC CP is that it is close to the brigade commanders' CPs so that the division commander can directly influence current operations. The rule of thumb is that the TAC CP should be within FM radio range of the committed brigades. The Assistant Division Commander for Maneuver (ADC-M) normally leads the TAC CP. This is a lean apparatus,
Legal Support to Operations
typically consisting of about a dozen officers and a few NCOs operating out of a few vehicles or tents.''' Judge advocates in the TAC CP provide advice regarding ROE, LOW, and other OPLAW matters. They also maintain situational awareness to identify and resolve legal concerns before they become distracters.

The main CP is the primary division CP. Whereas the TAC CP focuses on commanding and controlling current operations, the main CP focuses on sustaining current operations and on planning future operations. It should be located out of enemy medium artillery range so that the enemy must take a special effort to knock it out if it is able to find it. The officer in day to day charge of the main CP is the Division Chief of Staff. The Division Commander normally commands from the main CP, though he will frequently travel to the TAC CP, to the rear CP, to subordinate unit CPs, or wherever he can best exercise his will. The main CP is a much bigger operation than the TAC CP, consisting of more than 50 officers, NCOs, and enlisted soldiers. The Division Headquarters Company moves the main CP when it has to move, and it secures the main CP from attack. The Digitized Division's Main CP, while having various cells to include an Jnformation Operations cell, can be an extended distance from the DTAC or TAC1 making appropriate mobility and communication capabilities a must to maintain situational awareness.
The rear CP focuses on everyttung else-essentially the massive job of sustaining current and future operations-and remains prepared to control current operations if the TAC CP or main CP cannot function. The rear CP's main concerns are synchronization/direction of combat service support; terrain management; security of the rear area; and movement of tactical units, personnel, mail, and logistics. The Assistant Division Commander for Support (ADC-S) normally leads the rear CP, which is collocated with the CP of the Division Support Command (DISCOM), the brigade-sized element dedicated to logistical support of the division. The rear CP is in the division's rear area, though this does not imply it will be spared enemy attack. To the contrary, a division's rear area contains many of the division's most lucrative targets. The rear CP does not exist in the Digitized Division.
5.5.4 Jud~eAdvocate Dis~odtion
Frequently, when direct, immediate legal advice is required, the OPLAW JA will deploy with the TAC CP (or, in rapidly deployable divisions, with the assault CP). Division commanders will elect to use an augmented TAC CP or assault CP when split-based operations are necessary. Split-base operations involve a forward and a rearward CP separated by great distances and linked by reliable communications. These communications enable the passing of staff work electronically from a secure area (the location of the rearward CP) to a combat zone (the location of a forward CP) and back again. The forward and rearward CPs are designed based on METT-TC by beginning from the TAC CP/ assault CP and rear CP models and then dividing functions from the main CP model. When the TAC CP is thus augmented, the OPLAW JA frequently deploys with it. In the digitized division, OPLAW JAs are positioned in the DTACITACl to render immediate OPLAW advice, particularly within the C2 function.

As a general rule, however, Army doctrine for division operations locates the OPLAW JA in the main CP. Because the Division Commander normally commands the division from the main CP, the SJA will locate himself there, with the OPLAW JA. The SJA and the OPLAW JA will normally divide operational law duties in the main CP, which include participation in the Deep Operations Coordination Cell (DOCC).
Each of these judge advocates is a member of the DOCC, which identifies and plans attacks on deep, high-payoff targets and whose members include the Division Artillery (DIVARTY) Commander, the Deputy Fire Support Coordinator (DFSCOORD), the Deputy G-3 for Plans, and a G-2 representative. Within the main CP, these judge advocates will locate themselves with the G-3 plans element. Note, emerging doctrine may push the DOCC forward to the TAC CP; this would require a judge advocate in the TAC.
OPLAW duties in the main CP (or, when appropriate, in the TAC CPI assault CP) involve the counselor function and the core legal disciplines supporting the command and control, and sustainment of battlefield operations. Judge advocates provide legal support to combat service support and personnel service support operations from the rear CP or other support location. The SJA and CJA introduce relevant operational law considerations into DOCC planning and the MDMP by interpreting ROE.
The DOCC uses a methodology known as decide-detect-deliver-assess. This methodology is explained in detail in Field Manual 6-20-10, Tactics, Techniques, and Procedures for The Targeting Process.182 This manual is essential reading for the OPLAW JA and SJA.
The bulk of the SJA section deploys with the combat service support cell of the rear CPlg3 The SJA will position himself with this element as necessary to ensure the provision of professional legal services, but the DSJA normally supervises the performance of legal duties in the rear CP (or sustainment cell). These duties comprise both OPLAW functions (C2 and sustainment), personnel service support, and all six legal disciplines. While all legal personnel in the SJA section must be capable of resolving issues across this entire range of duties, the practice and delivery of OPLAW from within the combat service support cell will be marked by significant division of labor. The volume of legal issues arising and the number of judge advocates available will compel and permit particular judge advocates to concentrate on certain functions and disciplines. In this way, the section will take advantage of special expertise of judge advocates.
The remainder of the division SJA section deploys with the command posts of subordinate brigades, brigade-sized commands, or separate battalions. The SJA will determine which subordinate commands are directly supported by judge advocates serving as Chiefs of Brigade Operational Luw Teams (BOLTs). In making this determination, the SJA will consider ME'IT-TC and the principles of tailoring in Chapter 2. BOLTs are discussed later in this chapter.
Army Service Component Command. The Army Service Component Command (ASCC) OSJA structure must be tailored to support C2, sustainment, and support operations for the deployed force. Army legal personnel serve at several levels within a theater. The Army Service Component Command (ASCC) includes an SJA section. The corps, divisional, and separate brigade commands subordinate to the ASCC also include SJA or CJA sections, or BOLTs, as do various supporting theater army area commands (TAACOMs) or theater support commands (TSCs), area support groups (ASGs), Army special operations commands, and other units and functional commands (e.g., personnel commands, medical commands, engineer commands, etc.) in theater. The SJA is the senior judge advocate in the ASCC. The SJA is assisted by the DSJA, other judge advocates, a legal administrator (warrant officer), the CLNCO, and legal specialists. Judge advocates are also located in theater command, group, regiment, and brigade headquarters. Legal specialists are also located in theater command, group, regiment, brigade, and battalion or squadron headquarters. Continuous, reliable communication networks, both secure and non-secure, and RDL linkages with the tactical command and control network and the unclassified Internet (including LAAWS) are essential to provide legal support
Legal Support to Operations
throughout the theater. Accurate and timely OPLAW advice to the commander depends on tactical communication linkages. For example, in a digitized headquarters, operational attorneys must have immediate access to MCS-Phoenix. Judge advocates must be diligent to comply with information and operational security requirements when using these resources.
The ASCC SJA is a member of the ASCC commander's personal and special staffs. The TAACOWTSC SJA is the senior JA within that structure and a member of the TAACOWTSC commander's personal and special staff. In their respective organizations, they provide advice on all aspects of law and military operations. They supervise the delivery of legal services throughout the theater of operations and are a technical channel conduit. The SJA requires dedicated transportation assets/support to perform these funpions throughout the area of operations.
Judge advocates in the ASCC's Early Entry and Operations/Intelligence Modules support the commander and staff in the conduct of military operations. On a twenty-four (24)-hour per day basis, they integrate proactive legal support into all aspects of the conduct of operations. They support current operations and plans. Judge advocates in the TAACOWTSC Early Entry Module (EEM) provide similar support to TAACOWTSC early entry operations. This includes the critical role of providing legal review and advice for contracting actions.
Judge advocates in the ASCC Main Module provide specialized legal knowledge, training, and experience in support of theater-wide operations. They provide centralized services, along with any additional support requirements unable to be filled by judge advocates located in subordinate units. Judge advocates of the TAACOM/TSC provide similar support throughout the TAACOMITSC and its subordinate units. Judge advocates in the ASCC Rear Module support rear operations and assist contracting officers in the theater rear.
Legal specialists in the ASCC and TAACOWTSC headquarters work in support of the SJA section and OPLAW JAs. They work under the supervision of judge advocates, collect information, conduct research, and prepare documents. They support judge advocates and commanders and assist in the delivery of legal services. Some legal specialists are specially trained court reporters, who compile verbatim records of judicial and other proceedings. The CLNCO supervises and trains legal specialists throughout the theater of operations. Legal specialists in battalion, squadron, group, regiment, and brigade headquarters provide professional and ministerial support of legal actions. Under the supervision of judge advocates, they provide the critical forward assistance for the judge advocates and facilitate the delivery of legal services and the judge advocates' legal advice.
Corps. The SJA is the senior judge advocate in the corps. The SJA is assisted in the corps headquarters by the DSJA, other judge advocates, a legal administrator (warrant officer), the CLNCO, legal specialists,, and JAGC civilian personnel. Judge advocates support the corps support command (COSCOM), and each group, regiment, and separate brigade headquarters. METT-TC dependent, the SJA can task organize legal support below separate brigades. Legal specialists support each group, regiment, separate brigade, and battalion or squadron headquarters. Continuous, reliable communication networks, both secure and non-secure, and RDL linkages with the tactical command and control network and the unclassified Internet (including LAAWS) are essential to provide legal support throughout the theater. Accurate and timely OPLAW advice to the commander depends on tactical communication linkages. For example, in a digitized corps, OPLAW JAs must have immediate access to MCS-Phoenix. Judge advocates must be diligent to comply with information and operational security requirements when using these resources.
The SJA is a member of the corps commander's personal and special staffs. The SJA provides legal advice to the commander on all aspects of law and military operations. The SJA supervises the delivery of legal services throughout the corps and exercises operational control over all JAGC personnel assigned to the corps. The SJA provides technical supervision and provides support as necessary to division, separate brigade, and armored cavalry regiment judge advocates within the corps. The SJA exercises operational control over additional legal assets, legal organizations, or legal teams that are assigned to the corps area, except military judges who perform independently under the U.S. Anny Trial
Legal Support to Operations
Judiciary, and Defense Counsel who perform independently under the U.S. Army Trial Defense Service. The SJA task organizes legal assets to provide responsive legal support throughout the corps areas of operation, and as far forward on the battlefield as necessary. The SJA requires dedicated transportation assets/support to perform these functions throughout the area of operations.

The DSJA acts for the SJA, administers the full range of legal services throughout the area of operations, mentors legal personnel, supervises legal operations in the Army of Excellence Corps Rear Command Post, or at other separate locations, and plans collective training.
Judge advocates in the corps tactical command post advise the corps commander and the battle staff on legal issues associated with the conduct of military operations. On a twenty-four hour per day basis, they integrate proactive legal support into all aspects of the conduct of operations.
Judge advocates located at the corps main command post provide specialized knowledge, training, and experience in support of corps-wide operations. They provide operational law and core legal discipline support at the main CP. They support group, regimental, command, and brigade judge advocates.
Judge advocates in the corps G3 plans and operations sections, information operations, or other operational cells provide legal advice and assistance in support of plans, targeting operations, and current operations in the corps main command post.
Judge advocates at the Army of Excellence corps rear command post, or other support location, provide specialized knowledge, training, and experience in support of corps rear operations. They are prepared to assume the mission of the corps main legal section. They provide centralized legal services relating primarily to personnel support operations, but they also assist the SJA with C2 and sustainrnent legal support as required.
Legal specialists in the corps headquarters work in support of the OSJA and OPLAW JAs. They work under the supervision of judge advocates, collect information, conduct research, and prepare documents. They support judge advocates and commanders and assist in the delivery of legal services. Some legal specialists are specially trained court reporters who compile verbatim records of judicial and other proceedings. The CLNCO supervises and trains legal specialists throughout the corps.
Judge advocates in the COSCOM, group, regiment, and separate brigade headquarters provide legal support to the commanders in all functional areas (to include subordinate commanders at all levels), staffs, leaders, and soldiers of the unit. In addition to OPLAW duties, the COSCOM judge advocate may be tasked to provide or coordinate for contract law advice in support of the COSCOM.
Legal specialists in the COSCOM, group, regiment, brigade, battalion, and squadron headquarters support the processing of legal actions. Under the supervision of judge advocates, they provide the critical forward assistance for the judge advocates and facilitate the delivery of legal services and the judge advocates' legal advice.

Division/Separate Brigade/Armored Cavalry Regiment.
The division SJA section is the lowest-echelon, organic, full-service element of legal support to operations. It is modular-capable of being tailored to provide legal support for specific missions that may be undertaken during a war. It also features significant synergy-a product of bringing together diverse, techcally skilled legal professionals and providing them the informational and legal research infi-astructure necessary for tackling complex legal issues.
Each division receives the organic full- service operational legal support of a complete SJA section because divisions are depended upon. to fight battles and engagements (the tactical level) in such a way as to achieve success at the operational level. An Army corps is two or more divisions. An Army division is a unit that combines in itself the necessary arms and services required for sustained combat.
There are different types of divisions-armored, mechanized, light infantry, airborne, and air assault, -and not all of these types are exclusive. For instance, airborne divisions are capable of all missions assigned to light infantry divisions.
The essence of a combat division is that it trains and fights as a team, and it has the necessary equipment to fight for a significant time.. Although Army doctrine designates the corps as the largest tactical organization, the division is the largest organization that regularly trains as a team. A typical light infantry division has three infantry brigades (each comprising three battalions), an aviation brigade, a brigade-sized artillery element, a brigade-sized logistical support element, and a number of separate battalions. In rough terms, it consists of about 18,000 soldiers equipped with rifles, machine guns, mortars, anti-tank missiles, bridging equipment, air defense missiles, artillery tubes, helicopters, and other weapons and equipment.
A typical mechanized infantry division has two mechanized and one armored brigade (sometimes referred to as "maneuver brigades"), an engineer brigade, an aviation brigade, a brigade- sized artillery element, a brigade-sized logistical element, and a number of separate battalions. The maneuver brigades will include, as a whole, five mechanized and five armored battalions, task organized by the division commander according to METT-TC. A typical armored division features the same capabilities as the mechanized infantry division except that it has two armored brigades and one mechanized brigade. These maneuver brigades in the armored division will include, as a whole, six armored and four mechanized battalions task organized into brigades according to METT-TC.
This manual focuses on division SJA section deployment during war or other
Legal Support to Operations
prolonged operations because the division is the focus of Army warfighting doctrine. However, the division SJA section model also provides a guide for achieving the proper balance of modularity and synergy in SJA sections that support corps, TAACOMsITSCs and other large commands. Although military operations other than war (MOOTW) sometimes require the deployment of entire division SJA sections, military operations in war invariably require such deployment. In war, the division SJA is the ultimate practitioner of OPLAW. He positions himself at all times to support the division commander, who must constantly strive to link the employment of soldiers and materiel to strategic aims. The division SJA organizes the section as necessary to provide professional legal services at all subordinate echelons of command.
The SJA is the senior judge advocate in the division. The SJA is assisted in the division headquarters by the DSJA, other judge advocates, a legal administrator (warrant officer), the CLNCO, and legal specialists. Judge advocates support each brigade to include the division artillery (DIVARTY), the Engineer Brigade, and DISCOM headquarters. Legal specialists also support each brigade, battaIion, or squadron headquarters. Continuous, reliable communication networks and RDL linkages to C2, sustainment, and support systems and LAAWS are essential to provide legal support throughout the division. Particularly in digitized divisions, where brigades may have extraordinary lines of communication, brigade judge advocates must be prepared to provide all functional areas of legal support across all six legal disciplines. For this to occur, the OPLAW JA must have access to the commander and continuous secure and non-secure communication and automation capabilities. Judge advocates must be diligent to comply with information and operational security requirements when using these resources.
The SJA is a member of the division commander's personal and special staffs. The SJA provides legal advice to the commander on all aspects of law and military operations. The SJA supervises the delivery of legal services throughout the division and exercises operational control over JAGC personnel assigned to the division and its subordinate units. The SJA requires dedicated transportation assets/support to perform these functions throughout the area of operations.
The DSJA is normally the second most senior judge advocate. The DSJA acts for the SJA, administers the full range of legal services throughout the area of operations, mentors legal personnel, supervises the brigade judge advocates, and plans collective training.
Judge advocates in the OSJA provide specialized legal knowledge, training, and experience in support of division C2, sustainment, and support operations. They provide centralized services and augment brigade judge advocates. The JAGC provides OPLAW support and comprehensive legal services in core legal disciplines throughout all phases of military operations. Mission, enemy, terrain, troops, time available, and civilians (METT-TC) impact the precise location for delivery of services. OPLAW support is provided as part of an overall plan for delivery of comprehensive legal services. OPLAW support is generally provided at the division tactical operations center, division G-3 plans and operations sections, division information operations cell, targeting cell, and each brigade headquarters. Based on mission requirements, OPLAW support may be provided to battalion and smaller-sized organizations.

Legal specialists in the division headquarters work in support of the SJA and OPLAW JA. They work with, and under the supervision of, judge advocates, ,collect information, conduct research, and prepare documents. They support judge advocates and commanders and assist in the delivery of legal services. Some legal specialists are specially trained court reporters who compile verbatim records of judicial and other proceedings. The CLNCO supervises and trains legal specialists throughout the division.
Judge advocates in the division's TAC CP advise the division commander, the assistant division commander, and the battle staff on legal issues associated with the conduct of military operations. On a twenty-four (24)-hour per day basis, they integrate proactive legal support into all aspects of the conduct of operations.
Judge advocates in the division G3 plans, operations, or information operations sections provide legal advice and assistance in support of plans, ROE, targeting operations, and current operations in the division main CP. The commander or SJA may task organize his judge advocate support to optimize situational awareness, such as providing dedicated legal support to the emerging information operations (10)cell.
Legal Support to Operations

TACl /DTAC
2 JAs (12 Hour Shifts) in DOCC 1 MCS Terminal
DIVISION MAIN
Sustainment Cell: SJA, Legal Admin (cW3)~ CLNCO 6 JAs: Chfs, LA, MJ, AdAnt'l Law 2 MCS Operators (71 Ds) 3 Plans/Exercises Cell (PLEX): 9 71 Ds
Figure 5-1
The above diagram depicts one model of judge advocate organization to support provide legal support to the emerging digitized division. Judge advocates are task organized to maximize situational awareness given the potentially enormous division battlespace made possible by technological advances. Note that the BOLT may be hundreds of kilometers from the Division Main.
Office of the Staff Judge Advocate 1st Brigade Army of Excellence Division 3d Brigade
1JA, 1NCOlC (71 D) NColC (71D) 3-5 Bn 71 Ds 2d Brigade 3-5Bn 71 Ds
1JA, 1NCOlC (71 D)
3-5Bn 71Ds

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

Division Support CMD -Engineer Brigade (DISCOM) Division Main 1JA, 1 NCOlC (71D) 1 JA, 1NCOlC (71D) SJA + 2 JAs 3-5 Bn 71 Ds 3-5 Bn 71 Ds 2 71Ds
Division Rear
DSJA
7 JAs: DSJA, Chiefs of Operational Law, Claims,
Intn'l Law, Admin Law, Legal Assistance, Military Justice
1Legal Administrator (Warrant Officer), 1Chief Legal NCOIC, 22 71 Ds

Figure 5-2
Another model of judge advocate organization based on the Army of Excellence.
Legal Support to Operations

The Brigade Operational Law Team (BOLT). The SJA task organizes OPLAW support to commanders, staffs, and soldiers of a brigade combat team (BCT) or brigade task force. The SJA identifies early, the Brigade Judge Advocate, who serves as Chief of the BOLT. This judge advocate is usually the trial counsel for that brigade while in ganison. The BOLT also includes the legal specialists assigned to the supported BCT. The legal issues facing brigade judge advocates may extend across the full spectrum of OPLAW and the core legal disciplines. Although it is trained and equipped to identify issues across all three functional areas and the six disciplines of legal support to operations, the challenge for the BOLT is always to achieve requisite synergy to resolve complex legal questions within particular disciplines. Often, this synergy can be achieved only by communicating with the division SJA section and other judge advocates in technical channels.
The division SJA, in consultation with the DSJA, determines which subordinate units within the division will be directly supported by BOLTs. The SJA considers METT-TC in making this determination, paying particular attention to the likely complexity and volume of legal issues the subordinate unit will face and to the ability of the unit to receive OPLAW support from assets located with division command posts. The legal specialists that comprise the BOLT are under the supervision of the brigade judge advocate and provide the critical forward assistance for the brigade judge advocate and facilitate the delivery of legal services across the brigade combat team. The provision of timely and accurate legal support requires the combined team of the legal specialist and the brigade judge advocate. There are instances, however, when a brigade judge advocate is required to support more than one brigade. Further, a judge advocate deploying with the brigade may have requirements to support other organizations within the area of operations. These variables emphasize the brigade judge advocate's need for mobility and cornmurlication capability.
The DISCOM BOLT should have training or experience in contract law. In addition to other legal duties, the DISCOM brigade judge advocate may be tasked to provide or coordinate for contract law advice in support of the DISCOM.
Judge advocates and legal specialists serving in BOLTs must understand the capabilities and role of brigade-sized units in the Army. The brigade is the first unit in the infantry or armored soldier's upward chain of command that includes a full range of soldiers who do tasks very much different from his own. A brigade task force includes interrogators, counterintelligence operatives, attack helicopter pilots, howitzer crew chiefs, Marine Corps air and naval gunfire liaisons (ANGLICO), heavy anti-tank weapon gunners, bulldozer operators, air defense gunners, fuel bladder technicians, engine repairmen, water purifiers, ambulance drivers, physicians, and graves registrars. The brigade is the smallest unit in the Army that must integrate all of the seven battlefield operating systems-intelligence, maneuver, fire support, mobilitylsurvivability, air
defense, combat service support, battle command-into a potent whole. Brigade task forces that deploy with BOLTs and brigade surgeons are also the smallest units in the Army that have their own legal and medical professionals in the field. For a more detailed explanation of brigades and how they are organized and fight, see, e.g., DEP'TOF ARMYFIELD MANUAL 7 1 -3, THE ARMOREDAND MECHANIZED INFANTRY (8 Jan. 1996); DEP'T
BRIGADE OF ARMY FIELD MANUAL 71-123, TACTICS AND TECHNIQUESFOR COMBINED ARMS HEAVY FORCES: ARMORED BRIGADE, BATTALION TASK FORCE,AND COMPANYTEAM (30 Sep. 1992).
The BOLT must be present in the TOC or TAC, have access to the commander, and have the training, mobility, secure communications and equipment to provide the right answers at the right time and place. Legal support to operations contributes to several other battlefield operating systems in addition to combat service support. The most prominent of these is the command and control system, but intelligence, maneuver, fire support, mobility1 countermobilityl survivability, and air defense also require OPLAW support. In serving within these other systems, the BOLT must be prepared both to identify and resolve the full range of legal issues-across the legal functional areas and core legal disciplines-by inserting sound analysis and recommendations into the brigade's MDMP.
Legal support to operations must be managed with careful attention to what can and must be done at each echelon of command. Accordingly, the BOLT cannot and does not attempt environmental litigation, legal representation in foreign legal systems, review of high dollar-value contracts, convening of general courts-martial, conclusion of international agreements, drafting of inter vivos trusts, review of Foreign Military Sales cases and other highly technical services. The BOLT seeks to practice preventive law and to identify the full range of legal issues that need to be raised to higher echelons.
5.5.5     Brigade Command and Control Facilities
Judge advocates serving as Chiefs of BOLTs must understand the brigade command and control facilities. They are adept at obtaining information from the flow of messages into and out of these facilities, at inserting important information into that flow, at helping the brigade staff determine what ingredient the decision process needs, and in supplying the needed ingredient.

The brigade has four types of command and control facilities: the command group, the tactical CP, the main CP, and the rear CP. Like the command posts discussed at division level in Chapter 5, the brigade CP must be able to ensure that the commander is continually abreast of the developing situation that subordinate commanders are provided with the means to accomplish their assigned missions.
The brigade command group is a temporary organization consisting of the brigade commander and other soldiers and equipment required to perform command group functions. The primary
Legal Support to Operations

function of the command group is to influence the immediate action through the commander's personal presence. Other functions include observing the battlefield, synchronizing the battle, and providing planning guidance. The command group moves forward from the tactical CP. The command group sometimes operates from a command and control helicopter.
The tactical command post (TAC CP) fights current close operations, provides the commander with combat critical information, and disseminates the commander's decisions. It is supervised by the brigade S-3 and is usually as far forward as the battalion main CPs. The TAC CP should strive to have redundant abilities in personnel and equipment at the main command post.
The main command post monitors the current battle, executes planned deep attacks, and plans future operations. It coordinates operations throughout the brigade sector and keeps higher headquarters informed. It is supervised by the brigade executive officer (XO) and includes staff personnel representing all facets of brigade operations. The tactical operations center (TOC)is the operations cell within the main command post.
The forward support battalion (FSB) commander supervises the rear command post, which is collocated with the forward support battalion CP. The rear CP is responsible for administrativeflogistic functions. The rear CP or the direct support artillery battalion main CP is usually designated as the brigade alternate CP. The forward support battalion commander is responsible for fighting rear operations.
An infantry brigade must maintain continuous, synchronized operations. To establish the necessary "battle rhythm" to make this happen, the brigade makes optimal use of scheduled conference calls, shift change briefings, and battle update briefs (BUBs). The brigade commander conducts conference calls with his subordinate commanders at regular intervals shortly after the division conference calls. The shift change brief is supervised by the outgoing TOC shift OIC and is designed to exchange information between the outgoing and incoming shifts. It can also serve as a commander's update, but the primary audience is the incoming shift. Battle Update Briefs are called on an as-needed basis to update the TOC on current and significant events.
Occasionally, when he can be expected to make a direct contribution to current operations, the brigade judge advocate will deploy with the TAC CP or accompany the brigade command group. As a general rule, however, the brigade judge advocate will deploy with the main CP. Because the brigade commander normally commands the brigade from the main CP, this is the optimal position for the brigade judge advocate. The brigade judge advocate, supported by the brigade legal specialist, will provide OPLAW support in the main CP, which will include participation in the brigade's targeting process. When in the TOC at the main CP-as opposed to the TAC or assault CP-the brigade judge advocate or legal specialist should locate themselves
adjacent to the PSYOP and civil affairs elements.
The brigade level legal specialists of the BOLT deploy with the rear CP, at the adminiswative and logistics operations center (ALOC). They are supervised in their OPLAW duties by the BOLT element in the main CP. The brigade judge advocate and legal specialist communicate regularly with the remainder of the BOLT in the rear CP. They also periodically travel there to provide leadership and guidance, to provide legal assistance and complete other tasks that cannot be attempted in the main CP, and to ensure that legal specialists are utilized in support of the operational law mission.
The present manual identifies the BOLT as the model of modular legal support to an Army unit smaller than division size. Many of the organizational principles defining the BOLT can be applied to good effect in the modular legal support teams that deploy with special operations elements. For example, the SJAs of United States Army Special Operations Command and United States Army Special Forces Command face the same challenges in generating synergy around the legal challenges that confront the Group Judge Advocates and OPLAW teams that deploy with special forces groups. Although the unique mission of special forces groups will inevitably raise distinct legal questions (see the discussion of special operations in Chapter 4), these judge advocates and teams, like BOLTS, must be able to identify a broad range of legal issues, and coordinate those issues with higher technical channels, while focusing on a
band of issues critical to sound decision- making by command and staff.
5.6 MATEREL IN WAR
The practice and delivery of legal support in war may be marked by heavy and persistent demand for administrative law, contract, or fiscal law opinions, foreign claims adjudication, for advice on United States obligations under treaty or foreign legal provisions, and for interpretations of domestic security assistance statutes. It will likely require the convening of courts-martial. It will require the provision of a high volume of legal assistance services. As discussed earlier, critical legal support within the personnel service support function will surge during predeployment, then remain at a relatively constant volume once in theater. OPLAW-C2 and sustainment-will surge upon entry into the theater with command and control issues dominating legal support during combat operations and sustainment issues just before and after combat operations. As communications improve and weapons lethality continues to increase the battlespace, judge advocates must be linked into the tactical and non-tactical communication systems. To effectively provide OPLAW advice to the commander at the critical time and place on the battlefield,
judge advocates must remain aware of the tactical situation and have access to the commander.
The materiel that accompanies the division SJA section must be sufficient in types and quantities to meet these requirements. Chapter 4 described in general terms the automation, mobility,
Legal Support to Operations
and communications equipment necessary for OPLAW elements to accomplish their missions.
The materiel requirements of the SJA section in prolonged, large-scale operations are not limited to automation, mobility, and communications equipment. CD ROM and hard copy books and forms are also needed to back up essential references, or for frequent use or consultation.
The need for courts-martial to maintain good order and discipline will require the establishment of a courtroom, judge's chamber, deliberation room, and private locations suitable for interviewing witnesses or the accused by counsel. The frequency of reference to reported case precedents may justify the deployment of hard copy case reporters to augment the cases contained on compact disk. Also, adequate furniture, lighting, court reporter equipment, supplies for the creation of exhibits, and a means for photocopying key documents will be essential to the achievement of justice and due process close to the forward line of troops.
In war, the adequate provision of professional legal services at all echelons of command (to include the companies, battalions, brigades, divisions, and corps making up the tactical level) requires courts-martial to be conducted in theater. Discipline in a combat zone is ill-served by courts-martial conducted far away from the dangers of war.
5.7 TRAINING FOR WAR
The training challenge in today and tomorrow's military is immense. Judge advocates must balance the ever-present mission in garrison with the need to deploy and provide our commanders and soldiers with the full range of legal support in operations. Like their non- legal counterparts, legal personnel must be aware of and train with emerging technologies-global positioning devices (GPS), night vision devices, vehicles, communication means, and automation software and hardware. All legal personnel should be well read on emergng joint and army doctrine and train on individual soldier skills at every opportunity (e.g., S JA section leader development programs, unit exercises, deployment to the Army's Combat Training Centers).
The division SJA, in conjunction with the DSJA, CLNCO, and Legal Administrator, trains the SJA section for wartime deployment using Army training doctrine, the application of which to OPLAW was described in Chapter 4.
The SJA section's METL is the single most important product for conducting battle focused training. The SJA and DSJA must use the process described in Chapter 4 to develop and assess METLs of LSOsMSOs andlor the judge advocate sections of other RC units within their subordinate wartrace chain of command. This process should be part of the training association relationships between SJA sections and RC units, such as the training relationships created and fostered pursuant to FORSCOM Regulation 27-1, Judge Advocate Training Association Program (15 Jun 1998).
In planning training to develop proficiency on a mission essential tasks, Battle Command Training Program (BCTP) rotations should be given special emphasis. The BCTP is the only combat training center with the specific mission of providing stressful and realistic training to corps and division staffs on their METLs. SJAs and DSJAs, in conjunction with CLAM0 and judge advocate observer- controllers detailed to the BCTP, must ensure that OPLAW issues are fully and realistically integrated into BCTP rotations. Integration of legal issues that have arisen during deployments is essential not only for the effective training of the SJA section; it is essential for the effective training of the command and staff.lp4
Legal Support to Operations

Chapter 6 Legal Support to Military Operations Other Than War

United States military operations in the Republic of Haiti in 1994 and 1995 represented a comprehensive and stunningly successful application of law to fluid and challenging circumstances. Many Americans will recall the tense beginning. when a large combat force entered Haiti peacefully on terms negotiated in the ll? hour by duly empowered civilian representatives of the United States. Many Americans also will recall how these operations soon achieved the ouster of a dictator. the return to power of an elected Haitian president. and the removal of a threat to regional peace and security. These aspects of the Haiti deployment not only reafirmed the rule of law. they also held a symbolic and political importance that aroused great popular interest .
Yet other signijicant applications of law took place day.to.day. at the individual and unit level . Infantry privates balanced initiative with restraint under the rules of engagement while confronting potentially hostile Haitians . Supply clerks distributed food and other items that had been purchased strictly in accordance with acquisition and appropriations laws . Military policemen treated Haitian detainees pursuant both to internal rules and to standards derived from international treaties . Investigating oficers pe73'ormed their duties thoroughly and fairly in gathering evidence about incidents of alleged misconduct. Soldiers, sailors. airmen. and marines remained undistracted by personal concerns. enjoying a sense of security provided by statutory programs of life insurance and legal assistance. With very few exceptions. these men and women in uniform also scrupulously followed orders given by their chain of command. justzfying a disciplinary system acknowledged by Congress and the courts to be essential to mission accomplishment.
Center for Law and Military Operations
Law and Military Operations in Haiti. 1994-1 995 18'
CONTENTS
INTRODUCTION…………………………
STRATEGIC CONCEPT ……………….
THEATER CONCEPT ………………….

Political Objectives ……………….

Legal Complexity ………………….

Mission Complexity ………………

Command and Control …………. Interagency Coordination …….. THE ARMY'S ROLE IN MOOTW ….. Arms Control ………………………. Combating Terrorism …………… Counter-Drug Operations ……… Enforcement of Sanctions and
Exclusion Zones ………………..

Humanitarian Assistance ……… Nation Assistance ………………… Noncombatant Evacuation
Operations………………………..

Peace Operations …………………

Recovery Operations …………….

Show of Force Operations …….

Strikes and Raids …………………

Support to Insurgencies ………. Operations under Armistice
Conditions……………………

ORGANIZATION OF LEGAL
SUPPORT………………………………….

LEGAL'ASPECTS OF C2. SUSTAINMENT. AND SUPPORT
OPERATIONS…………………………….

Legal Basis for Operation …….. Status of Forces ………………….. International and lnteragency
Relationships……………………. Use of Force and Rules of
Engagement (ROE) …………….

Treatment of Civilians …………..

Fiscal Responsibility …………….

Intelligence Oversight ………….. LEGAL TNG REQUIREMENTS LEGAL EQUIP REQUIREMENTS …. SUMMARY…………………………………

.PAGE

6.1 INTRODUCTION
The last chapter described legal support to operations in war. This chapter describes legal support to military operations other than war (MOOTW) outside the United States. The next chapter describes military operations within the United States.
MOOTW are "[o]perations that encompass the use of military capabilities across the range of military operations short of war. These military actions can be applied to complement any combination of the other instruments of national power and occur before, during, and after war."186
Although MOOTW and war may often seem similar in action, MOOTW focus on deterring war and promoting peace while war encompasses large- scale, sustained combat operations to achieve national objectives or to protect national interests. MOOTW are more sensitive to political considerations and often the military may not be the primary player. More restrictive ROE and a hierarchy of national objectives are followed. MOOTW are initiated by the National Command Authorities and are usually, but not always, conducted outside of the United States.18'
There are many types of MOOTW, several having multiple components: arms control, combating terrorism, support to counter-drug operations, enforcement of sanctions and exclusion zones, ensuring freedom of navigation and overflight, humanitarian assistance, nation assistance, noncombatant evacuation operations, peace operations, protection of shipping, recovery operations, show of force operations, strikes and raids, support to insurgency, and operating under armistice ~onditions.'~~
MOOTW present significant legal challenges to judge advocates. First, they must understand and relate the national and international political and legal frameworks affecting the specific operation. These frameworks affect command authority, ROE, and the success of operations more than they do in war. Second, they must frequently advise commanders concerning the relationships between international forces, joint forces, non-governmental agencies, private voluntary organizations, and U.S. governmental agencies. Third, they must forge consensus among joint, international, government, and private organizations on legal issues, thereby promoting unity of effort and mission legitimacy. Fourth, they must identify and resolve technical legal issues in specialized, fluid, and uncertain operational situations.
To assist judge advocates who support MOOTW, this chapter will describe the strategc and theater concepts common to MOOTW, the Army's role in MOOTW, unique considerations for organizing legal support for MOOTW, prominent legal issues affecting command and control, sustainment, and support operations in MOOTW, and legal training and equipment requirements. Judge advocates should also read current joint and army doctrinal publications on MOOTW.~~~
6.2 STRATEGIC CONCEPT
United States security strategy calls for U.S. leadership abroad -"we must lead abroad if we are to be secure at home …"Ig0 As a result, the U.S. "must be prepared and willing to use all appropriate instruments of national power to influence the actions of other states and non-state actor^."'^' This leadership requires engagement with
U.S.
political, economic, and military power to shape the international environment and to promote democracy.lg2

U.S.
engagement will be multinational and multidisciplinary. "Durable relationships with allies and friendly nations are vital to our security. A central thrust of our strategy is to strengthen and adapt the security relationships we have with key nations around the world and create new relationships and structures when nece~sary."'~~

The United States will use an integrated approach to address threats, including superior military forces, a strong diplomatic corps, and foreign assistance program.'94 Frequently, military operations will be in a supportive role or will support a lead agency.lg5
"[Olur national military objectives are to Promote Peace and Stability and,
include peacetime engagement and deterrence,lg7 and may involve any of a variety of military activities. Military activities such as international exercises,
Legal Support to Operations

Partnership for Peace, foreign military sales, and military-to-military contacts promote stability, build coalitions, enhance interoperability, and promote democracy.Ig8 Counterdrug and counterterrorism operations protect Americans and other nationals, and fight drug and terrorist organizations through international cooperation, intelligence and technical support, and nation assi~tance.'~~Peacekeeping operations support peace agreements and facilitate long term settlements through deployment of military units to monitor and perform other assigned tasks.200 Arms control prevents conflict and reduces threat through treaty verification, weapons security, and weapons seizure, dismantling, or destru~tion.~~' Noncombatant evacuation operations protect American citizens abroad and other selected persons by extracting them from a dangerous location to a safe haven.202 Sanctions enforcement of U.S. policy decisions and UN Security Council resolutions includes military operations to interdict movement, prohibit activities in a specific area, or ensure freedom of navigation.*03 Peace Enforcement operations apply military force to maintain or restore international peace and security.204 Military activities also support diplomatic activities such as peacemaking, peace building, and preventive dipl~macy.'~~
6.3 THEATER CONCEPT
There are several unique aspects of the MOOTW theater: the primacy of political objectives, legal complexity, mission complexity, command and control, and interagency coordination.
6.3.1 Political Obiectives
"Political objectives drive MOOTW at every level from strategic to tacti~al."~~ Political directives will authorize and prescribe military
operation^.^^' Political organizations frequently take the lead role.208 Political considerations affect how the military conducts operations.209 Political implications may affect the success of the military operation, or require changes in the operation.z10 "Having an understanding of the political objective helps avoid actions which may have adverse political effects. It is not uncommon in some MOOTW, for example peacekeeping, for junior leaders to make decisions which have significant political implication^."^^'
MOOTW theaters are legally complex for three reasons. First, units conducting MOOTW cannot rely solely on traditional law of war rules regarding the use of force, but must develop ROE that accomplish the mission and protect the force consistent with international law and political directives.212 Second, MOOTW frequently involve national, multinational, and international legal authority.'13 Reconciling the legal concerns of each nation, or concerns between the U.S. and an international organization, is a challenging task.214 Third, the legal issues arising during MOOTW may be specialized and widely varied. Commanders will require legal advice in international law, host nation law, fiscal law, security assistance, command authority, and other issues.215
6.3.3 Mission Com~lexitv
MOOTW missions occur simultaneously and sequentially, and involve extensive contact with civilians. "Noncombat MOOTW may be conducted simultaneously with combat MOOTW, such as HA [humanitarian assistance] in conjunction with PEO [peace enforcement operations]. It is also possible for part of a theater to be in a wartime state while MOOTW is being conducted elsewhere within the same theater."216 Commanders must plan to transition from war to MOOTW, or from MOOTW to combat.217 The mission in Haiti transitioned from sanctions enforcement to peacekeeping, and included plans for simultaneous noncombatant evacuation and either forced or semi-permissive entry into Haitia218
MOOTW missions are complex also because of their impact on civilians. Commanders must be prepared to collect human intelligence concerning political, cultural, and economic factors affecting the operation,219 to conduct public affairs, civil affairs, and psychological operations,220 to provide humanitarian a~sistance,~~' develop that
to ROE protect the force without causing civilian ca~ualties,2~~
to process civilian detainees,223 to process requests for temporary refuge or asylum,224 and to perform other tasks as the mission requires.
6.3.4 Command and Control
In MOOTW, Theater C2 must account for multinational forces and myriad other organizations. National Command Authorities (NCA) and Joint
Legal Support to Operations
Command and Control (C2) over the
U.S. military remain generally the same as in war.225 The President will never "relinquish .. .command authority … but …may . . .place U.S. forces under the temporary operational control of a competent. . .

Multinational forces may employ several C2 options: the lead nation option, in which one nation provides most of the forces and exercises operational control of the multinational force; the parallel option, in which a mandating organization selects a commander, each nation contributes proportionally to the staff, and each nation provides the commander some degree of operational control; and the regional alliance option, in which an existing multinational headquarters exercises C2.2" The United Nations Mission in Haiti is an example of the parallel 0ption.2'~ Operation Joint Endeavor in Bosnia is an example of the regional alliance 0ption.2~~
6.3.5 Intera~encv Coordination
Coordination with U.S. agencies, nongovernmental organizations, and private voluntary organizations is essential to understand the situation and society involved, 230 and to ensure unity of effort.u1 "For MOOTW outside the United States, the lead agency will normally be the Department of State (DOS) and the U.S. Ambassador will coordinate U.S. activities through an established Country Team with representation from all U.S. departments and agencies in that country, including
mD.,,232 A Civil-Military Operations Center (CMOC) can provide effective coordination with nongovernmental and
private voluntary organizations.233 Forty nongovernmental and private voluntary organizations were in Haiti;234 four- hundred were in Bosnia.235 Because there are so many agencies and organizations, each with its unique authority and capabilities, judge advocates should consult the references in footnote 189 of this chapter for more specific information.
6.4     THEARMY'S ROLE IN
M00'nv

The Army's role in MOOTW outside the United States is to perform specific DoD missions, normally as part of a joint force, normally under the lead of DoS, and in coordination with U.S. government, nongovernmental, and private voluntary organization^.^^^ These missions involve myriad legal concerns, the most important of which are addressed later in this chapter.
The doctrine on the types of MOOTW, and the interrelationships between them is developing. This section will describe common Army MOOTW missions outside the United States: arms control, combating terrorism, counter-drug operations, sanctions enforcement, humanitarian assistance, nation assistance, noncombatant evacuation operations, peace operations, recovery operations, show of force, strikes and raids, support to insurgencies, and operations under armistice conditions. Because doctrine is developing, judge advocates should consult the current doctrine when planning or conducting an operation.
6.4.1     Arms Control
Arms control is a plan, based upon international agreement, that governs the numbers, types, or characteristics of weapon systems, or the strength, organization, equipment or employment of armed f0rces.2~~ Potential army missions include verifying treaty provisions, seizing weapons of mass destruction, escorting weapon deliveries, or disposing of weap0ns.2~~ The army may also participate in confidence building measures, including inspections, base visits, and equipment demon~trations.~~~
6.4.2     corn bat in^ Terrorism

Combating terrorism includes antiterrorism and counterterrori~rn.~~~ Antiterrorism involves "defensive measures used to reduce the vulnerability of individual and property to terrorist acts, to include limited response and containment by local military forces."241 Antiterrorism programs are comprehensive; they include threat analysis, vulnerability assessments, information security, operations security, personnel security, physical security, crisis management planning, tactical measures to contain or resolve incidents, training, and public affairs.242 "A well-planned, systematic, all-source intelligence and counterintelligence program is es~ential."~~ Counterterrorism is a special operations mission that involves "offensive measures taken to prevent, deter, and respond to terrori~rn."~ Response measures "include preemptive, retaliatory, and rescue operations."245
6.4.3     Counter-Drug O~erations
While counter-drug operations primarily support U.S. law enforcement agencies,246 they also support the national drug control strategy goal of breaking foreign sources of Counter-drug support to foreign nations is provided through security assistance programs and civil-military ~perations.~~ Security assistance programs provide equipment needed to meet the drug threat, services related to the equipment, and training in drug enforcement when granted exceptions to restrictions on police trai11ing.2~~ Civil- military counter-drug operations in foreign countries include providing information about the host nation drug culture, cooperative programs to reduce drug trafficking, providing collateral intelligence to host nation authorities, and assisting host nation information
6.4.4     Enforcement of Sanctions and Exclusion Zones
Sanctions and exclusion zone enforcement are coercive measures to enforce decisions of competent national or international a~thorities.~~' The military objectives are to establish barriers to the flow of goods, or to prohibit certain activities in specific geographic areas.252 Operations SUPPORT DEMOCRACY off Haiti in 1993, SOUTHERN WATCH in Iraq in 1992, and DENY FLIGHT in Bosnia in 1993 are examples of sanctions and exclusion zone enf~rcement.~'~
Legal Support to Operations

6.4.5     Humanitarian Assistance Humanitarian and civic assistance programs are "provided in conjunction
Humanitarian Assistance operations with military operations and exercises, "relieve or reduce the results of natural and must fulfill unit training or manmade disasters or other endemic requirements that incidentally create conditions such as human pain, disease, humanitarian benefit to the local hunger, or privation in countries or populace."261 This assistance may take regions outside the United state^."^" the form of medical, dental, and Military support is intended to veterinary care, and rudimentary supplement other agencies, and may include command and control, operational planning, intelligence, 6.4.7 Noncombatant Evacuation logistics, or Operations
6.4.6     Nation Assistance Noncombatant evacuation operations evacuate U.S. citizens and selected non-
"Nation assistance is civil or military U.S. persons from a foreign country.263 assistance (other than HA [humanitarian These operations normally include assistance]) rendered to a nation by U.S. "swift insertions of a force, temporary forces within that nation's territory occupation of an objective, and a during peacetime, crises or emergencies, planned withdrawal upon completion of or war, based on agreements mutually the mission."264 Depending upon the concluded between the United States specific mission and situation, these and that nation."256 Nation assistance operations may require medical and includes security assistance, foreign dental support, combat search and internal defense, and humanitarian and rescue, mortuary affairs, public affairs, civic assistance programs provided psychological operations, and command under Title 10 U.S. Code Section 401 .257 and control Evacuee Security assistance provides defense processing may occur in country or in a articles, training, and services under the safe haven,266 and may involve searching Foreign Military Sales Program, Foreign and segregating personnel, inspecting Military Financing Program, for restricted items, providing logistical, International Military Education and medical, and chaplain support, and Training Program, Economic Support requests for asylum or temporary Fund, and Arms Export Control Act refuge.267 sales.258 Foreign Internal Defense is a Special Operations mission that enables 6.4.8 Peace Operations foreign nations to fight subversion and insurgency.259 These missions include Peace operations "support support to security assistance, joint and diplomatic efforts to reach a long-term
combined exercises, exchange programs, . political settlement and [are] categorized civil-military operations, sharing as peacekeeping operations . . . and intelligence and logistical support, and peace enforcement operations."268
combat operations when approved by Military operations such as preventive National Command A~thorities.~~" deployment, military-to-military contacts, or other MOOTW may also support preventive diplomacy, peacemaking, or peace building.269
Peacekeeping Operations (PKO) are "military operations undertaken with the consent of all major parties to a dispute, designed to monitor and facilitate implementation of an agreement .. . and support diplomatic efforts to reach a long-term solution."270 PKO tasks are specific to the mission and may include observing and monitoring compliance, investigating alleged violations, negotiating and mediating with the parties, supervising cease-fires or other aspects of the agreement, and assisting civil authorities.271 PKO planning considerations include, but are not limited to, compliance with the international mandate, terms of reference (TOR), and Status of Forces Agreement (SOFA); coordination with nongovernmental organizations and private voluntary organizations; coordinating the sources and funding responsibilities for logistical support; methods for collecting information; developing rules of engagement restrictive enough to comply with the mandate and robust enough to protect the force; procedures for addressing foreign claims; and procedures for handling dislocated civilian^.^"
Peace Enforcement Operations (QEQ) "are the application of military force or the threat of its use, normally pursuant to international authorization, to compel compliance with resolutions or sanctions designed to maintain or restore peace and order."273 PEO tasks are also mission specific and may include "enforcement of sanctions and exclusion zones, protection of HA,
operations to restore order, and forcible
separation of . . . parties" and
conducting internment or resettlement
PEO planning
considerations are similar to PKO, but
also include more emphasis on
intelligence collection, fire support,
mobility and survivability; and ROE that
enable the use of force to compel
compliance while minimizing collateral
6.4.9 Recovery O~erations

"Recovery operations are conducted to search for, locate, identify, rescue, and return personnel or human remains, sensitive equipment, or items critical to national They may occur in either friendly or denied areas.277
6.4.10 Show of Force Operations

Show of force operations demonstrate U.S. resolve through increased visibility of military forces to influence respect for U.S. interests or defuse a situation.278 These operations may include formation of a joint task force, repositioning of forces, patrolling, or conducting exercises.279
6.4.11 Strikes and Raids
"Strikes are offensive operations conducted to inflict damage on, seize, or destroy an objective for political purposes. . . .An example of a strike is Operation URGENT FURY, conducted on the island of Grenada in 1983."280 "A raid is usually a small-scale operation involving swift penetration of hostile territory to secure information, confuse the enemy, or destroy installations. . . . An example of a raid is Operation EL DORADO CANYON conducted against Libya in 1986, in response to the terrorist bombing of U.S. Service members in Berlin."281
6.4.12 Support to Insur~encies
Support to Insurgencies includes
U.S. logistic and training support, but normally not combat operations, for an organized movement to overthrow a constituted government.282 An example was U.S. support to the Mujahadin resistance in Afghanistan 'during the Soviet invasion.283
6.4.13 Operations Under Armistice Conditions
An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.284 For example, the Korean Armistice Agreement signed on 27 July 1953, shapes the conduct of military operations on the Korean peninsula and there are specific Armistice Rules of Engagement for the Korean theater. Consequently, judge advocates stationed in the Republic of Korea must be familiar with the Korean Armistice Agreement and other sources of international law dealing with armistice agreements.
6.5     ORGANIZATION OF LEGAL SUPPORT
The legal support organization for MOOTW is generally as described in
Legal Support to Operations
Chapter 2. Nevertheless, because each MOOTW is unique, SJAs must tailor legal support, and must coordinate technical legal supervision, technical support, and augmentation requirements for the specific situation and mission. When tailoring legal support for MOOTW, SJAs should consider mission-specific requirements for legal duties and skills. MOOTW require judge advocates to perform additional mission-specific duties.28s During operations in Haiti, for example, legal personnel supported refugee operations in Panama and Cuba, the Joint Interrogation Facility, the Joint Logistics
Support Command, and the United Nations Mission in Haiti headquarters.286 In Bosnia, judge advocates supported each Battalion Task Force, a level of command lower than normal, and served as advisors to Joint Military Co~nmissions.~~~ During both operations, split-based operations generated requirements for additional legal resources.288
6.6     LEGAL ASPECTS OF C2, SUSTAINMENT,AND SUPPORT OPERATIONS
While S JAs must always provide support in OPLAW and the core legal disciplines described in Chapter 3, SJAs should pay special attention to the following prominent legal concerns arising in MOOTW outside the United States. Although this section outlines only the principal concerns, the potential MOOTW missions, situations, and corresponding legal issues are myriad. Therefore, legal personnel should consult the Operational Law Handbook289and other legal sources for detailed information about the legal aspects of various types of MOOTW.
6.6.1 Lepal Basis for the O~eration

The legal basis for an operation derives from international and domestic law, and the decisions of competent
It may be expressed in U.N. Security Council Resolutions, regional security organization resolutions, international agreements, U.S. National Command Authorities decisions, orders, mandates, terms of reference, or other forms. While U.S. National Command Authorities consider international and domestic legal authority when ordering military operations, judge advocates advising military commanders must know the legal basis for the operation for two important reasons.
First, a clear understanding of the legal basis promotes the legitimacy of the operation. "A clear, well-conceived, effective, and timely articulation of the legal basis for a particular mission will be essential to sustaining support at home and gaining acceptance abroad."291 Therefore, OPLAW JAs must understand the legal basis and brief commanders, enabling them "to better plan their missions, stsucture public statements, and conform their conduct to national Commanders' statements and conduct contribute to legitimacy by demonstrating adherence to law and authority.293 Co~nmanders and judge advocates must also educate the soldiers about the operation's purpose and legal basis. Informing the soldiers will help their morale and improve their ability to communicate and cooperate with local civilians, other
nations' forces, and nongovernmental
organizations.
Second, the legal basis of the operation guides the commander in many ways. It may affect the operation's sc0pe,2~~ timing,296 and ROE;297 the status of
the command' s relationships with military and non-military organization^;^^^ and the applicable funding authorities.300 Therefore, OPLAW JAs must obtain and study all relevant international organization resolutions and international agreements, the mandate, the terms of reference, and higher command orders. Furthermore, OPLAW JAs must be diligent throughout the planning and conduct of the operation to incorporate legal guidance from these documents into the relevant portions of all operations plans and orders.
6.6.2 Status of Forces

The status of forces is of critical concern to commanders during MOOTW overseas.301 Because the jurisdictional default to the Law of the Flag does not normally apply in MOOTW, numerous legal issues affecting the success of the operation must be resolved, including host nation criminal and civil jurisdiction, authority to conduct law enforcement activities including trials by courts-martial, claims against the U.S. or U.S. personnel, authority for U.S. forces to carry arms and use force, force protection, entry and exit requirements, customs and tax liability, contracting authority, authority to provide health care without a local medical license, vehicle registration and licensing, communications support,
Legal Support to Operations
facilities for U.S. forces, hiring of local personnel, authority to detain or arrest, and provisions for transferring custody.302 These issues can become significant issues for the SJA and the entire command.303
SJAs and OPLAW JAs must identify and resolve status of forces issues beginning early in the planning process and continuing throughout the operation. There are several strategies available to resolve status concerns. First, look to existing agreements, which should be available at the Unified Command, Component Command, or International and Operational Law Division, 0TJAG.304 Second, consider the need for additional agreements and inform the proper authority under Army Regulation 550-51 of any req~irements.~'~ Agreements can be negotiated during or after operations.306 Third, consider whether conventions on the status of United Nations personnel apply and are adequate.307 Fourth, consider whether an agreement is unnecessary because the Law of the Flag applies or there is a jurisdictional
Finally, where compliance with host nation law is required, inform the command of these requirements and consider measures to mitigate the impact on the operation.
6.6.3     International & Interagency Relationshim
Information describing the basic relationships existing between military organizations, and with non-military agencies and organizations is provided earlier in this chapter, and in references cited in footnote 5. Commanders will encounter three general concerns involving international and interagency relationships that require judge advocate support: questions concerning command authority,309 requirements for legal liaison co~rdination,~'~
and and conflicting legal concerns.311
SJAs and OPLAW JAs must perform several important tasks relating to these concerns. They must advise commanders about their legal authority in relation to other commands, agencies, and organizations. They must coordinate legal advice and actions with all relevant commands, agencies, and organizations.312 They must perform liaison as directed by the commander, which may include liaison with the International Committee of the Red Cross and legal officers in other troop contributing nations, participating in the Civil-Military Operations Center, and giving briefings for the Joint Military Comrni~sion.~~~
Finally, they must take the initiative to find innovative solutions to conflicting legal concerns.314
6.6.4     Use of Force & Rules of Enga~ement(ROE)
The general principles and judge advocate tasks relating to the interpretation, drafting, dissemination, and training of ROE discussed in Chapter 8 and the Operational Law Handbook apply in MOOTW.315 The general purposes of ROE-to accomplish the mission and protect the force-also remain valid.316 U.S. forces will always retain the inherent right of self-defense.317 The Chairman of the Joint Chiefs of Staff (CJCS) Standing ROE (SROE) will generally, but not always, apply in MOOTW.318
Nevertheless, there are several unique ROE concerns in MOOTW. "ROE in MOOTW are generally more restrictive, detailed, and sensitive to political concerns than in war . . ."3'9 Restrained, judicious use of force is necessary; excessive force undermines the legitimacy of the operation and jeopardizes political objectives.320 MOOTW ROE considerations may include balancing force protection and harm to innocent civilians or non-military areas,321 balancing mission accomplishment with political
consideration^,^^' protecting evacuees "while not having the authority to preempt hostile actions by proactive military measures,"323 enabling soldiers to properly balance initiative and restraint,324 determining the extent to which soldiers may protect host nation or third nation civilians,325and the use of riot control agents.326 In multinational operations, developing ROE acceptable to all troop contributing nations is imp~rtant.~" Being responsive to changing ROE requirements is also
SJAs and OPLAW JAs will be much more involved in ROE interpretation, drafting, dissemination, and training during MOOTW.329 Interpretation must consider not only the SROE or other applicable higher headquarters ROE, but also the legal authority for the operation, mandate, and specific political objectives.330 Drafting must address considerations such as those discussed in the previous paragraph, and account for the specific concerns of each troop contributing nation.331 Dissemination must be prompt and responsive throughout all levels of command, from the appropriate political authority to the individual soldier.332 Training should include vignettes, in which soldiers role- play expected situations and train to respond in accordance with the ROE.333
6.6.5 Treatment of Civilians
SJAs and OPLAW JAs face significant challenges regarding the commander's legal obligations toward civilians: determining an individual's status, identifying the specific legal rules that apply, and applying legal rules in a wide variety of operational situations. Generally, while the law of war will not normally govern MOOTW, DoD Dir. 5100.77 and Chairman of the Joint Chiefs of Staff Instruction 5810.01 require U.S. forces always to apply the principles of the law of war in MOOTW as a matter of Beyond this, however, the issues become complex.
The legal complexity relates to the three challenges identified above. The status of civilians encountered may include U.S. civilians, host nation civilians, third country civilians, diplomats, media, criminals, host nation civilian officials, armed civilian groups, international organization employees, non-governmental and private voluntary organization personnel, refugees, contractors on the battlefield, and other
The applicable law will always include the principles of the Law of War, and may also include the customary international law of human rights, the Universal Declaration of Human Rights, human rights treaties, provisions of Protocols I & It, or host nation The operational situations may include maintaining public order,337 applying military force,338 providing humanitarian assistance,339 processing

Fourth, recommend that the commander establish multidisciplinary logistics and acquisition boards; provide legal advice to these boards.360 Fifth, consider innovative solutions learned from recent experiences.361
6.6.7 Intelligence Oversight
MOOTW require "multi-disciplined, all-source, fused intelligence;" human intelligence may be the most useful component.362 Intelligence support is critical to all types of MOOTW.363 Intelligence collection in MOOTW focuses on "political, cultural, and economic factors that affect the situation" rather than on an enemy's military capability.364 As a result, intelligence collection and counterintelligence operations involve substantial contact with non-government organizations, private voluntary organizations, the local populace, and allied or coalition ~artners.3~~
Because of sensitivities that exist when working with nonmilitary organizations or in
U.N. operations, it is frequently appropriate to use the term "information gathering" rather than "intelligence
Many intelligence organizations have organic legal support; nevertheless, SJAs and OPLAW JAs must provide intelligence law advice to their own organizations in the development and oversight of operations.367 Therefore, SJAs and OPLAW JAs must be familiar with the legal rules relating to intelligence operations,368 have the security clearances required to access relevant information,369 and be prepared to resolve sensitive intelligence law i~sues.~'' Technical legal support from SJA, U.S. Army Intelligence and Secu,rity Command can assist SJAs and OPLAW JAs with these issues.
6.7     LEGAL TRAINING REQUIREMENTS
The general training principles and procedures in Field Manual 25-100, Field Manual 25-101, and chapter 4 of this manual apply to MOOTW t~-ai1ing.3~' In particular, SJAs must always ensure all legal personnel are proficient in individual skills such as land navigation, handling classified material, first aid, weapons qualification, et~.,~~~that
and legal organizations are proficient in collective tasks relating to OPLAW and the core legal disciplines. Training for MOOTW, like training for war, requires legal personnel to receive and provide individual and collective training, and to train with the units they
Nevertheless, MOOTW require mission-specific skills. First, judge advocates must have political-military skills.374 In Bosnia, the legal advisor to the Joint Military Commission advised the commander on the application of the Dayton Accords and drafted correspondence to the military and political faction^.^" Other judge advocates coordinated multinational ROE, provided advice concerning persons indicted for war crimes, and communicate with government and non- government organization^.^'^ Second, deployed legal organizations must have host nation expertise -an understanding of the local law, and the ability to communicate in the local language.377'? Third, deployed legal personnel may
Legal Support to Operations
require specialized expertise. Special Operations units, which conduct many MOOTW missions, require legal advisors who know special operations missions, structure, doctrine, and
In Haiti, experts in civilian legal and judicial functions were required to assist the newly restored Aristide government.379
SJAs should emphasize the following aspects of MOOTW individual training: situational training exercises involving ROE, individual readiness training for the specific operation, and interagency and international cooperation.380 Training in interagency and international cooperation should improve cultural awareness, understanding of the roles of various organizations, and consensus-building ~kills.3~~
SJAs should become heavily involved in MOOTW mission rehearsal exercises (MRE). First, SJAs must become involved early in MRE planning to ensure the legal aspects of the specific mission are integrated into the mission rehearsal exercise scenario. Second, SJAs should ensure the scenario addresses training needs of two audiences: the command and staff at all echelons, and their legal personnel. Third, SJAs should ensure that deploying legal personnel participate in the exercise with their supported units.382 Fourth, SJAs should ensure that experienced and well-trained legal personnel act as observer-controllers. SJAs of superior commands must provide or coordinate the technical support required to ensure the success of the MRE.
6.8     LEGAL EQUIPMENT REQUIREMENTS
The facilities and equipment generally required to provide legal support described in Chapter 2 are sufficient for legal support to MOOTW. Recent experience in MOOTW confirms the requirements for the RDL, Internet access, electronic legal research capabilities, connectivity with tactical command, control, and communication systems, secure communication and storage capabilities, and dedicated vehicles.383 SJAs and OPLAW JAs must ensure that RDLs are pre-loaded with the software packages and research materials required for the operation, that battle boxes are adequately supplied, and that other military equipment and office supplies are on hand, and ready for u~e.3'~
6.9     SUMMARY
MOOTW present significant challenges to judge advocates. They must master the complex political and legal frameworks common to MOOTW, provide competent advice concerning the roles of various organizations involved in an operation, forge consensus among numerous military and non-military organizations, and resolve technical legal issues. Thorough understanding of the strategic and theater concepts, diligent participation in the planning and conduct of MOOTW, and mastery of the prominent legal issues are essential to accomplishment of the military mission and political objectives.
Legal Support to Operations

Chapter 7 The United States as a Theater

7.1 INTRODUCTION
Although a theater of operations, as discussed in Chapter 4, is technically defined as an area "outside the continental United States," emergencies or other circumstances may arise in which a senior commander must provide support within the United States. That is, he must determine when, where, and for what purpose tactical forces, equipment, or other support will be committed in support of strategic aims. Judge advocates supporting operations taking place in the U.S. practice OPLAW and provide legal support to these operations much the same as judge advocates deployed overseas do for foreign operations. Statutes, numerous Department of Defense Directives, and other materials define the parameters of military support to domestic operations. Judge advocates that provide legal support to these operations must have a detailed understanding of the various programs, and their underlying legal authorities, that make up the domestic support arena. This chapter applies to operations in the U.S., including Alaska, Hawaii, Puerto Rico and other U.S. territories and possessions.
Generally, domestic operations fall into three categories: military support to civil authorities (e.g., disaster relief); military support to law enforcement (e-g., civil disturbances, counterdrug operations); and military support to terrorism response (to include those involving weapons of mass destruction) (described later in this chapter as Emerging Threats in the Continental U.S.). This chapter will address each of these categories with a view toward the specialized nature of training and preparation legal personnel require for these operations.
Commanders and their judge advocates must understand that the DoD plays a support role in domestic operations. DoD acts in support of another federal, state, or local government or agency, known as the lead agency. Judge advocates must prepare to work closely with all appropriate organizations and agencies to help the commander stay within the restrictive boundaries of law and policy characteristic of military support in the United States.
CONTENTS PAGE

INTRODUCTION………………………. 7-1

ORGANIZING AND EQUIPPING
JUDGE ADVOCATES …………………. 7-2

TRAINING JUDGE ADVOCATES …. 7-2 MILITARY SUPPORT TO ClVlL AUTHORITIES…………………………… 7-3
General……………………………….. 7-3

Authorization for Military 7-3
Support……………………………

Lead Agency and Military Role 7-4

Rules on the Use of Force …….. 7-5 MILITARY SUPPORT TO LAW ENFORCEMENT………………………… 7-6
CIVIL DISTURBANCE OPS ……. 7-6

General……………………………….. 7-6 Authorization for Military Support……………………………. 7-7 Lead Agency and the Role of the Military ……………………….. 7-7 Rules on the Use of Force …….. 7-8
COUNTER-DRUG OPS ………….. 7-9

General……………………………….. 7-9 Authorization for Military Support…………………………… 7-10 Lead Agency and the Role of theMilitary……………………….. 7-11 Rules on the Use of Force …….. 7-11

TERRORISM……………………………… 7-12

7.2     ORGANIZING AND EQUIPPING JUDGE ADVOCATES
For an SJA, organizing and equipping judge advocates to deliver legal support to domestic operations is no different than it is for war or operations other than war. Based on the MElT-TC model (the variance being that the enemy could be an actual disaster, potential threats to force protection in a civil disturbance, or terrorists), the SJA will task organize his legal support to support the command and troops in the operation. The SJA should develop formal or informal training associations with Legal Support Organizations, Reserve Support Commands, or the Army National Guard to obtain the benefit of the experienced reserve component support embedded therein. The National Guard (non-federalized in a Title 32 status) will likely play a significant role in all domestic operations; therefore, S JAs involved in domestic support operations should develop such training associations with National Guard judge advocates. SJAs can expect small task force-sized units that are logistically heavy in terms of troops and mission. Despite the potentially small size of
units that may be called upon to provide assistance, any domestic operation will be legally intensive. While operations covered in other chapters in the publication focus mostly on judge advocate support to brigades and larger organizations, judge advocates should expect to support battalion-sized and smaller units in domestic operations.
7.3     TRAINING JUDGE ADVOCATES
Most judge advocates have little experience or training in domestic operations. This, coupled with the legally intensive nature of military support to domestic operations, is the reason that this chapter focuses on training. TJAGSA's Operational Law Handbook and CLAM0 are two training resources for domestic operations. The general training principles described previously in chapters 4 and 5 remain the same. Lessons learned from past operations indicate a need for judge advocates to plan, develop legal expertise, and train for the use of the military to respond to domestic events- disasters, civil disturbances, and terrorist threats. That added need is the focus of this chapter.
understanding of the limitations and exceptions to the Posse Comitatus Act.
7.4.4 Rules for Use of Force
The Chairman of the Joints Chief of Staff Standing Rules of Engagement (SROE) do not apply to domestic disaster relief operations. Commanders and their judge advocates must pay particular attention to any guidance on the Rules for Use of Force (the term "ROE" is not used for domestic operations) in the execute order or in any subsequent orders or directives. While most disaster relief operations will occur in a non-hostile environment, soldiers need to know the applicable Rules for Use of Force. DoD Directive 5210.56, Use of Deadly Force and the Carrying of Firearms by DoD Personnel Engaged in Law Enforcement and Security Duties (25 February 1992), provides guidance pertaining to the authorized use of deadly force which may be applicable. A situation where soldiers might be confronted with use of
Legal Support to Operations

force situations might include a civil disturbance (e.g., looting) that occurs during disaster relief operations. Other state and local agencies, and perhaps non-federalized National Guardsman, are responsible for law enforcement functions-not federal troops. Again, the Posse Comitatus Act does not apply to the non-federalized National Guard. Commanders must be mindful, however, of force protection and the welfare of their soldiers. Proper training will ensure soldiers understand the rules on the use of force in domestic operations.
Finally, commanders must abide by and consider specified laws and policy on intelligence restrictions, election support restrictions, chaplain activities, payment of claims, debris removal, donated property, environmental compliance, support to relief workers, and the use of volunteers when planning and executing disaster relief and other types of military support operations in the United States.
7.6     EMERGING THREATS IN THE CONTINENTAL UNITED STATES (TERRORISM)
Due to our military superiority, potential enemies, whether nations or terrorist groups, may be more likely in the future to resort to terrorist acts or other attacks against vulnerable civilian targets in the United States instead of conventional military operations.
A National Security Strategy for a New Century The White House- October 1998
The federal government, in concert with state and local governments and agencies, will respond to acts of terrorism occumng in the United States. In general, the federal government's response will include the restoration of order and delivery of emergency assistance. Presidential Decision Directive (PDD) 39, signed in June 1995, establishes U.S. policy, and assigns responsibilities, concerning domestic terrorism. PDD 62, signed in May 1998, lays out the Executive Branch's vision and the corresponding assignment of responsibilities for a coordinated U.S. response to acts of terrorism involving weapons of mass destruction (WMD). PDD 62 directs the Department of Justice (DoJ), acting through the Federal Bureau of Investigation (FBI), to take the lead responding to acts of tenorism using WMD. The Federal Emergency Management Agency (FEMA) supports the FBI in preparing for and responding to the consequences of such an incident.
As part of the Domestic Terrorism Program, the Department of Defense (DoD), along with many other agencies, will provide specified capabilities and assets in support of the FBI, FEMA, and other federal, state, and local governments as part of an integrated consequence management program. As part of this Program, the DoD will maintain units to assist in WMD consequence management and to help train emergency response personnel. This training may include exercises or other forms of training. Further, the DoD will help train the Army National Guard and other reserve assets for their role in assisting local authorities in managing the consequences of a WMD attack.
Again, like other forms of military support to domestic operations, judge advocates must have a detailed understanding of the laws, regulations and policies addressing terrorism and the roles of federal and state agencies. Judge advocates must recognize that a terrorist attack on the United States involving WMD will likely entail a massive, joint, and inter-agency response that will cross federal, state, and local government lines. Time to respond may be of the essence and command and control lines may be unclear or confused. Further, a well-organized, trained, and equipped military may have the tendency to step in and take "charge." Absent direction from the NCA (akin to a declaration of
Legal Support to Operations

martial law), federal military commanders must remember that DoD remains in a support role to assist DoJ, the FBI, FEMA or other lead agency with primary responsibility and overall control of the mission.
Legal Support to Operations

Chapter 8 Rules of Engagement

War is tough, uncompromising, and unforgiving. For soldiers, the rigors of battle demand mental and physical toughness and close-knit teamwork. Between the anxiety of battle, soldiers spend long hours doing routine but necessary tasks in the cold, wet weather and mud, moving from position to position, often without hot meals, clean clothes, or sleep. In war, the potential for breakdown in discipline is always present. The Army operates with applicable rules of engagement (ROE), conducting war$are in compliance with international laws and within the conditions specified by the higher commander. Army
forces apply the combat power necessary to ensure victory through appropriate and disciplined use of force.
Field Manual 100-5, Operations

It is not uncommon in MOOTW, for example peacemaking, for junior leaders to make decisions which have significant political implications.
Joint Publication 3-07, Joint Doctrine for Military Operations Other than War

I CONTENTS PAGE
INTRODUCTION………………………. 8-2

ROE DEVELOPMENT
CONSIDERATIONS…………………. 8-2

Commander's Responsibility.. 8-2
Purposes of ROE ……………….. 8-2
Drafting Considerations ………. 8-3
Situation Considerations …….. 8-4
Definitions& Key Concepts …. 8-5
Types of ROE …………………… 8-6
CJCS STANDING ROE ……………….. 8-7
THE I-PDT METHODOLOGY …….. 8-9
Interpret………………………………. 8-9

Draft……………………………………. 8-10

Disseminate……………………………. 8-13

Train…………………………….. 8-13

8.1     INTRODUCTION
OPLAW provides vital links between the strategic and tactical levels of conflict. The strongest of these links are often rules of engagement (ROE). ROE enable mission accomplishment, force protection, and compliance with law and policy. While ROE are always commanders' rules, the interpretation, drafting, dissemination, and training of ROE are also the business of OPLAW JAs.
Every chapter of this manual records the importance of ROE to the practice of OPLAW. ROE integrate many of the six disciplines of legal support to operations and epitomize the counselor function of OPLAW JAs. Development of expertise with ROE is a prominent duty and responsibility of S JAs. Involvement with ROE places judge advocates fdy within the command and control of operations. Theater operations implement the ROE established by Commanders in Chief (ClNCs) of combatant commands. Corps and Division Deep Operations Coordination Cells (DOCCs), or Information Operations Cells of the future, rely upon OPLAW JAs to incorporate ROE considerations into the targeting process. Military operations other than war (MOOTW) tend to be characterized by ROE demanding greater restraint in applying combat power, a factor that creates great challenges for judge advocates deployed with forward brigade task forces.
8.2     ROE DEVELOPMENT CONSIDERATIONS
8.2.1 Commander's Res~onsibilitv
ROE are commanders' rules for the use of force. Operations personnel are principally responsible to ensure that the ROE further operational requirements. OPLAW JAs assist the commander to interpret, draft, disseminate, and train ROE because all ROE must conform to international law, because a Department of Defense Directive and service regulations give military attorneys a role in ROE compliance, and because the Chairman of the Joint Chiefs of Staff has directed that attorneys will review all operations plans and participate in targeting meetings of military staffs.
Also, the Hague and Geneva Conventions contain dissemination provisions that encourage the involvement of judge advocates in ROE matters. A provision of the 1977 Protocol I to the 1949 Geneva Conventions-which though not ratified by the United States is considered declarative of customary international law on this point–expressly mentions the role of "legal advisors."
8.2.2 Purposes of ROE
ROE are driven by three sets of considerations: policy, legal, and military. An example of a policy-driven rule is Executive Order 11850, which prohibits first use of riot control agents and herbicides without Presidential approval. An example of a legal-driven rule is the prohibition, "hospitals, churches, shrines, schools, museums, and any other historical or cultural sites will not be engaged except in self-defense." An example of a military-driven rule is the commonly encountered requirement for observed indirect fires for the purpose of effective target engagement. ROE are not the same as fire control measures. Fire control measures are implemented by commanders based on tactical considerations. An example of a fire control measure serving tactical purposes is the common requirement in ground operations that the artillery tubes organic to a unit will not fire beyond a designated fire support coordination line (FSCL); this ensures an efficient division of labor between fires controlled at one level and those controlled by higher levels of command. Moreover, it helps prevent fratricide by indirect fire.

The purposes of ROE quite often overlap; rules implementing strategic policy decisions may serve an operational or tactical military goal while simultaneously bringing U.S. forces in compliance with domestic or international law. As a result, troops in the field may not always appreciate the reasons why a leader fashioned a particular rule.
ROE must evolve with mission requirements and be tailored to mission realities. ROE should be a flexible instrument designed to best support the mission through various operational phases and should reflect changes in the threat.
8.2.3 draft in^ Considerations
Operational requirements, policy, and law define ROE. ROE always Legal Support to Operations
recognize the soldier's right of self-defense, the commander's right and obligation to self-defense, and America's national right to defend itself and its allies and coalition partners against aggression. In the Standing Rules of Engagement (SROE) for U.S. Forces, the Joint Chiefs of Staff provide baseline guidance and procedures for supplementing this guidance for specific operations. Effective ROE are enforceable, understandable, tactically sound, and legally sufficient. Further, effective ROE are responsive to the mission and consistent with unit initiative.
In all operations, ROE may impose political, operational, and legal limitations upon commanders. Withholding employment of particular classes of weapons or exempting the territory of certain nations from attack are examples of such limitations. At the tactical level, ROE may extend to criteria for initiating engagements with certain weapon systems (for example, unobserved fires) or reacting to attack.
Effective ROE comply with domestic and international law, including the body of international law pertaining to armed conflict. Thus, ROE never justify illegal actions. In all situations, soldiers and commanders use force that is necessary and proportional.
Effective ROE do not assign specific tasks or drive specific tactical solutions; they allow a commander to quickly and clearly convey to subordinate units a desired posture regarding the use of force. In passing orders to subordinates, a commander must act within the ROE received. However, ROE never relieve
multiplying the effectiveness of our operations.

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

The SROE distinguish between the right and obligation of self-defense-which is not limited-and use of force for the accomplishment of an assigned mission. Authority to use force in mission accomplishment may be limited in light of political, military or legal concerns, but such limitations have no impact on the commander's right and obligation of self-defense.
Once a threat has been declared a hostile force, United States units and individual soldiers may engage without observing a hostile act or demonstration of hostile intent. The basis for engagement becomes status rather than conduct. The authority to declare a force hostile is given only to particular individuals in special circumstances. A~~endix to Enclosure A of the
A SROE contains guidance on this authority.
8.4     THE I-D-D-T METHODOLOGY
I-D-D-T Methodology
Interpret
Draft
Disseminate
Train

Legal Support to Operations
Commanders and staffs at all echelons use the Interpret-Draft-Disseminate-Train (I-D-D- T)
methodology to incorporate ROE into the conduct of military operations. OPLAW JAs participate in all four facets of this methodology. Each facet is connected with and influences the others, and together the facets describe a process of continuous refinement and revision. The facets in the ID-D-T methodology are interactive rather than sequential.
In joint task forces and at higher joint echelons, the I-D-D-T methodology is conducted by an ROE Planning Cell. The ROE Cell consists of the 5-3, the J- 2, the J-5,and the SJA or designated representatives, in addition to other special staff officers as appropriate. The Joint Task Force 5-3 is responsible for ROE in crisis action planning, and the ROE Cell provides a formal planning structure through which the J-3 can effectively perform this responsibility.
At corps and divisions, the I-D-D-T methodology is conducted by the members of the Deep Operations Coordination Cell (DOCC) and any Information Operations Cell, in conjunction with their duties in the targeting process. At brigade level, the Brigade Judge Advocate coordinates throughout the military decision-making process with the S-3 and with all staff officers engaged in targeting to ensure that the I-D-D-T methodology is conducted.
8.4.1 Interpret
At the operational and tactical levels of conflict, commanders and staffs must interpret the ROE issued by higher headquarters. At the theater level, the CINC and his staff must interpret the SROE and any mission-specific ROE that may emanate from CJCS or the National Command Authorities. Interpretation of ROE demands skills that are well-honed in the legal profession and specifically cultivated within the "judge" function of legal support to operations. Thus, while the commander will ultimately determine what a rule issued by higher headquarters demands of his command, OPLAW JAs will provide expert assistance.

The interpretive expertise of the OPLAW JA begins from a thorough familiarity with the SROE. It relies upon aggressive research to find all operations plans, orders, messages, standing operating procedures, treaties and coalition documents, directives, and regulations that purport to establish or change the ROE. It demands careful organization of these documents (chronologically, by issuing headquarters) to determine which is authoritative on which point. It requires skill at reconciling two rules that appear to contradict by considering broader imperatives contained in the text of the rules or other guidance as well as clearheaded reasoning from any available precedents as to how the contradictory rules have been interpreted in the past. It presumes intimate knowledge of the "facts" of the military operation and sufficient knowledge of staff organization and procedures to gather information from those who can provide additional needed facts.
The OPLAW JA's contribution to the interpretation of ROE sometimes requires more than the skills of textual construction and factual analysis, however. In some situations, the OPLAW JA will be the sole member of the ROE Planning Cell, the DOCC, or the staff possessing the necessary training in objectivity and impartiality to state unpleasant interpretations of a higher headquarter's ROE. This requires constant situational awareness made possible through secure and nonsecure communication nodes, mobility, the commander's task organization of placing OPLAW JAs in command posts as discussed in earlier chapters.
8.4.2 Draft
In some operations, ROE will be top-driven, meaning that a higher echelon commander-for instance a CINC-establishes ROE that must be disseminated verbatim to all lower echelons. The preference of military doctrine, because it preserves lower echelon initiative, is for ROE to be top-
fed, meaning that a higher-echelon commander establishes rules for immediate subordinate echelons. These subordinate echelons in turn disseminate ROE that are consistent with those of higher headquarters but tailored to the particular unit's mission. These methods may also coexist within a particular operation, as some rules may be top-driven while others may be subject to discretion on the manner of dissemination and thus top-fed.
When the rules are not top-driven, commanders and staffs from theater level down to brigade draft ROE for
Legal Support to Operations
their commands. At theater and JTF levels, the drafting of ROE results in Appendix 8 (Rules of Engagement) to Annex C (Operations) of the operations plan (OPLAN) or operations order (OPORD), in accordance with the Joint Operations Planning and Execution System (JOPES), Joint Publication 5-03. At corps, division, and brigade level, the drafting of ROE results in Annex E to the OPLAN or OPORD in accordance with Army doctrine. Army doctrine also calls for the integration of ROE in the coordinating instructions subparagraph of paragraph 3 (Execution) of the body of the OPLAN or OPORD.
JOPES and Army doctrine provide minimal guidance as to the contents and format of these ROE documents. Standing operating procedures (SOPS), which exist in part to enable OPLANs and OPORDs to be brief, frequently provide extensive content and format guidance. This guidance, in turn, typically draws heavily upon the SROE, incorporating both standing rules and supplemental rules according to a command-specific format that is periodically updated and continuously trained. Appendix E to Enclosure B of the SROE contains a message format by which CINCs request and receive supplemental ROE.
The drafting of ROE in the context of multinational operations presents additional challenges. The SROE state that United States forces assigned to the operational control (OPCON) of a multinational force will follow the ROE of the multinational force unless otherwise directed by the National Command Authorities (NCA). The SROE further state that United States forces will be assigned and remain OPCON to a multinational force only if the combatant commander and higher authority determine that the ROE for that multinational force are consistent with the policy guidance on unit self- defense and with the rules for individual self-defense contained in this document. When U.S. forces, under United States OPCON, operate in conjunchon with a multinational force, reasonable efforts will be made to effect common ROE. If such ROE cannot be established, U.S. forces will exercise the right and obligation of self-defense contained in the SROE while seeking guidance from the appropriate combatant command.
Participation in multinational operations may be complicated by varying national obligations derived from international agreements; i-e., other members in a coalition may not be signatories to treaties that bind the United States, or they may be bound by treaties to which the United States is not a party. United States forces still remain bound by U.S. treaty obligations even if the other members in a coalition are not signatories to a treaty and need not adhere to its terms.
A multinational partner's domestic law, policy, and social values may also effect mu1 tinational planning at the strategic and operational level. Lessons learned from recent multinational exercises and operations reflect significant differences in how various countries understand and view the application of military force through the ROE. These factors can severely limit -or expand a Multinational Commander's ability to use a national contingent's capabilities. Legal advisors at all levels

advocates disseminate and train ROE to all lowest levels. All training opportunities should reinforce ROE and teach soldiers how to apply the basic rules of self-defense. Individual and unit preparation for specific missions must incorporate training that challenges soldiers to apply mission-specific ROE. In crisis response situations, ROE training may consist of leaders and soldiers receiving and training on the mission-specific ROE en route to the departure airfield. Jn that case, the knowledge gained on the basic rules of self-defense and scenario-specific, situational ROE during past scheduled training enables commanders and soldiers to better understand and adhere to the crisis situation ROE. When preparing for missions such as peacekeeping or disaster relief, commanders should remember that these missions normally require soldiers to use greater restraint and discipline than in offensive or defensive operations.
ROE should always include situational training. This situational training should challenge soldiers in employing weapons, levels of force, and other ROE. Situational training exercises (STXs) focus on one or a small group of tasks-within a particular mission scenarieand require that soldiers practice until the tasks can be executed to some pre-established standard. Trainers refer to these scenarios unofficially as "vignettes," and to this type of training as "lane training." To conduct STXs on ROE, a commander, judge advocate, or other trainer places a soldier in a particular simulated operational scenario and then confronts him with an event, such as the crashing of a traffic checkpoint barrier by a speeding vehicle. The trainer evaluates the soldier's response, and afterward discusses alternative responses available within the ROE. The STX brings to life abstract rules contained in written ROE, giving the soldier concrete tern of reference within whch to determine his response. In this way, the soldier achieves the balance between initiative and restraint so important to success, particularly in MOOTW. The SJA must be prepared to assist in providing ROE training, including vignette-driven training, and to ensure that subordinate SJAs are involved in providing similar assistance for ROE training.
The SROE articulate baseline principles that are useful in conducting soldier training within STXs, prior to a deployment. These principles can be restated within an acronym that permits individual common task training (CP) by establishing a standard against which to evaluate the soldier's response during the STX. One training device that captures the baseline SROE principles is the mnemonic RAMP. The box below outlines the elements of R-A-M-P, which when used within a context of repetitive and varied situational training, inculcates effective responses under conditions of stress. Because R-A-M-P principles incorporate necessity and proportionality, RAMP training provides a solid framework upon which mission- specific ROE training can build. Nevertheless, legal personnel must assist soldiers in understanding that R-A-M-P self-defense principles are not a substitute for mission-specific ROE training.
Legal Support to Operations

In all ongoing operations, but particularly in volatile and rapidly changing peace operations, commanders must conduct continuous refresher training. Commanders in Bosnia effectively developed and updated situational ROE training based on actual recorded events that took place in the theater of operations from previous weeks. In the gray zone surrounding ROE in peace enforcement operations, commanders, with their OPLAW JAs, must continually hone their soldiersy ability to balance initiative and restraint.
R-A-M-P
R -Return Fire with Aimed Fire. Return
force with force. You always have the right
to repel hostile acts with necessary force.
A -Anticipate Attack. Use force if, but
only if, you see clear indicators of hostile
intent.
M -Measure the amount of Force that
you use, if time and circumstances permit.
Use only the amount of force necessary to
protect lives and accomplish the mission.

P -Protect with deadly force only human
life, and property designated by your
commander. Stop short of deadly force
when nrnterti nu nther nrnnertv

ABCS AC-RC ACCA ACO ACOM
ACS A

ACU
ADCON ADDS AGCCS ADC-M ADC-S AJAG AJAGICLL AJAG/MLO
ALCOM ALOC ALLS AMOPES AMOPS ANGLICO A0 AOA AOC AOE
AR
ARFOR ARNG ARNG Spec Asst
ASCC ASG AS1 Assault CP ATCCS
BCT BCTP BDCSTS
Legal Support to Operations

Glossary
Army Battle Command System
Active Component-Reserve Component
Army Court of Criminal Appeals
Area Claims Office

Atlantic Command (ACOM will be redesignated USJFCOM on or
about 1 Oct 99)

Acquisiti.on and Cross-Servicing Agreement
Area Common User
Administrative Control

Army Data Distribution System
Army Global Command and Control System
Assistant Division Commander-Maneuver
Assistant Division Commander-Support
Assistant Judge Advocate General
Assistant Judge Advocate General for Civil Law and Litigation
Assistant Judge Advocate General for Military Law and
Operations

Assistant Judge Advocate General for Operations, a United States
Army Reserve Individual Mobilization Augrnentee
Alaskan Command

Administrativebgistics Operations Center
Army Law Library Service
Army Mobilization Planning and Execution System
Army Mobilization and Operations Planning System
Air and Naval Gunfire Liaison Company
Area of Operations
Areas of Assistance
Areas of Conflict
Army of Excellence
Army Regulation
Army Forces
Army National Guard

The Army National Guard Special Assistant to The Judge
Advocate General

Army Service Component Commander
Area Support Group

Additional Skill Identifier
Assault Command Post, a TAC CP in a rapidly deployed division
Army Tactical Command and Control System
Brigade Combat Team Battle Command Training Program Broadcast System BDE BN BOLT BUB
C2 C21 CA CAAF CENTCOM CCE CD CDD CDP CD-ROM ClMIC CINC CJA CJCS CJCSI CJCS SROE CLAM0 CLE CLEA CLNCO CMO CMOC CNR COA COCOM COL COMMZ CONUS CONUSA COSCOM COTS CP CPO CPT CTC CTT
cz
DAD D-D-D-A Brigade Battalion Brigade Operational Law Team Battle Update Brief
Command and Control Command, Control, and Information Civil Affairs Court of Appeals for the Armed Forces Central Command Commanders' Critical Information Requirements Compact Disc; Counter Drug Combat Developments Division, TJAGSA Combat Decision-Making Process Compact Disc, Read-Only Memory Civil-Military Information Center Commander in Chief Command Judge Advocate Chairman, Joint Chiefs of Staff Chairman, Joint Chiefs of Staff Instruction Chairman, Joint Chiefs of Staff Standing Rules of Engagement Center for Law and Military Operations Continuing Legal Education Civilian Law Enforcement Agency Chief Legal Noncommissioned Officer Civil-Military Operations Civil-Military Operations Center Combat Net Radios Course of Action Combatant Command Colonel Communications Zone Continental United States Continental United States Army Corps Support Command Commercial-off-the-shelf Command Post Claims Processing Office; Civilian Personnel Office Captain Combat Training Center Common Task Training Combat Zone
Defense Appellate Division Decide-Detect-Deliver-Assess
Legal Support to Operations

DEP'T DFSCORD DIRLAUTH DISCOM DIVARTY DOCC DoD DoD Dir. DoJ DBMS DOS DSJA DTAC DTLOMS
EEM ESF EPW EUCOM
FAR FJ3CB2 FBI FCA FCC FEMA
FM

FOIA FORSCOM Force XXI
FRAGO
FSB FSCL FSCORD FSOP
GAD
GCM

Department

Deputy Fire Support Coordinator
Direct Liaison Authorized
Division Support Command
Division Artillery

Deep Operations Coordination Cell
Department of Defense

Department of Defense Directive
Department of Justice

Director of Milit&y Support
Department of State

Deputy Staffl Judge Advocate
Division TAC CP

Doctrine, training, leadership, organization, materiel, and soldiers
Early Entry Modules

Emergency Support Functions
Enemy Prisoner of War
European Command

Federal Acquisition Regulation
Force XXI Battle Command-Brigade and Below System
Federal Bureau of Investigations
Foreign Claims Act

Foreign Claims Commission
Federal Emergency Management Agency
Field Manual

Freedom of Information Act
Forces Command

Force Twenty-One, the digitized Army
Fragmentary Order

Forward Support Battalion
Fire Support Coordination Cell
Fire Support Coordinator
Field Standard Operating Procedures
Corps and Division Assistant Chief of Staff, Personnel Corps and Division Assistant Chief of Staff, Intelligence Corps and Division Assistant Chief of Staff, Operations and Plans Corps and Division Assistant Chief of Staff, Logistics Corps and Division Assistant Chief of Staff, Civil Affairs Corps and Division Assistant Chief of Staff, Information Management Government Appellate Division General Court-Martial GCMCA GCSS-A GPS
IFA

BCA HMMWV
I-D-D-T IMA IMO IPB
J A J AGC JAGCNet JAGS0 JAW JCS JFACC
JFC
JFCOM JFLCC JFMCC JFSOCC
JIATF
JWC
JO A JOPES JP
JRA
JSCP JSOTF JTCB General Court-Martial Convening Authority Global Combat Support System-Atmy Global Positioning System
Humanitarian Assistance Humanitarian and Civil Assistance High-Mobility Multipurpose Wheeled Vehicle
In Accordance With

International Committee of the Red Cross
International Organization; Information Operations; Investigating
Officer

Interpret-Draft-Disseminate-Train
Individual Mobilization Augmentee
Information Management Officer
Intelligence Preparation of the Battlefield
Manpower & Personnel Directorate of a Joint Staff Intelligence Directorate of a Joint Staff Operations Directorate of a Joint Staff Logistics Directorate of a Joint Staff Plans Directorate of a Joint Staff Command, Control, Communications, Computer Systems Directorate of a Joint Staff Judge Advocate Judge Advocate General's Corps Judge Advocate General's Corps Network (www.jagcnet.army.mi1) Judge Advocate General Service Organization Judge Advocate Warfighting Experiment Joint Chiefs of Staff Joint Forces Air Component Command Joint Force Commander Joint Forces Command (the successor organization to ACOM) Joint Forces Land Component Command Joint Forces Maritime Component Command Joint Forces Special Operations Component Command Joint Inter-Agency Task Force joint Military Commission; Joint Movement Center Joint Operations Area Joint Operations Planning and Execution System , Joint Publication I Joint Rear Areas 1 Joint Strategic Capabilities Plan Joint Special Operations Task Force Joint Targeting Coordination Board
JTF JTTP JZ
LAAWS LDP LOGCAP LOW LSO LST LTC
MACDIS Main CP MAJ MCS MCS-P MDMP METL ME'IT-TC
MNF MOB MOBTDA MOOTW MOS MPCA MRE MSG MSO
NATO
NBC
NCA
NCO
NCOIC
NG
NGO
NGR
NMS
NSS
OC
OCONUS
OIC
Legal Supgloat to Operations

Joint Task Force Joint Tactics, Techniques, and Procedures Joint Zones
Legal Automated Army-Wide System Leadership Development Program Logistics Civil Augmentation Program Law of War Legal Support Organization Legai Support Team Lieutenant Colonel
Military Assistance for Civil Disturbances Main Command Post Major Maneuver Control System Maneuver Control System -Phoenix Military Decision Making Process Mission Essential Task List Mission, Enemy, Troops, Terrain, Time Available, and Civilian Considerations Multinational Forces Mobilization Mobilization Table of Distribution and Allowance Military Operations Other Than War Military Occupational Specialty Military Personnel Claims Act Mission Rehearsal Exercise; Meals Ready to Eat Master Sergeant Mobilization Support Organization
North Atlantic Treaty Organization Nuclear, Biological and Chemical National Command Authorities Noncommissioned Officer Noncommissioned Officer in Charge National Guard Non-governmental Organization National Guard Regulation National Military Strategy National Security Strategy
Observer-Controller Outside the Continental United States Officer in Charge OOTW OPCON OPLAN OPLAW OPLAW JA OPORD OSJA OT OTJAG
PACOM PCMCIA
PDD PEO PFC PKO PLEX PLP PPTO PROE PSYOP PVO
R-A-M-P
RCM RDC RDL Rear CP ROE RSC RSG RTDT
S-i S-2 S-3 S-4 S-5 SA SECDEF SFC
Operations Other Than War Operational Control Operations Plan Operational Law Operational Law Judge Advocate Operations Order Office of the Staff Judge Advocate Observer-Trainer Office of the Judge Advocate General
Pacific Command Personal Computer Memory Card International Association (modem and network cards for notebook computers) Presidential Decision Document Peace Enforcement Operations Private First Class Peace Keeping Operations Plans/Exercises Cell Premobilization Legal Preparation Personnel, Plans, and Training Office Peacetime Rules of Engagement (superseded by the JCS SROE) Psychological Operations Private Voluntary Organization
Learning device for ROE training. Return Fire with Aimed Fire- Anticipate Attack-Measure the Amount of Force-Protect with Deadly Force only Human Life and Property Designated by the Commander Rules for Courts-Martial Regional Defense Counsel Rucksack Deployable Law Office and Library Rear Command Post Rules of Engagement Regional Support Command Regional Support Group Regional Trial Defense Team
Adjutant
Intelligence Officer
Training and Operations Officer
Supply Officer
Civil Affairs Officer
Secretary of the Army; Security Assistance
Secretary of Defense
Sergeant First Class

Legal Support to Operations
SGLI SGT SIPRNET S JA
soco
SOCOM SO1 SOF SOFA SOP SOUTHCOM SPACECOM SPC SROE SRP SSCR SSCRA SSG SSORD STANAG STARC STRATCOM STX
TAACOM TAC CP TACCl TACON TACSOP TADSS TAJAG TDA
TDT

TOA TOC TOE TOR TJAG TJAGSA TRANSCOM TSC TTP
UCMJ UCO Soldiers' Group Life Insurance Sergeant Secret Internet Protocol Router Network Staff Judge Advocate Standards of Conduct Office Special Operations Command Signal Operation Instructions Special Operations Forces Status of Forces Agreement Standard Operating Procedures Southern Command Space Command Specialist Standing Rules of Engagement Soldier Readiness Program Processing Single-service Claims Responsibility Soldiers' and Sailors' Civil Relief Act Staff Sergeant Service Support Order Standardization Agreement State Area Commands Strategic Command Situational Training Exercises

Theater Army Area Command Tactical Command Post Tactical Command Post in a Digitized Division Tactical Control Tactical Standard Operating Procedures Training Aids, Devices, Simulators, and Simulations The Assistant Judge Advocate General Trial Defense Service Trial Defense Team Transfer of Authority Tactical Operations Center Table of Organization and Equipment Terms of Reference The Judge Advocate General The Judge Advocate General's School, Army Transportation Command Troop Support Command Tactics, Techniques, and Procedures
Uniform Code of Military Justice Unit Claims Officers UCP UN USACAPOC
USACCA USAID USALSA USAR USARCS USASOC US ATDS USC USCA USJFCOM
USFJ USFK
WARN0 WMD Unified Command Plan
United Nations

United States Army Civil Affairs and Psychological Operations
Command

United States Army Court of Criminal Appeals
United States Agency for International Development
United States Army Legal Services Agency
United States Army Reserve
United States Army Claims Service
United States Army Special Operations Command
United States Army Trial Defense Service
United States Code

United States Code, Annotated
United States Joint Forces Command (the successor organization
to ACOM)

United States Force, Japan
United States Forces, Korea
Warning Order Weapons of Mass Destruction
Executive Officer
Legal Support to Operations

References
These are the sources quoted or paraphrased in this publication.' AR27- 1. Judge Advocate Legal Services. February 1995. AR27-3. Legal Assistance. March 1989. AR27-10. Military Justice. June 1996. AR27-20. Claims. December 1997. AR27-26. Rules of Professional Conduct for Lawyers. May 1992. AR200- 1. Environmental Protection and Enhancement. February 1997. AR500-5. Anny Mobilization. June 1998. AR 600-20. Army Command Policy. April 1988. CJCSI 3 12 1-01. Standing Rules of Engagement for US Forces. October 1994. CJCSI 5810.01. Implementation of the DoD Law of War Program. August 1996. DA Pamphlet 27-1 -1. Protocols to the Geneva Conventions of 12 August 1949. September 1979. DA Pamphlet 27-162. Claims. April 1998. DoDD 5 100.77. DoD Law of War Program. December 1998. FM6-20-10. Tactics, Techniques, and Procedures for the Targeting Process. May 1996. FM25-100. Training the Force. November 1988. FM 25-101. Battle Focused Training. September 1990. FM27-1 00. Legal Operations. September 1991. FM 33-1. Psychological Operations. July 1987. FM 41 -10. Civil AfSairs Operations. January 1993.
FM 7 1-1 00. Division Operations. August 1996.
FM 100-5. Operations. June 1993.
FM 100-7. Decisive Force: The Army in Theater Operations. May 1995.
FM 100- 1 1. Force Integration. January 1995.
FM 100- 17. Mobilization, Deployment, Redeployment, Demobilization. October

1992. FM 100-20. Military Operations in Low Intensity Conflict. December 1990. FM 100-23. Peace Operations. December 1994. FM 100-23-1. Multiservice Procedures for Humanitarian Assistance. October
1994. FM 100-25. Doctrine for Amy Special Forces. December 1991 FM 10 1-5. StafS Organization and Operations. May 1997. JP 0-2. Unified Action Armed Forces. February 1995. JP 1-02. Department oLDefense Dictionary of Military and Associated Terms.
December 1989. JP 3-0. Doctrine for Joint Operations. February 1995. JP 3-05..Doctrine for Joint Special Operations. October 1992. JP 3-07. Joint Doctrine for Military Operations Other Than War. June 1995. JP 3-07.1. Joint Tactics, Techniques, and Procedures for Foreign Internal
Defense (FID). June 1996. JP 3-07.2. Joint Tactics, Techniques, and Procedures for Antiterrorism. March 1998. JP 3-07.3. Joint ~actics, Techniques, and Procedures for Peace Operations.
February 1999.

JP 3-07.4. Joint Counterdrug Operations. February 1998.
JP 3-07.5. Joint Tactics, Techniques, and Procedures for Noncombatant
Legal Support to Operations

Evacuation Operations. September 1997. JP 3-07.6. Foreign Humanitarian Assistance Operations. To be published. JP 3-53. Joint Psychological Operations Doctrine. February 1987 ST 100-9. The Tactical Decision-Making Process. Fort Leavenworth, Kansas:
United States Army Command and General Staff College, July 1993. STP 21-1-SMCT. Soldier's Manual of Common Tasks, Skill Level 1. October
1994. A National Security Strategy for a New Century. The White House, 1998. A Study of War. Quincy Wright. 1942. "American Strategy from its Beginnings through the First World War." Russell F.
Weigley. Makers of Modem Strategy From Machiavelli to the Nuclear Age. 1986. Army Vision 2010. Department of the Army. Code of Judicial Conduct. American Bar Association, 1972.
Deciding What Has to be Done: General William E. Depuy and the 1976 Edition of FM 100-5, Operations. Major Paul H. Herbert. Fort Leavenworth, Kansas: Combat Studies Institute, 1988.
Hague Convention (N)Respecting the Laws and Customs of War on Land, Annex to the Convention. 1 Bevans 63 1. 1907
In the Operations Center: A Judge Advocate's Guide to the Battle Command Training Program. Charlottesville, Virginia: Center for Law and Military Operations, 1996.
Into the Storm: A Study in Command. Tom Clancy and General Fred Franks, Jr. (Ret). 1997.
Joint Vision 201 0. Washington, DC: Office of the Chairman of the Joint Chiefs of Staff.
Judge Advocates in Combat. Colonel Frederic L. Borch.
Knowledge and Speed: Battle Force and the U.S. Army of 2025, The 1998 Annual Report on The Army Aper Next Project to the Chief of StafSof the
Amp Fort Monroe, Virginia; U.S. Army Training and Doctrine Command, 1998. Law and Military Operations in Haiti, 1994-1 995. Charlottesville, Virginia: Center for Law and Military Operations, 1995. Law and Military Operations in the Balkans, 1994-1 998. Charlottesville, Virginia: Center for Law and Military Operations, 1998. Legal Guide to Peace Operations. Carlisle, Pennsylvania: U.S. Army Peacekeeping Institute, 1998. "Legal Issues in Peace Operations." Captain Glenn Bowens. Parameters. Winter 1998- 1999. Legal Services Study Report. Washington, DC: Office of The Judge Advocate General, Department of the Army, 1998. Manual for Courts-Martial, United States. 1998. "Napoleon and the Revolution on War." Peter Paret. Makers of Modem Strategy From Machiavelli to the Nuclear Age. 1986. National Military Strategy of the USA. Washington,, DC: Office of the Chairman of the Joint Chiefs of Staff, 1997. One Team -One Fight -One Future. Department of the Army, 1999. "Operational Law (OPLAW): A Concept Comes of Age." Lieutenant Colonel David E. Graham. The Amy Lawyer. July 1987.
Operational Law Handbook. Charlottesville Virginia: International and Operational Law Department, The Judge Advocate General's School, U.S. Army, 1998.
Parker v. Levy, 417 U.S. 733 (1974).
Savage Peace: Americans at War in the 1990s. Daniel K. Bolger. 1995.
Tackling the Contingency Deployment: A Judge Advocate's Guide to the hint
Readiness Training Center. Charlottesville, Virginia: Center for Law and
Military Operations, 1996.

The Amy Lawyer: A History of The Judge Advocate General's Colps, 1775- 1975. Washington, DC; U.S. Government Printing Office, 1975.
Legal Support to Operations
The Army Lawyer. August 1995: 40-41.

The Dynamics of Doctrine: The Changes in German Tactical Doctrine During the First World War. Timothy T. Lupfer. Fort Leavenworth, Kansas: Combat Studies Institute, 198 1.
The Judge Advocate Warfighting Experiment (JA WE): Final Report.
Charlottesville,Virginia: Center for Law and Military Operations, 1997. The Management of Security Assistance. Defense Institute of Security
Assistance Management. 1998. Title 10, U.S. Code, Sections 401,1044, & 3062. 1998. Uniform Code of Military Justice. Title 10, U.S. Code, Chapter 47. 1998. United Nations Charter.
A
ABCS 2- 19,4-26,4-27
Acquisition and Cross-Servicing Agreements -3-9,5-6
Administrative Control. 4-7,4-8,410
Administrative Law .v, 2-3, 1,5-8
Advocate -i, iii, v, vii, ix,x, 1-1, 1-4, 1-9,2-1,2-2,2-

3,2-5,2-6,2-7,2-10,2-11,2-14,2-15,3-2,4-21,
4-33,4-40, i, 5-7,5-11,s-21,523, 5-25,8-9, 1-2,

1-3, 1-4, 1
Agency -iii,vi, 2-1,2-3,4-6, 7-1,7-5,7-8,7-12,7-13
MAG 2-3, 2-4, 2-5
Alliance 4-6
ALLS .2-5
A0 .4-3
Area Support Group .4-23
ARFOR 4-7
Arms Control .v, 1,6-7
Army Battle Command System. 2-19,4-26,4-30
Army Law Library Service .2-5, 2-12
Army National Guard -iii,x, 2-1,2-3, 2-6,2-7,7-3,7-

13

Army of Excellence .3-6,3-8,3-9,3-10,3-12.3-14,

5-10,5-15
Army Reserve iii,x, 2-1,2-3,2-7,2- 10,5-5
Army Service Component Command -v, 4-23,4-24,1,

5-9,5-13
ARNG -2-6,2-18,5-7
ASCC .4-7,4-23,4-25,5-9,5-13,5-14
Assistant Judge Advocate General -2-3,2-4,2-5
Automation iv, 2-19, 1,4-25,4-26

Battle Command Training Prograrn -5-26
BCTP 5-26
BOLT. 2-13,4-27,435,4-40,4-41,5-21,5-22,5-24
Brigade -v, 2-13,2-16,3-2,3-4, 1,5-12,5-16,5-17,

5-21,5-22,5-23, 8-9
Brigade Judge Advocate -5-21,5-23,8-9
Brigade Operational Law Team. 2-13,5-12,5-21

C2 -iii,,v,vi, 1-2, 1-6,2-16,3-1,426,4-27, 1,5-4,5-
5,5-12,5-13, 5-15,5-17,5-22,5-24, 1,6-5,6-6,6-
10

Center for Law and Military Operations .2-3,2-5,2-
16,2-18,2-19, 3-3,4-25,428,5-26, 1,7-3
Chairman of the Joint Chiefs of Staff 2- 15,4-4,6- 12,

6-13,7-11,8-2,s-7, 1, 1-6, 1-7
Chemical Weapons Convention .5-5
Chief Legal Noncommissioned Officer -2- 10,2- 12

Legal Support to Operations
..2-

Index
CINC 4-2,4-3,4-4,4-5,4-7,4-8,4-9,4-10,4-21,4-
36,5-9,7-9,8-10
Civil Affairs .iv, 1,4-38, 4-39, 6-14
Civil Disturbance .vi. 7-7. 7-9. 8-7
Civil Law .v, 2-3,2-5,4-21, 1,5-8
Civil Military Operations .3-13
Civil Military Operations Center -4-6, 6-6
Civilian. 2-12,2-14,4-41,7-8, 8-4
CJA 2-14,4-23,4-28,4-40,4-41,5-12,5-13
CJCS vi, 4-7,4-25,6-12,7-4,7-8,7-9, 1, 8-7, 8-8,

8-10
Claims. V, 1-3,2-1,2-2,2-5,3-11,3-12,3-13,4-33,

1,5-8,7-11
CLAM0 2-3,2-5,2-16,2-18,2-19, 3-3,4-25,4-28,
5-26, 1,7-3
CLNCO -2-8, 2-10, 2-12, 3-2, 4-27, 5-13, 5-14, 5-15,

5-17,5-18, 5-25
CMOC -4-6,6-6
COCOM .4-7,4-8
Combat Service Support .viii, 1-9
Combat Service Support Control System -1-9
Combat Zone iv, 1,43
Command. iii, iv, v, vii, x, 1-1,3, 1-6,2-1,2-8,2-11,

2-14,2-15,2-19, 3-9, 3-10,3-12,3-14, 1,4-2,4-4,
4-5,4-6,4-8,4-18,4-23,4-24,4-26,4-30,4-33,4-
34,4-38, 1,5-4,5-9,5-10,5-11,5-13,5-15,5-22,
5-24,5-26, 1, 6-3,6-5,6-8,6-10,6-11,6-12,6-15,
7-5,7-12, 8-10, 8-1 1, 1

Command and Control. iii, v, vi, 1-2, 1-6,2-16,3-1,
4-26,4-27, 1, 5-4,5-5,5-12,5-13,5-15,5-17,5-
22, 5-24, 1, 6-5,6-6, 6-10

Command Judge Advocate .iii, 2- 1,2- 14
Command Post .V,2-11,2-19, 3-2,4-27, 1,5-10,5-
11,5-12,5-15,5-18,5-22, 5-23, 5-24

Commander vi, 2-4, 2-15,4-5,4-11,4-20,4-23,4-
24,4-34, 5-10,5-11,5-12,7-9, 1,8-2, 8-8,8-11, 8-
13

Communications Zone iv, 1,4-3
Continental United States Army. 2-10, 2-18
Contract Law .2-3,4-21
CONUS 2-6, 2-7,2-10, 2-18,2-19,4-21,4-28,4-33,

5-7
CONUSA. 2-10,2-18
Core Legal Discipline .i, viii, 1-1

administrative law .viii, 1-2, 1-4,2-8,2-15,3-1, 3-

7,3-8,3-9,4-31,4-35,5-24
civil law .viii, 1-2, 1-4,2-8, 2-15, 3-1, 3-9,3-11,4-
31, 4-35, 4-42, 7-5

claims vii, viii, 1-2,4, 1-4, 1-9,2-2,2-5,2-8,2-11,
2-13, 2-14, 2-15, 2-19,2-20,3-1,3-11,3-12, 3-
13,4-27,4-29,4-31,4-32, 4-35,4-41, 1,5-6, 5-
8,5-24, 6-9, 6-1 1,7-6

international law -vii, viii, 1-2, 1-4, 1-8, 1-10,Z-2,
2-16, 3-1, 3-2, 3-6, 3-7, 3-9,4-22,4-31,4-35,4-
38,4-39, 5-4,5-5, 6-5,6-10,6-13, 1, 8-2,8-3,8-
5

legal assistance vii, viii, 1-2, 1-4,2-8,2- 11,2-12,
2-14,2-15, 3-1,3-13,3-14,3-15,4-27,4-29,4-
31,4-35,4-38, 1,5-6,5-7,5-24, 1

military justice. vii, viii, 1-2, 1-4, 2-1, 2-8, 2-11,2-
12, 2-13,2-14, 2-15, 2-20, 3-1, 3-3, 3-4, 3-5,4-
29,4-31,4-32,4-35,4-38, 5-6
Corps. i, vii, ix, 1-1,2-5,2-11,4-4,4-24,4-39, 5-14,
5-15, 5-21,7-12, 8-2, 1-2, 1-3, 1-4
Corps Support Command. 4-24
COSCOM .3-8, 3-9, 3-10,4-24, 5-14, 5-15
Counsel. iii, 2-1,2-8,2-15,3-4,3-5,3-15,5-14
Counselor .iii, 1-1, 1-5
Counter-Drug .v, vi, 1, 6-7, 7-10
Countertenorism. 4-36, 6-7
Country Team -4-6,6-6
Court-Martial .5-5
CP -3-2,4-27, 5- 10,5- 11,5- 12, 5- 15, 5- 18, 5-22, 5-
23, 5-24
CSS viii, 4-15
CSSCS . 1-9

Deep Operations Coordination Cell. 5-12, 8-2, 8-9, 8-
10
Department of Defense .2-2, 2-1 1, 2-18, 3-6, 3- 11, 3-
12,4-38,4-41, 5-5, 6-6,6-13,7-1, 7-4,7-5, 7-6,7-
8,7-9,7-10, 7-11, 7-12,7-13, 7-14, 8-2,8-4
Department of Justice .3-10,7-8,7-13,7-14
Department of State .6-6
Deputy StaffJudge Advocate .2-10, 2-11, 2-13, 2-19,
4-20,4-27,4-33,4-34,4-35,5-12, 5-13, 5-14,5-
15,5-17,5-21,5-25
Digitized Division .5- 10,5- 1 1
DOCC .5-12,8-9, 8-10
DoD -2-2, 2-1 1, 2-18, 3-6, 3-1 1, 3-12,4-41, 5-5, 6-6,
6- 13, 7- 1, 7-4,7-5,7-6,7-8, 7-9, 7- 10, 7- 11,7- 12,
7-13,7-14, 8-4
DoD Law of War Program. 2-2,2- 11
DoJ .3-10, 7-8, 7-13, 7-14
DoS .6-6, 7-1 1
DSJA .2-10, 2-11,2-13, 2-19, 4-20, 4-27,4-33,4-34,
4-35, 5-12, 5-13, 5-14, 5-15, 5-17,5-21,5-25
Duties. 7-6

Environmental Law. 2-3, 3-10
Exclusion Zones -v, 1, 6-7

Federal Emergency Management Agency. 7-5,7-13
FEMA .7-5, 7-13, 7-14
Field Operating Agencies .iii, 2-1, 2-3, 2-16
Fiscal Law .2-5
Force Projection .iv, 1, 4-21
Force XXI ix,3-6,3-8,3-9,3-10,3-12, 3-14, 4-26,
5-10

Foreign Claims .3-13,5-8
FORSCOM .2-6, 2-10, 2-18, 4-25, 5-25, 7-9
FRAGO .4- 15
Functional Areas .vii

GCSS-A . 1-9,2-19
General Order .vii
Geneva Conventions .i, 4-33, 5-8, 8-2, 8-13

Humanitarian Assistance .v, 1, 6-7

ICRC -3-7
Information Operations. ix, 2-16, 3-2, 5-5, 5-1 1.5-18,
8-2, 8-9
Intelligence .vi, 4-19, 5-13, 1, 6-15
Interagency iii, v, vi, 1-6, 4-6, 1, 6-6, 6-12, 8-4
International. iii, v, vi, 1-1, 1-7,2-3,2-5, 2-19, 3-6.3-
7,4-6,4-41, 1, 5-8, 1, 6-8, 6-12
International Committee of the Red Cross .3-7, 6-12
International law .3-6
Interpret-Draft-Disseminate-Train.8-9
I0 .5-5, 5-18

JAGC .i, viii, ix, 1-1, 1-9, 2-5, 2-6, 2-7, 2-10, 3-15, 4-
21, 4-25,4-28,5-9, 5-14, 5-17, 7-12
JAGS0 X, 2-7,2-8,2-9, 4-40
JCS .8-7
Joint Chiefs of Staff. iii, 2-1, 2-14,2-15, 4-4, 6-12, 6-
13, 7-4, 7-8,7-11, 8-2,8-3, 8-7, 1, 1-6, 1-7
Joint Command .6-6
Joint Force 3-4, 4-2,4-5,4-23, 1-7
Joint Force Commander. 3-4,4-5,4-23
Joint Military Commission. 2-19, 6-10, 6-12, 6-15
Joint Operations. 4-6,4-12, 8-11
Joint Strategic Capabilities Plan .4-7
Joint Task Force .iii, 2-1,2-15,4-5,4-23,4-25,4-36,
7-11, 7-12, 8-9, 8-10
JTF 2-15,4-5,4-25, 4-36,7-11, 8-10
Judge. i, iii, v, vi, vii, ix, x, 1-1, 1-2, 3, 1-3, 1-4, 1-5,
1-6, 1-8, 1-9.2-1,2-2, 2-3,2-4, 2-5, 2-6, 2-7, 2-9,
2-10,2-11,2-12,2-14,2-15,2-16,2-19,2-20,3-2,
3-4, 3-5, 3-15, 4-4,4-5,4-8, 4-20,4-21,4-23, 4-26,
4-29, 4-31,4-33,4-36,4-38,4-40,1, 5-4, 5-6, 5-7,
5-10, 5-11, 5-12, 5-13, 5-14,5-15, 5-17, 5-18, 5-
21, 5-22,5-23, 5-24, 5-25, 6-3, 7-1, 7-3, 7-5, 7-13,
8-9, 8-13, 1-2, 1-3, 1-4, 1

Judge Advocate. i,iii, v, vi, vii, ix, x, 1-1, 1-9, 2-1, 2-
2,2-3, 2-5,2-6,2-7, 2-10, 2-11, 2-14,2-15, 3-2,3-
3, 3-15,4-5,4-15,4-20,4-21,4-33,4-38.4-39,4-
40, 1, 5-7,5-11,5-12, 5-13, 5-17,5-18, 5-21,5-23,
5-24, 5-25,7-3, 8-9, 8-10, 1-2, 1-3, 1-4, 1

Judge Advocate General Service Organization. x, 2-7,
2-8, 2-9,4-40

Judge Advocate General's Corps -i, viii, ix, 1-1, 1-9,
2-6,2-7,2-10, 3-15,4-21,4-25,4-28,5-9,5-14, 5-
17,7-12

Judge Advocate General's Corps .1-1,2-5
LAAWS . 1-9,2-19,4-26,4-27, 5-13, 5-14, 5-17

Law of the Flag 6-1 1,6-12
Law of War i,vii, 2-2,2- 11, 3-6,3-7, 2,4-15, 5-4, 5-
11,X-12
Lead Agency .vi, 7- 1,7-5,7-8,7- 12
Legal Administrator -2-10, 2-12, 2-13,3-2,4-27,5-25
Legal Assistance .v, 2-2, 2-3, 3-13, 3-15,4-33, 1, 5-9
Legal Automated Anny-Wide System. 1-9,2-19,4-
26,4-27,5-13,5-14,5-17

Legal Organizations .iii, 2-1, 2-6, 2-7

Legal Specialist .2-8, 2- 13

Legal Support Organization 2-7,2-10,2-18, 4-33,4-
34,4-35,4-36,5-7,7-3
Legal Support Team. 2-7,2-8,2-10
Legitimacy.iii, 1-1, 1-2, 1-10
Lion. 4-8,4-10
LOGCAP. 3-9,5-6,6-14
Logistics Civil Augmentation Program. 3-9,5-6,6- 14
LOW. vii, 3-6, 3-7,4-15, 5-11
LSO .2-7,2-10, 2-18,4-33,4-34,4-35,4-36,5-7,7-3

LST .2-7,2-8, 2-10

Main CP .3-2,5-11
Maneuver Control System. 1-9,2-19
Materiel. 4-5

MDMP -iv, 1,4-12, 4-18,4-19,4-20,5-4, 5-12

METL -iv, ix, 1,4-32,4-33,4-34,4-35, 5-25

METT-TC .vi, 2-19,4-4,4-13,5-11,5-12,5-14,5-
16,5-17,5-21,7-3,8-4, 8-12

Military Decision Making Process 4-18,4-19,4-20,
5-4,5-12
Military Decision-Making Process -4- 18
Military Justice v, 1-4,2-1, 2-4,2-11, 3-3,4-29,4-

33, 1,5-8

Military Operations Other Than War -v, 5-3, 5-4,5-6,
5-7,5-17, 1,6-3,6-4,6-5,6-6,6-8,6-10,6-11,6-
12,6-13,6-14, 6-15,6-16, 1, 8-2, 8-5,8-14, 1

Military Support to Civil Authorities .vi, 7-4

Mission -iii, iv, v, vii, ix, 1-1, 1-2, 1-8, 3-5, 1,4-6,4-
11,4-13,4-17,4-20,4-32.5-17,1, 6-5,6-6,6-10,

Legal Support to Operations

Mission Essential Task List. iv, ix, 1,4-32,4-33,4-34,

4-35, 5-25
Mission Rehearsal Exercise .6- 16
Mobility. iv, 1,4-28
Mobilization Support Organization .2-8, 3-14, 3-15,

4-33,4-34,4-35,4-36, 5-7

MOOTW .V,5-3,5-4,5-6,5-7,5-17, 1,6-3,6-4, 6-5,
6-6, 6-8, 6-10, 6-1 1, 6-12, 6-13, 6-14,6-15,6-16,
1, 8-2, 8-5, 8-14, 1

MRE. 6-16
MSO .2-8,3-14, 3-15,4-33,4-34,4-35,4-36,5-7

Nation Assistance .v, 1,6-8 National Command Authorities. 3,2-15,4-4,4-41,6-
3, 6-5, 6-8, 6-11,7-5, 7-12, 7-13,8-8, 8-10, 8-11
National Guard Bureau .x, 2-6,7- 11
National Military Strategy .viii, 4-4, 1-6, 1-7
National Security Strategy. viii, 1-6,4-3,4-4,7-13, 1-

6

–    NCA. 3, 2-15,4-4,4-41, 6-3,6-5, 6-8,6-11, 7-5, 7-
12,7-13, 8-8, 8-10, 8-11

Office of the Judge Advocate General 2-1,2-3,2-16,
2-18,4-25, 6-12
Office of The Judge Advocate General .iii, 2- 1
OPCON .2-6,4-8,4- 17, 4-36, 4-40, 8-1 1
Operation .vi, 2- 18,4- 16, 1,6-6, 6-9, 6-1 1
Operation Plan .3-3, 3-8,4-15,4-18,4-19, 8-1 1, 8-13
Operational Control .2-6,4-8, 4- 17,4-36,4-40,8- 11
Operational Law .i, iii, vii, 1-1, 2-1,2-3, 2-5, 2-13,2-

16, 2-19, 2,4-29, 5-12, 5-21, 6-10, 6-12, 6-14, 7-3

Operations Law .iv, 2-16,2-18, 3-1, 3-2, 3-3, 3-9, 3-
15,4-5,4-15,4-20,4-21,4-22,4-23,4-27,4-28,4-
32, 4-36,4-38,4-39,4-40, 5-4, 5-6,5-7, 5-8, 5-1 1,
5-12, 5-13, 5-14, 5-15,5-l7,5-18,5-21, 5-22,5-
24, 5-25,5-26,6-10,6-11,6-12,6-13,6-14,6-15,
6-16,7-1, 8-2,8-9, 8-10, 8-15

Operations Order. 3-3,4-15,4-16,4-17,4-18,4-20,
8-11, 8-13
OPLAN .3-3,3-8, 4-15,4-18, 4-19, 8-11,8-13
OPLAW. i, iii, iv, vii, 1-1, 2-1, 2-3,2-5,2-13,2-16, 2-

18,2-19, 3-1, 3-2, 3-3, 3-9, 3-15,2,4-5,4-15,4-

20,4-21,4-22,4-23,4-27,4-28,4-29,4-32,4-36,
4-38,4-39,4-40, 5-4, 5-6,5-7, 5-8, 5-11,5-12, 5-
13, 5-14, 5-15,5-17,5-18, 5-21, 5-22, 5-24, 5-25,
5-26,6-10, 6-11, 6-12,6-13,6-14,6-15, 6-16,7-1,
7-3,8-2, 8-9, 8-10, 8-15

OPLAW Judge Advocate -3-2
OPORD .3-3,4-15,4-16,4-17,4-18,4-20,8-1 1,8-

13
Order .4- 16, 8-2
OTJAG .iii, 2- 1,2-3,2- 16,2-18,4-25, 6- 12
Overseas Presence .iv, 1,4-21

PDD .7- 13

Peace Enforcement .6-4,6-9
Peace Operations. v, ix, 1,6-8

Peacekeeping .6-4,6-9
Personnel Claims .5-8

Personnel Service Support v, 4-29, 1,5-4,5-6

Planning .iv, 2- 18, 1,4 1 1,4- 12,4 13,4-20,4-22,4-
35,4-41,8-9,8-10, 8-11
Plans .2-16,3-2,4-12,4-15,5-12
Presidential Decision Directive -7-13
Private Voluntary Organizations .1-7
PSS .V,4-29, 1, 5-4,s-6
PVO .1-7

RAMP. 8-14
RC 4-33,435, 5-7,5-25
RDL .X, 1-9,2-13,2-19,3-13,4-26,4-27,4-28,4-38,

5-13,s-14,5-17,6-16
Rear CP .3-2

Recovery Operations .v, 1, 6-9

Regional Support Commands -2-10,2-18,5-7
Reserve Component -433,435, 5-7,s-25
ROE .vi, 2- 16,3-2,3-3,4-15, 5-5,5- 11, 5-12,5- 18,
1,6-3,6-5,6-9,6-10,6-11, 6-12,6-13, 6-14, 6-15,
6-16,7-6,7-12, 1,8-2,8-3, 8-4,8-5,8-6,8-7, 8-8,
8-9,8-10,8-11,8-12,8-13,8-14,8-15

RSC 2-18

Rucksack Deployable Law Office and Library .x, 1-9,

2-13,2-19,3-13,4-26.4-27,4-28,4-38,s-13,5-
14,5-17.6-16
Rules of Engagement. vi 2-16,3-2,3-3,4-15,s-5,5-
11,5-12,5-18, 1,6-3,6-5,6-9,6-10, 6-11,6-12,6-
13,6-14,6-15,6-16,7-6,7-12, 1,8-2,8-3,8-4,8-
5, 8-6,8-7,8-8,8-9, 8-10, 8-ll,8-12, 8-13, 8-14,
8- 15

SECDEF .4-4,4-5,4-7, 7-4,7-10, 7-1 1, 7-12

Secretary of Defense -4-4,4-5,4-7,7-4,7-10,7-11,
7-12
Secretary of the Army. 2-1,2-2,3-12,4-7,5-5,7-4
Service .iii, v, viii, x, 1-1, 1-2,3, 1-9,2-1,2-2, 2-3, 2-

5, 2-7,2-8,2-9, 2-12,3-4, 3-12,4-18,4-23,4-24,
4-29,4-40, 1,s-4,s-6.5-9,5-13,5-15,6-9

Show of Force .v, 1,6-9
SJA. i,iii, iv, ix, 1-$2-1, 2-3.2-6, 2-9,2-10, 2-11,2-
12,2-13,2-14,2-15,2-16,2-19,2-20,3-3,3-4,3-
5, 3-6, 3-7,3-9,3-10,3-12,3-15, 1,4-20,4-21,4-
23,4-25,4-26,4-27, 4-28,4-29,4-31,4-32,4-33,
4-34,4-35,4-36.4-38,4-39,4-40,4-41,5-4,5-11,
5-9,5-12, 5-13,5-14, 5-15.5-16,5-17, 5-18,5-21,

5-24, 5-25,s-26,6-12,6-14,6-15,7-3, 8-9, 8-13,

8-14, 1
SOFA .5-6,6-9
Soldier Readiness Processing -2-10, 2-14,2-18, 3-14,

3- 15
SOP. 4-16, 4-18,4-20, 5-10, 8-13
Special Operations .iv, ix, 1,4-2,4-36,4-37,4-38,5-

24, 6-8, 6-15
SROE. 6-12, 6-13, 7-6,7-12, 8-3, 8-5, 8-7, 8-8, 8-9,

8-10, 8-11, 8-12, 8-14
SRP .2-10, 2-14, 2-18, 3-14, 3- 15
Staff Judge Advocate .i, iii, iv, ix, 1-9, 2-1,2-3,2-6,

2-9,2-10, 2-11, 2-12, 2-13, 2-14, 2-15,2-16,2-19,
2-20, 3-3, 3-4, 3-5, 3-6, 3-7,3-9,3-10, 3-12, 3-15,
1, 4-20,4-21,4-23,4-25,4-26,4-27,4-28,4-29, 4-
31,4-32,4-33,4-34,4-35, 4-36,4-38,4-39,4-40,
4-41,s-4,s-7,s-9, 5-12,s-13, 5-14, 5-15, 5-16, 5-
17,s-18,s-21,s-24,525, 5-26,6-12.6-14,6-15,
7-3, 8-9, 8-13, 8-14, 1

Standing Operating Procedure -4-16,4-18,4-20,5-
10,8-13
STARC .2-6,2-18, 5-7
State Area Command x, 2-6
Status of Forces .vi, 5-6, 1, 6-9, 6- 1 1
Status of Forces Agreement .6-9
Status of Forces Agreements -5-6
Strikes .v, 1,6-9
Sustainrnent .v, vii, 4-27, 1, 5-4,s-5

TAACOM 3-6, 3-10,4-23,4-24,s-13, 5-14
TAC CP 3-2,4-27,s-10,5- 11,5-12,5- 18, 5-23
TACON .4-8
Tactical Control. 4-8
Tailoring .iii, 2- 1, 2- 19
TAJAG * 2-3
Targeting. 3-2,4-5,4-41,5-12
TDS .2-3, 2-5,2-9, 3-4, 5-15
Technical Channel .iv, 1,4-24
Terrorism. v, vi, 1,6-7,7-13
The Assistant Judge Advocate General 2-3
The Judge Advocate General's School 2-1,2-5,2-6,

2-16,2-18,2-19,4-25,4-28,4-36.7-3
Theater .iv, v, vi, ix,3-6, 3-9, 3-10, 3-12,3-14, 1,4-5,
4-6, 4-23,4-24, 1,s-9, 6-5, 7-1, 8-2
TJAG .i, iii, vii, 2-1,2-3,2-5, 2-6,2-7,2-10, 2-20, 3-
3, 3-12, 4-21
TJAGSA . 2-1,2-5,2-6,2-16,2-18,2-19,4-25,4-28,
4-36, 7-3

Training. iv, vi, ix,2-6, 2-7,3-2, 3-12, 1,4-25,4-28,
4-30,4-31,4-35,5-25,s-26,6-8,6-13,6-15,6-16,
7-3, 1

Trial Defense Service ~2-3,2-5,2-9, 3-4,5- 15

Trial Judiciary. 2-1,2-4,2-7,2-9, 3-4,s-14
TSC .3-6,3-10,4-23,4-24,s-13,s-14
Legal Support to Operations

U US Army Legal Services Agency. 2-1,2-3,4,2-4, 2- 9,2-16,2-18,3-10,5-9 USAR 2- 18,5-6
Unified Command Plan -Uniform Code of Military Justice .1-4, 2- 1,2-4,2-9,
4-4

2-11, 3-3,4-29,4-33, 5-8 W
United Nations .2-15,6-6,6-10.6-12, 8-12

War Powers Resolution. 5-9

US Army Claims Service 2-1,2-5,2-18,3-12,3-13
Weapons of Mass Destruction .7-13

foreign criminal proceedings, coordinating with the ICRC repatriation of prisoners of war.  and for  
3.5  ADMINISTRATIVE LAW  

water  sources,  waste  management,  
hazardous  material  management,  
protection  of  flora  and  fauna,  
archeological  and  historical  

of  Transportation  Command  
(TRANSCOM),  Special  Operations  
Command  (SOCOM),  Strategic  

theater support  as  necessary.  JAGC  
personnel  are  embedded  in  the  
requirements  and  authorization  
documents  of  the  Army  Service  

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

when necessary, Adversaries."lg6 The requires MOOTW.  to fmt  Defeat of these  
Components  of  these  objectives  

Legal Support to Operations

Endnotes
'In this manual, "operations" include war and MOOTW, but not garrison operations. See DEP'T OF ARMY, FTELD MANUAL 100-5, OPERATIONS
at v (1993).

3 See generally MAJOR PAUL H. HERBERT,COMBATSTUDIESINS^, LEAVENWORTHPAPERNO. 16, DECIDINGWHAT HAS TO BE DONE: GENERAL WILLIAME. DEPUY AND THE 1976 EDITION OF FM 100-5, OPERATIONS
3-9 (1988) (describing the function of doctrine in an army and charting the modem practice of publishing doctrine in manuals).
4 TIMOTHY T. LWFER, COMBATSTUDIES INSTTTUTE, LEAVENWORTH
PAPER NO. 4, THE DYNAMICS OF DOCTRINE: THE CHANGES TACTICAL DOCTRINE DURING ?'HE FIRST WORLD W.4R 55 ( !981).
IN GERMAN

KNOWLEDGE AND SPEED: BA'ITLE FORCE AND THE U.S. ARMY OF 2025, THE 1998 ANNUAL REPORTON THE ARMY AFTER NEXTPROJECT
TO THE CHIEFOF STAFFOF THE ARMY, Headquarters, U.S. Army Training and Docbrine Command, (7 December 1998). Major General Walter B. Huffman, Address at the Judge Advocate General's Corps World Wide Continuing Legal Education Plenary Session (October 1997). THE ARMYLAWYER: A HISTORY OF THE JUDGE ADVOCATE GENERAL'SCORPS, 1775-1 975, 12- 13 (1 975). 417 U.S. 733,742 (1974) (quoting United States ex re]. Toth v. Quarles, 350 U.S. 11, 17 (1955), Orloff
v. Willoughby, 345 U.S. 83,93 (1953), and Burns v. Wilson, 346 U.S. 137, 140 (1953)).
DEP'TOF ARMY, ARMY VISION 2010,2. Represented by the acronym LDRSHIP. lo DEP'TOF ARMY, FIELD MANUAL 100-5, OPERA~NS
(June 1993).
l1 See THEARMY LAWYER: A HISTORY OF THE JUDGEADVOCATE GENERAL'S CORPS, 1775-1975,105
(1975).
l2 LTC Michelle M. Miller, Former Task Force Eagle Staff Judge Advocate, 1998-1999.
13 See, e.g., AMERICAN BAR ASS'N, CODE OF JUDICIAL at Canons 1 to 7 (1972).

CONDUCT 14 See DEP'TOF ARMY, REG. 27-26, RULES OF PROFESSIONAL CONDUCT at Rules 3.1 to 4.4 (1
FOR LAWYERS May 1992). 15 CHAIRMANOFTHE JOINT CHIEFS OF STAFF, JOINT VISION 2010,8. l6 CHAIRMANOF THE JOINT CHIEFS OF STAFF, NATIONAL MILITARY OF THE USA, Executive
STRATEGY Summary, The Strategy, Elements of Strategy, Responding to the Full Spectrum of Crises (1997).
l7 DEPARTMENT 2010,5.
OF THEARMY, ARMY VISION l8 See DEPARTMENT ONE FIGHT ONE FUTURE, 8; Search of Requirements
OFTHE ARMY, ONE TEAM –Document System, Department of the Amy (21 Sep 1999).
THE WHITE HOUSE, A NATIONAL ESTRATEGY 7 (October 1998).
S ~ FOR A NEW CENTURY, 20 See CHAIRMAN MILITARY STRATEGY OF THE USA, EXECUTIVE
OF THE JOINT CHIEFS OF STAFF, NATIONAL SUMMARY,
Executive Summary, The Strategy, National Military Objectives (1997). 21 See DEPARTMENT
OF THE ARMY, ARMY VISION 2010,8,9 22 See CHAIRMAN OF STAFF, NATIONAL MILFARY STRATEGY OF THE USA, The Joint
OF THE JOINT CHIEFS Force, Characteristics of a Full Spectrum Force (1997); CHAIRMAN OF THE JOINT CHIEFS OF STAFF, JOINT VISION 2010, 9.
23 CHAIRMANOF THE JOINTCHIEFSOF STAFF, NATIONAL STRATEGY
MILITARY OF THE USA, The Joint Force, Characteristics of a Full Spectrum Force, Interoperable (1997).
25 See CHAIRMAN MILITARY STRATEGY
OF THE JOINT CHEFS OF STAFF, NATIONAL OF THE USA, Executive Summary, The Strategic Environment -Opportunities and Challenges (1997).
26 TIIE WHITE HOUSE, A NATIONAL STRATEGY 13 (October 1998).
SEC~~ FOR A NEW CENTURY, 27 See THE WHITE HOUSE, A NATIONAL SECW STRATEGY
FOR A NEW CENTJRY, 14-22 (October 1998). "THE WHITEHOUSE, A NATIONAL STRATEGYFOR A NEW CENTCTRY,
SE~Y 22 (October 1998). 25' CHAIRMAN CHIEFSOF STAFF, JOINT VISION 20 10,3 1.
OF THE JOINT 30 DEPARTMENTOF THE ARMY,ONETEAM-ONE FIGHT -ONE FUTURE, 13. 31 CHAIRMAN CHEFSOF STAFF, JOINT VISION 2010, 11.
OF THE JOINT 32 See CHAIRMANOF rnJOINTCHIEFSOF STAFF, JOINT VISION 2010, 13- 15. 33 See DEP'TOF ARMY, REGULATION27-3, LEGAL ASSISTANCE, –
Paragraph 2-3 Legal Assistance Offices (10 March 1989).
34 See THE WH~IEHOUSE, A NATIONAL SEC~ FOR A NEW CENTURY,
STRATEGY 2 (October 1998). 35 THE WHITE HOUSE, A NATIONAL STRATEGY 13 (October 1998).
SEC~ FOR A NEW CENTURY,
36 See DEP'TOF ARMY,REGULATION 27-1, JUDGE ADVOCATE LEGAL SERVICES. Paragraph 2-1 -The Judge Advocate General (3 February 1995). 37 See DEP'TOF ARMY. REGLTATION27-1, JUDGE ADVOCATE Paragraph 2-2 –
LEGAL SERVICES, The

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

39 See DEP'TOF ARMY, REGULATION 27-1, JUDGE ADVOCATE LEGAL SERVICES, Paragraph 2-4 -The
Assistant Judge Advocate General for Military Law and Operations (AJAGIMLO) (3 February 1995). 40 See 10 U.S.C. section 806b; Dep't of Army, Field Manual 101-5, Staff Organization and Operations at 2-3 &4-32 (3 1 May 1997).
41 Dep't of Army, Field Manual 101-5, Staff Organization and Operations at 2-3 &4-32 (31 May 1997).
42 See 10 U.S.C. section 806b; Dep't of Army, Field Manual 101-5, Staff Organization and Operations at I-
3 (31 May 1997).
43 See DEP'TOF ARMY, REGULATION 27- 1, JUDGEADVOCATE LEGAL SERVICES,

paragraph 5-2, Responsibilities of supervisory judge advocates (3 February 1995).
44 See Joint Chiefs of Staff, Joint Publication 0-2, Unified Action Armed Forces (UNAAF) (24 February
1995); Joint Chiefs of Staff, Joint Publication 1-04, Joint Tactics, Techniques, and Procedures for Legal Support of Military Operations (detailing the organization and responsibilities of joint and joint legal organizations) (to be published).
45 See, e.g., ARMY LAW., August 1995, at 40-41 (describing the multinational headquarters and legal staff of the United Nations Miqsion in Haiti): and ~FNTF,RFOR T AW AND MTIJTARYOPE RAT TON^ TAW AND MILITARYOPERATIONS IN THE BALKANS, 1994- 1998, at 210-2 13 (diagramming multinational legal organizations in IFOR and SFOR) (1 3 November 1998).
46 See, e.g., U.N. Charter art. 43-53; Army Law., August 1995, at 40-42; Center for Law and Military Operations, Law and Military Operations in Haiti, 1994-1995, at 16,45, & n.32 (1 1 December 1995); and Center for Law and Military Operations, Law and Military Operations in the Balkans, 1994-1995, at 43, & 209-21 3 (1 3 November 1998).
47 See DEP'T OF ARMY, REGULATION 500-5, ARMY MOBILIZATION, (19 June
ANNEX L, LEGAL SERVICES 1998).
Endnotes-2
Legal Support to Operations

48 DEP'TOF ARMY, REGULATION27- 1, JUDGE ADVOCATE SERVICES,
LEGAL Paragraph 2- 1 v -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 MANUALFOR United States (1995 edition), Part I (Preamble), Paragraph 3.
COURTS-MARTIAL,

50 DEP'TOF ARMY, REGULATION27-10, MILITARY JUSTICE, Paragraph 1-4 -Responsibiiities (24 June
1996).
51 See 10 U.S.C. A. section 806b (West 1998).
52 See 10 U.S.C. A. section 806,834, and 860 (West 1998); DEP'T OF ARMY, REGULATION
27-10, MILITARY JUSTICE, Paragraph 3-3 -Action by the superior authority (24 June 1996).
53 See DEP'TOF ARMY,REGULATION JUSTICE, Chapter 5 –
27-10, MIL~ARY Procedures for Courts-Martial; Paragraph 18-6 -General; and Paragraph 19-7 -Course development and Instruction (24 June 1996).
54 DEP7TOF ARMY, REGULATION27-10, MILITARY JUSTICE, Paragraph 6-3 -Organization (24 June 1996).
55 SeeDEP'TOF ARMY,REGULATION JUSTICE, Chief Trial Judge;
27-10, MIL~ARY Paragraph 8-ld -Paragraph 8-6 -Detailing of military judges; Paragraph 8-8 -Rules of court; Paragraph 9-4 –Supervision of military magistrates (24 June 1996).
56 SeeDEP'TOF ARMY,REGULATION 27-10, MILITARY Paragraph 8-4 Functions and duties of
JUSTICE, -military judges (24 June 1996).
57 See DEP'TOF ARMY,REGULATION27-10, MILITARY JUSTICE,Paragraph 9-3 -Powers of military magistrates (24 June 1996).
58 SeeINTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THE JUDGE ADVOCATE GENERAL'S UNITED STATES ARMY, OPERATIONAL Chapter 20 (1998); CENTER
LAW HANDBOOK, FOR LAW AND MILITARYOPERATIONS, OPERATIONS 1995-1998, at 170-181 (1998).
LAWAND MILITARY IN THE BALKANS
59 SeeINTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THE JUDGE ADVOCATE GENERAL'S UNITEDSTATES 20-1 through 20-3 (1998); CENTER
ARMY, OPERATIONAL LAW HANDBOOK FOR LAWAND MILITARYOPERATIONS, OPERATIONS
LAWAND MILITARY IN THE BALKANS 1995-1998, at 170-173 (1998).
SeeINTERNATIONALAND OPERATIONAL LAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'S SCHOOL, UNITEDSTATES LAW HANDBOOK FOR LAWAND MILITARY
ARMY,OPERATIONAL 20-2 (1998); CENTER OPERATIONS, LAW AND MILITARYOPERATIONSIN THE BALKANS1995-1998, at 173-174 (1998).
61SeeCENTERFORLAW AND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONSIN THE BALKANS 1995-1998, at 173-174 (1998).
62 SeeCENTERFOR LAWAND MILITARY OPERATIONS IN THE BALKANS
OPERATIONS, LAW AND MILITARY 1995-1998, at 178 (1998).
63 See DEP'TOF ARMY,REGULATION27-1, JUDGE ADVOCATELEGAL SERVICES, Paragraph 2-1 g -International and Operational Law responsibilities (3 February 1995).
SeeDEP'T OF ARMY,REGULATION ADVOCATE Paragraph 2- 1 g –
27- 1, JUDGE LEGAL SERVICES, 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'TOF ARMY, FIELDMANUAL27-100, LEGAL OPERATIONS, Paragraph 1-9e -AND OPERATIONAL
International Law (3 September 1991); INTERNATIONAL LAW DEPARTMENT, SCHOOL, STATESARMY, OPERATIONALLAW
THE JUDGE ADVOCATE GENERAL'S UNITED HANDBOOK 2-1 (1998); CENTER FOR LAW AND MILITARY OPERATIONS
OPERATIONS, LAW AND MILITARY IN THE BALKANS 1995-1998, at 76 (1 998).
65 SeeCENTERFOR LAWAND MILITARY LAW AND MILITARY
OPERATIONS, OPERATIONS IN THE BALKANS 1995-1998, at 79 (1998).
66 See CENTERFOR LAWAND MILITARY OPERATIONS IN THE BALKANS
OPERATIONS, LAWAND MIL~TARY 1995-1998, at 121 (1998).
67See DEP'T OF ARMY REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES, The Judge
Paragraph 2-1 -Advocate General, subparagraph e (3 February 1995).
SeeDEP'TOFARMY REGULATION 27-1, JUDGEADVOCATELEGALSERVICES, –
Paragraph 2-1 The Judge Advocate General, Paragraph 2-12 -Ethics responsibilities, and Paragraph 5-2 -Responsibilities of supervisory judge advocates (3 February 1995).
69 See CENTERFOR LAW AND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS,
1995-1998, Page 184 (13 November 1998).
70 SeeCENTERFOR LAWAND MILITARY AND MILITARY
OPERATIONS, LAW OPERATIONS IN THE BALKANS, 1995-1998, Page 182 (concerning family care plans) (1 3 November 1998).
7' SeeCENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARYOPERA'IIONS IN THE BALKANS,
1995-1 998, Page 185 (concerning foreign gifts) (1 3 November 1998).
72 See CENTERFOR LAWAND MILITARY OPERATIONS, LAWAND MILITARYOPERATIONS IN'THE BALKANS,
1995-1998, Page 185-6 (13 November 1998).
73 See CENTERFOR LAWAND MILITARY LAW AND MILITARY IN THEBALKANS,
OPERATIONS, OPERATIONS 1995-1998, Page 186 (13 November 1998).
74 See DEP'TOF ARMY REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES, -The Judge
Paragraph 2-1 Advocate General, subparagraphs h, i, k, m,n, o, and w, (describing patents, copyrights, inventions, trade secrets, procurement fraud, trademarks, and regulatory law, in addition to contract, fiscal, and environmental law) and Paragraph 5-2 -Responsibilities of supervisory judge advocates (3 February 1995).
75 See DEP'TOF ARMY,REGULATION 27-1, JUDGE Paragraph 5-2a(3)(a)
ADVOCATE LEGAL SERVICES, -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.") (3February 1995); OFFICE OF THEJUDGE ADVOCATE GENERAL, DEP'TOF ARMY,LEGAL SERVICESSTUDYREPORT,Volume I1 -Subcommittee Reports, Section C -Contract and Fiscal Law, Paragraph 6 -Functional Tasks (March 1998).
76 See DEP'TOF ARMY,REGULATION27-1, JUDGEADVOCATE LEGAL SERVICES, Principles
Paragraph 15-4 -of contract law practice (3 February 1995).
77 See DEP'TOF ARMY,REGULATION 200- 1, ENVIRONMENTAL AND ENHANCEMENT, Glossary
PROTECTION (citing the elements of the environment) (21 February 1997).
78 See DEP'TOF ARMY REGULATION 27-1, JUDGEADVOCATE LEGAL SERVICES,Paragraph 2- 1 -The Judge Advocate General, subparagraph w, and Paragraph 5-2 -Responsibilities of supervisory judge advocates (3 February i995); DEP'TOF 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,JUDGEADVOCATELEGALSERVICES, –
Paragraph 15-1 General (stating, "it is important that commanders and their contracting officers receive the best possible legal support in planning, executing, and administering these contracts, from definition of the requirement through contract close-out, including disputes and contract litigation.") (3 February 1995).
Endnotes-4
Legal Support to Operations

See INTERNATIONAL AND OPERATIONALLAW DEPARTMENT,THEJUDGEADVOCATE GENERAL'SSCHOOL, UNITED STATES ARMY, OPERATIONAL Page 14-10 (1998) (citing DEP'T OF DEFENSE,
LAW HANDBOOK, JOINT PUEi. 4-04, JOINT DOCTRINE SUPPORT,
FOR CIVIL ENGINEERING 11-8 (26 September 1995)).
81 See CENTERFOR LAWAND MILITARY OPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS
1995-1998, at 168 (1998).
82 See CENTERFOR LAWAND MILITARY OPERATIONS, LAW AND MILITARY
OPERATIONS IN THE BALKANS
1995-1998, at 53 and 142-154 (1998).

83 See CENTERFOR LAW AND MILITARY OPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS
1995-1998, at 143-144 (1998).
See, e.g., DEP'TOF ARMY,REGULATION 27-1, JUDGE ADVOCATE Paragraph 15-5a
LEGAL SERVICES, -Disputes support (3 February 1995).
85 DEP'TOF ARMY, REGULATION 27-20, CLAIMS, Paragraph 1-1 -Purpose (quoted language relating to the purpose of the Army Claims System) (31 December 1997); see also OFFICEOF THEJUDGEADVOCATE GENERAL,DEP'TOF ARMY, LEGAL SERVICESSTUDYREPORT, Volume I1 -Subcommittee Reports, Section B -Claims, General Description of Function, subparagraph a (March 1998); DEP'T OF ARMY, FIELD MANUAL27-100, LEGAL OPERATIONS,
Paragraph 1-9b -Claims (3 September 1991).
86 SeeINTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THEJUDGE ADVOCATE GENERAL'S UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, Page 23- 1 (1 998).
87 See OFFICEOF THEJUDGE ADVOCATE GENERAL,DEP'TOF ARMY, LEGAL SERVICES
STUDY REPORT, Volume I1 -Subcommittee Reports, Section B -Claims, General Description of Function, subparagraph b (March 1998).
88 See DEP'TOF ARMY,REGULATION27-20, CLAIMS, Paragraph 1-5 -Command and organizational relationships (31 December 1997).
89 See DEP'TOF ARMY,REGULATION ADVOCATE LEGAL SERVICES, Claims
27-1, JUDGE Paragraph 2-lj -responsibilities (3 February 1995); DEP'T OF ARMY, REGULATION 27-20, CLAIMS, Paragraph 1-5 -Command and organizational relationships (3 1 December 1997).
90 See DEP'TOF ARMY,REGULATION ADVOCATE LEGAL SERVICES, Claims
27-1, JUDGE Paragraph 2-lj -responsibilities (3 February 1995); DEP'T OF ARMY, REGULATION 27-20, CLAIMS, Paragraph 1-9 -The Commander, USARCS (31 December 1997).
91 See DEP'TOF ARMY,REGULATION ADVOCATE –
27-1, JUDGE 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'TOF ARMY,REGULATION 27-20, CLAIMS, Paragraph 1-17 -Operations of claims components (31 December 1997).
93 See DEP'TOF ARMY,REGULATION 27-20, CLAIMS, Paragraph 1-17 -Operations of claims components (31 December 1997).
94 See OFFICE OF THEJUDGEADVOCATE GENERAL, SERVICES
DEP'TOF ARMY, LEGAL STUDY REPORT, Volume I1 -Subcommittee Reports, Section B -Claims, Environment in Which Services Are Performed, subparagraph a (March 1998).
95 See DEP'TOF ARMY,REGULATION
27-20, CLAIMS, Paragraph 2-2d(l)(a) (3 1 December 1997); DEP'T OF ARMY, PAMPHLET27-162, CLAIMS, Paragraph 2-2c(4) -Unit Claims Oficers, and Paragraph 2-34a -Unit Claims Officer (1 April 1998); INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,
THE JUDGE ADVOCATE GENERAL'S SCHOOL,UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, Page 23-6,18 (1998).
96 SeeINTERNATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
AND OPERATIONAL THE JUDGE GENERAL'S UNKED STATES ARMY, OPERATIONAL LAW HANDBOOK,
Page 23-19 (1998).
97 SeeINTERNATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
AND OPERAIIONAL THE JUDGE GENERAL'S UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, Pages 23-4,7, & 20 (1998); CENTER FOR LAWAND MILITARY OPERATIONS, LAWAND MILITARYOPERATIONSIN 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) (1 3 November 1998).
98 SeeINTERNATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
AND OPERATIONAL THE JUDGE GENERAL'S UNITEDSTATES LAW HANDBOOK,
ARMY, OPERATIONAL Page 223-6,18 (1998).
99 SeeINTERNATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
AND OPERATIONAL THEJUDGE GENERAL'S UNITED STATES ARMY, OPERATIONAL Page 23- 19 (1 998).
LAW HANDBOOK,
loo SeeINTERNATIONAL AND OPERATIONALLAW DEPARTMENT, THEJUDGEADVOCATE GENERAL'SSCHOOL, UNITEDSTATES LAW HANDBOOK,
ARMY, OPERATIONAL Page 23-19,20 (1998).
101 SeeCENTERFOR LAW AND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONSIN THE BALKANS,
1995-1998, Page 161 (13 November 1998).

lo2SeeINTERNATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
AND OPERATIONAL THE JUDGE GENERAL'S UN~D FOR LAW
STATES ARMY, OPERATIONAL LAW HANDBOOK, Page 23-18 through 20 (1998); CENTER AND MILITARY OPERATIONS, IN THE BALKANS, 1995-1998, Page 158 (13
LAWAND MILMY OPERATIONS November 1998).
'03 SeeINTERNATIONAL AND OPERATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
THE JUDGE GENERAL'S UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, FOR LAW AND
Page 23-8 (1998); CENTER MILITARY OPERATIONS, LAWAND MILITARYOPERATIONSIN THE BALKANS, 1995- 1998, Page 157-8 (1 3 November 1998).
lo4 CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995- 1998, Page 181 (quoting CPT Nicole Farmer, Chief of Legal Assistance, 1" Armored Division Fwd) (13 November 1998).
lo5See 10 U.S.C.A. section 1044 (West 1998).
'06 DEP'TOF ARMY,REGULATION27-1, JUDGE ADVOCATE Paragraph 2- 11-
LEGAL SERVICES, Legal assistance responsibilities (3 February 1995); see also DEP'TOF ARMY,REGULATION
27-3, ARMY LEGAL ASSISTANCEPROGRAM,Paragraph 2- 1 a -General (10 September 1995).
lo7INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, ADVOCATE SCHOOL,
THE JUDGE GENERAL'S UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, Page 22- l(1998).
lo8 See DEP'TOF ARMY,REGULATION27-3, ARMY LEGAL ASSISTANCE PROGRAM,Paragraph 3-2 -Types of legal assistance services (10 September 1995).
lo9SeeDEP'TOF ARMY, REGULATION 27-3, ARMY LEGAL ASSISTANCE PROGRAM. Paragraph 3-7 -Types of services (10 September 1995).
"O See DEP'TOF ARMY, REGULATION 27-3, ARMYLEGAL ASSISTANCE PROGRAM, Paragraph 3-6 -Types of cases (10 September 1995).
l'' See CENTER OPERATIONS, LAW AND MILITARY
FOR LAWAND MILITARY OPERATIONS IN THE BALKANS, 1995-1998, Page 181 (13 November 1998).
See DEP'TOF ARMY,REGULATION27-3, ARMY LEGALASSISTANCE Paragraph 3-3 –
PROGRAM, General, and Paragraph 3-4 -Preventiv~ law measures (10 September 1995).
Endnotes-6
Legal Support to Operations

'I3 See DEP'TOF ARMY, REGULATION 27-3, ARMYLEGAL ASSISTANCE
PROGRAM, Paragraph 2-1 b(1) -Readiness (10 September 1995).
114 See INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'S SCHOOL, UNITEDSTATES HANDBOOK,
ARMY, OPERATIONALLAW Pages 13-3 and 13-10 (1998).
'I5 See INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
TI-E JUDGE ADVOCATE GENERAL'S UNITEDSTATES'ARMY, OPERATIONAL LAW HANDBOOK, Pages 22- 1 through 22-8 (1998).
l6 See CENTERFOR LAWAND MILITARY OPERATIONS, LAW AND MILITARY OPERATIONS M THE BALKANS,
1995-1998, Page 183 (13 November 1998).

'See DEP'TOF ARMY,REGULATION 27-3, ARMY LEGAL ASSISTANCE PROGRAM, raragrapn 1-4c -(lU September 1995); see CENTERFOR LAWAND MILITARYOPERATIONS, LAW AND MILITARY OPERATIONS IN THE BALKANS, 2995-1998, Page 181 (noting Trial Defense Counsel support for legal assistance) (13 November 1998).
'I8 See CENTERFOR LAWAND MILITARYOPERATIONS,LAW AND MILITARYOPERATIONSIN THE BALKANS, 1995-1998, Page 183 (noting an extensive tax program despite the availability of filing extensions) (13 November 1998).
'I9 See INTERNATIONALAND OPERATIONAL THE JUDGE ADVOCATE SCHOOL,
LAW DEPARTMENT, GENERAL'S UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, Page 22-9 (1 998).
lZ0 See INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, THE JUDGE ADVOCATE SCHOOL,
GENERAL'S UNITEDSTATESARMY, OPERATIONAL LAW HANDBOOK, Page 22-9 (1998).
121 Daniel K. Bolger, Savage Peace: Americans At War In The 1990s 92 (1995).
Lieutenant Colonel David E. Graham, Operational Law (OPLAW):A Concept Comes of Age, Army L., Jul. 1987, at 9.
lZ3Unless otherwise noted, the terms used in this chapter are defined at various places in the following references. DEP'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, JONT PUB. 3-0, DOCTRWEFOR JOINT OPERATIONS
(1 Feb. 1995) [hereinafter JOINT PUB. 3-01; DEP'T OFARMY,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.
See generally FM 100-7, Chapter 1, supra note 123.

125 The dominant geographic characteristic of a littoral theater is a peninsula or coastline. See FM100-7, supra note 123, at 2-18; 90mT PUB. 3-0, supm note 3> at IV-17.
126 See FM 100-7, supra note 123, at v.
lZ7See generally FM 100-7, Chapter 2, supra note 123.

See JOINTPUB.1-02,supra note 123, at 89. The 1991 version of FM 27-100 discussed the COMMZ and the CZ in Chapter 5. See DEP'T OF ARMY,FlELD MANUAL 27-100, LEGAL OPERATIONS (1991) [hereinafter FM 27- 1001.
JOINTPUB 1-02, DEP'T OF DEFENSE OF MILITARY TERMS at 117 (23
DICTIONARY AND ASSOCIATED March 1994, as amended through 6 April 1999).
See FM 100-7, supra note 123, at 2-21.

This essential distinction appears in Chapter 7 of the May 1996 Draft FM27-100. See THE JUDGE ADVOCATEGENERAL'SSCHOOL, DEVELOPMENTS, DOCTRINE, DEPARTMENT,
AND LITERATURE FIELD MANUAL 27-100, LEGALSUPPORT 7-2 (May 1996) (Draft) [hereinafter MAY 1996 DRAFT].
OPERATIONS

13' This summary is adapted from FM 100-7, supra note 123, at 2-3.
133 See discussion of the METT-TC factors in FM100-7, Chapter 3 supra note 123.
134 See generally DEP'T OF DEFENSE, JOINTPUB. 0-2, UNIFIED ACTIONARMED FORCES (24 February 1995).
'35 JOINTPUB1-02, DEP'T OF DEFENSE OF MILITARY TERMS at 86 (23 March
DICTIONARY AND ASSOCIATED 1994, as amended through 6 April 1999).
136 Since the 1950s, Presidents have declared what is now enshrined as law in 22 U.S.C. 8 3927, namely that the Ambassador is in charge of all elements in the United States Government in a host country (excluding military forces under command of a United States military commander, such as military units in Korea and Germany). Some Ambassadors invoke this principle more aggressively than others, but almost all utilize the management device of the "country team." The country team, with the Chief of Mission at its head, is the principal means by which a mission bonds itself together as a cooperative, coordinated, well- informed staff: In its broadest sense, the "team" is all the elements-and all the men and women-of the American mission in a foreign country. More narrowly, it is a management tool-a council of senior officers, heads of the various sections of the mission, working together under the Ambassador's direction to pool their skills, resources, and problems in the national interest. United States Foreign Service Institute, The Team: The Ambassador Sets the Pace 1 (undated 3 page information paper widely disnibuted to individuals receiving Foreign Service training). No formal directive delineates the composition or functions of the Country Team. The Ambassador determines the type of team that best suits the needs of a particular country. Typical membership at large posts includes the Deputy Chief of the Diplomatic Mission, the chiefs of the political and economic sections of the embassy, the Security Assistance Offlcer, the Agency for International Development mission, and the United States Information Service (USIS). It also usually includes one or more of the military attaches and the agricultural attache. See generally DEFENSEINSIITIZTTE EASSISTANCE THEMANAGEMENT E
OF S ~ MANAGEMENT, OF S ~ ASSISTANCE
105-06 (18th ed., 1998) [hereinafter Management Of Security Assistance]; DEP'T OF ARMY, FIELDMANUAL OPERATIONS CO~ICT
100-20, MILITARY IN LOW INTENSITY (5 Dec. 1990).
'37 A simplistic view of the cycle conceives a circle consisting of four iterative stages: information; planning; decision; and execution. SEEUNmD STATES ARMYCOMMAND STAFF COLLEGE,
AND GENERAL STUDENTTEXT 100-9, THE TACTICAL DECISION-MAKING PROCESS at 1-1 (July 1993) [hereinafter ST 100-
91.
13* A course of action is defined as feasible if it will accomplish the mission, can be supported with available resources, and is consistent with ethical standards of warfare.
13' See FM 101-5, DEP'T OF ARMY, FIELD MANUAL 101-5, STAFF ORGANIZATION H-33
AND OPERATIONS, and H-34 (1997).
140 See ST 100-9, supra note 137, at 1-3 to 1-5.
141 See FM 101-5,supra note 139, at 5-27 to 5-28.
142 See FM 101-5,supra note 139, at 5-5.
143 See FM 101-5, supra note 139, at 5-7 to 5-8.
144 See, e.g., OFFICE OF THE STAFF JUDGE ADVOCATE,82~AIRBORNEDIV., 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, 25T~ INFANTRY DMSION (LIGHT), DEPLOYMENT STANDING AND OPERATIONALLAWHANDBOOK
OPERATING PROCEDURE (1987); OFFICE OF THESTAFF JUDGE ADVOCATE, ~O~STAIRBORNEDMSION (AIR ASSAULT),DEPLOYMENT STANDARDSAND PROCEDURES:A HANDBOOK THE TRANSITION
TO GUIDE TO WAR(17 Sept. 1992); OFFICE OF THE STAFF JUDGE ADVOCATE, 1ST CAVALRY
DMSION, DEPLOYMENT HANDBOOK (1993).
145 22 10 U.S.C. 8 3062.
146 This summary is adapted from FM100-7, supra note 123, at 6-15, and DEP'T OF ARMY, FIELDMANUAL 100-1 1, FORCE INTEGRATION, CHAPTER2, SECTION IV, Force Projection Operations (15 Jan. 1995).
Endnotes-8
Legal Support to Operations

147See genrnlly DEP'TOF ARMY, REG. 500-5, ARMY MOBILIZATION
(7 June 1996). See also DEP'TOF ARMY, FIELD MANUAL 100-17, MOBILIZATION, REDEPLOYMENT, (28 Oct.
DEPLOYMENT, DEMOBILIZATION 1992).
14'

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

See DEP'T OF ARMY, FIELD MANUAL 101-5, STAFF ORGANIZATION at 1-2 and 1-3
AND OPERATIONS

(1997).
150See id;DEP'T OF ARMY, REG. 600-20, ARMY COMMAND
POLICY, para. 2-2 (29 Apr. 1988) [hereinafter AR 600-201.
15' For further information on the material in this section, see generally CENTERFOR LAW AND MILITARY
OPERATIONS, ADVOCATE (JAWE): FINAL REPORT (1997).
THE JUDGE WARFIGHTING EXPERIMENT
152 Compare material in this part to DEP'T OF ARMY, FIELDMANUAL 27-100, Training the Force, Chapter 6
(15 Nov. 1988).
153 Material in the next three sections has been adapted from the following sources: DEP'T OF ARMY, FIELD MANUAL 25-100, TRAINING THE FORCE (15 NOV. 1988); DEP'T OF ARMY,HELD MANUAL 25-101, BAT~LE FOCUSED TRAINING (30 Sep. 1990); LIEUTENANT ARTHURS. COLLINS, JR., COMMON
GENERAL SENSE TRAINING (19??~~); FOR LAWAND MILITARY A JUDGE
CENTER OPERATIONS, IN THE OPERATIONS CENTER: ADVOCATE'S GUIDE TO THE BATTLE COMMAND PROGRAM (1996); CENTER
TRAINING FOR LAW AND MILITARYOPERATIONS, TACKLING DEPLOYMENT: A JUDGE GUIDE TO THE
THE CONTINGENCY ADVOCATE'S JOINT READINESS
TRAINING CENER (1996).

154 Do not confuse "combined" in this sense with the term "combined operation," which "involves the
military forces of two or more nations acting together in common purpose." See, e.g., DEP'T OF ARMY,
FIELD MANUAL 100-5, OPERA~ONS
5-1 (1993) [hereinafter FM 100-51. The lines of command for combined task forces created pursuant to formal, stable alliance relationships between nations will generally follow principles predetermined by the alliance agreement. The lines of command for combined task forces arising from a temporary coalition follow no set principles and are negotiated on an ad hoc basis. See id.
'" See to DEP'T OF ARMY, FIELDMANUAL27-100, 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, OPERATIONS, Chapter
FIELD MANUAL 27-100, LEGAL SUPPORT 2 (May 1996) (Draft).
lS7 See, e.g., Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), opened for signature Dec. 12, 1977,
U.N. Doc. ,41321144, art. 82, reprinted in DEP'T OF ARMY, PAMPHLET27-1-1 [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.").
See BEP'T OF DEFENSE, DR. 5100.77, DOD LAWOF WAR PROGRAM (9 Dec. 1998); THE JOINT CHIEFS OF STAFF,CHAIRMANOF THE JOINT 58 10.0 1, IMPLEMENTATION
CHIEFSOF STAFF INSTRUCTION OF THE DoD LAW OF WAR PROGRAM
(12 Aug. 96); Memorandums, Joint Chiefs of Staff, MJCS 59-83 (1 June 1983) and MJCS 01 24-88, (4 Aug. 1988);subject: Implementation of DoD Law of War Program; Message, 2920302 OCT84, FORSCOM, subject: Review of Operations Plans.
159DEP'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 SCHOOL, UN~D ARMY, OPERATIONAL LAW HANDBOOK 1-2 (JA422) (7th
GENERAL'S STATES ed. 1998) [hereinafter OP. LAW HANDBOOK].
161 These training guidance documents ~lso freqliently describe the following: Commander's training philosophy, mission esseiltial task list and associated battle tasks, combined arms training, major training events and exercises, leader training, individual training, mandatory training, standardization, training evaluarion and feedback, new equipment training and other force integration considerations, resource dlocation, and Eaining management. See FM 25-100, supra note 153, at 3-5 to 3-6.
162 Id. at 3-17.
'63 The material contained in this section is closely adapted from the following sources: FM100-5, supra
note 154 at 2-20; JOINT CHIEFS OF STAFF, PLTBLICATION 3-05, DOCTRINE FOR JOINT SPECIALOPERATIONS
(Oct. 1992); DEP'T OF ARMY, FIELD MANUAL 33- 1, PSYCHOLOGICAL
OPERATIONS (Ju~. 1987); JOINT CHIEFS OF STAFF, PUBLICATION (Feb. 1987); DOCTRINE FOR
3-53, JOINT PSYCHOLOGICAL OPERATIONS DOCTRINE JOINTSPECIAL (Oct. 1992); DEP'T OF ARMY, FIELD MANUAL
OPERATIONS 41- 10, CIVIL AFFAIRS OPERATIONS (1 1Jan. 1993); DEP'T OF ARMY, FIELD MANUAL 100-25, DOCWE FOR ARMY SPECIAL FORCES(12 Dec. 1991).
164 "Depth" is one of the five tenets of Army operations. It is "the extension of operations in time, space, resources, and purpose.". What is "most important" about depth is "that in any operation the Army must have the ability to gain information and influence operations throughout the depth of the battlefield." See genemlly FM100-5, Chapter 3, .supm note 154.
165 Compare the material in this section with the 1991 Version of FM 27-100, DEP'T OF ARMY, FIELD
MANUAL27- 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'TOF DEFENSE, DIR. 5100.77, DOD LAW OF WAR PROGRAM, paragraph 5.3.1 (9 Dec 98); CHAIRMAN OF THE JOINT CHIEFS OF STAFFINSTRUCTION, 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).
16' DEP'TOF ARMY, FIELD MANUAL 2-6 (June 1993).
100-5, OPERATIONS,
170 Colonel Frederic L. Borch 111, Judge Advocates in Combat.
171 PETERPARET, NAPOLEON OF MODERN FROM
AND THE REVOLUTION IN WAR,IN MAKERS STRATEGY MACHUVELLI
TO THE NUCLEAR AGE 123, 129, 136 (Peter Paret ed. 1986) [hereinafter Makers of Modem Strategy] ("In [Napolean's] hands all conflicts tended to become unlimited, because openly or by implication they threatened the continued independent existence of his antagonists.").
17' QUINCY WRIGHT, A STUDY OF WAR 1322 (1 942).
'73 See, e.g., DEP'TOF ARMY,FIELDMAIWAL at 6-7 and 6-8 (June 1993).
100-5, OPERATIONS,
174 This paragraph closely follows the language of General Fred Franks in TOM CLANCY
AND GENERAL FREDFRANKS, JR. (RET.), INTO THE STORM:A STUDY IN COMMAND148 (1997).
175 PETER PARET, Clause~~it~, OF MODERN supra note 171, at 186,200 (quoting Carl
in MAKERS STRATEGY, vuuZI~USCWILL, bk. I, cii. I, PI).87 (i8i8) (Peter Paret ana Niichael Howard trans. and ed. 1984).
GII-%a-

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

18'

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

177See FM 100-5, DEP'TOFARMY, 6-9 (June 1993).
FIELD MANUAL 100-5, OPERATIONS,
178THE JOINT CHIEFS OF STAFF, JOINT PUBLICATION 1-02, DOD DICTIONARY OF MILITARYAND ASSOCIATED TERMS, 452 (As amended through 29 June 1999).
179See DEP'TOF ARMY, STP 21-1-SMCT, SOLDIER'S OF COMMON
MANUAL TASKS, SKILL LEVEL 1 546 (1 Gc;. :9S4) (Tzsk YJi;. 181-906-1505: ("Ccndnct Combat G~erztinns.According to the Law of War")
Ia0See FM 100-5, DEP'TOF ARMY, FIELD MANUAL 100-5, OPERATIONS, 2-5 (June 1993).
18' See DEP'TOF ARMY,FIELD MANUAL 7 1- 100, DIVISION at 3-5 (28 Aug. 1996).
OPERATIONS,
See DEP'TOFARMY,FIELD MANUAL6-20- 10, TACTICS, TECHNIQUES,AND PROCEDURESFOR 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. . . ").
'83 See FM 71-100, DEP'T OF ARMY, FIELD MANUAL 71- 100, DMSION OPERATIONS,
at 3-13 and 3-14 (28 Aug. 1996).
The final five paragraphs of this part of the chapter paraphrase observations made by BG John Altenburg, then Assistant Judge Advocate General for Military Law and Operations, "Training, Mentoring, and Teambuilding Within the Office of the Staff Judge Advocate," Presentation to the World-Wide Continuing Legal Education Conference, at The Judge Advocate General's School in Charlottesville, Virginia, in Oct. 1996.
CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE SCHOOL,
GENERAL'S U.S. LAWAND MILITARY IN HAITI,1994-1995, 1-2 (1 1 December 1995) (footnotes omitted).
OPERATIONS

THE JOINT CHIEFSOF STAFF, JOINT OF DEFENSE AND
PUB.1-02, DEPARTMENT DICTIONARY OF MILITARY ASSOCIATED TERMS, 300, (23 March 1994, as amended through 7 December 1998).
Ig7 THE JOINT DOCTRINE OPERATIONSOTHER THAN
CHIEFSOF STAFF, JOINT PUB.3-07, JOINT FOR MILITARY WAR, vii (16 June 1995).
lS8 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARY OPERATIONS OTHER THANWm, Chapter 111 (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 OPERATIONSOTHER THAN WAR (1 6 June 1995); THE JOINT CHIEFS OF STAFF, JOINT PUB.3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE(FID) (26 June 1996); THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM (17 March 1998); THE JOINTCHIEFS OF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS TECHNIQUES CHIEFSOF STAFF,
AND PROCEDURESFOR PEACE OPERATIONS (12 February 1999); THE JOINT JOINTF'UB.3-07.4, JOINT COUNTERDRUG
OPERATIONS (17 February 1998); THE JOINT CHIEFS OF STAFF, JOINTPUB.3-07.5, JOINT TACTICS, EVACUATION
TECHNIQUES,AND PROCEDURESFOR NONCOMBATANT OPERATIONS(30 September 1997); U.S. DEP'T OF ARMY, FIELDMANUAL 100-5, OPERATIONS (14 June 1993) (pending revision); U.S. DEP'T OF ARMY, FIELD MANUAL 100-20, MILITARY OPERATIONSIN LOW IN TENS^ CONFLICT(5 December 1990) (pending revision); U.S. DEP'T OF ARMY, FlELD MANUAL100-23, PEACEOPERATIONS 100-23-
(30 December 1994) (pending revision); U.S. DEP'T OF ARMY, FIELD MANUAL 1, HA MULTISERMCE ASSISTANCE (31 October 1994).
PROCEDURES FOR HUMANITARIAN Ig0 THE WHITE HOUSE, A NATIONAL STRATEGYSECURITY FOR A NEW CENTURY, 1 (October 1998).
lgl THE WHITE HOUSE, A NATIONAL SECWUTY 1 (October 1998).
STRATEGY FOR A NEWCENTURY,
lg2 See generally THE WHITE HOUSE, A NATIONAL S ESTRATEGY FOR A NEW CENTURY,
~ 1-14 (October 1998).
Ig3 THE WHITE HOUSE, A NATIONAL SECURITYSTRATEGYFOR A NEW CENTURY, 2 (October 1998).
lg4 THE WHITE HOUSE, A NATIONAL STRATEGY 7 (October 1998).
SECURITY FOR A NEW CENTURY,
lg5 See, e.g., THE WHm HOUSE, A NATIONAL SECm STRATEGY FOR A NEW CENTURY, 8 (October
1998); THE JOINT CHIEFS OF STAFF, JOINT m.3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE (FID), 1-4
(26 June 1996); THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM,III-2,3 (17 March 1998); THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.4, JOINT OPERATIONS,
COUNTERDRUG 1-8 (Figure 1-3) & IV-6 (17 February 1998); THE JON CHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES,AND PROCEDURES FOR NONCOMBATANT OPERATIONS, vii (30 September 1997).
EVA~ATION
lg6 CHAIRMAN CHIEFSOF STAFF, NATIONAL MILITARY STRATEGY OF THE USA, Executive
OF THE JOINT Summary, The Strategy, National Military Objectives (1997).
lg7 CHAIRMAN STRATEGYOF THE USA, Executive
OF THE JOINT CHIEFS OF STAFF, NATIONAL MILITARY Summary, The Strategy, Elements of Strategy (1997).
Ig8 See CHAIRMAN CHIEFS OF STAFF, NATIONAL
OF THE JOINT MILRARY STRATEGY OF THE USA, The Strategy -Shape, Respond, Prepare Now, Elements of the Strategy: Shape, Respond, Prepare Now, Promoting Stability (1997).
lg9 See THEWHITE HOUSE, A NATIONAL SECURITY FOR A NEW CENT~Y,
STRATEGY 15-18 (October 1998); THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.2, RTP FOR ANTITERRORISM, 111-1,2 (17 March 1998); THE JOINTCHIEFS OPERATIONS,
OF STAFF, JOINT PUB. 3-07.4, JOINT COUNTERDRUG I-2,3 (17 February 1998).
200 See JOINTCHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THAN WAR, 111-12 (16 June 1995).
'01 See CHAIRMAN CHIEFSOF STAFF, NATIONAL STRATEGYOF THE USA, The
OF THE JOINT MILITARY 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 FWB. 3-07, JOINT DOCTRINE OPERATIONS OTHER THAN WAR, HI- 1,2 (1 6 June 1995).
FOR MILITARY

202 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARY OPERATIONS OTHER THANWAR, 111-11 (16 June 1995); see also Headquarters, Department of the Army, Joint Plan for DoD Non-combatant Repatriation (1 1 August 1999).
203 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MaITARY OPERATIONS OTHER THAN WAR, 111-4 (16 June 1995).
204 See THEJOINTCHIEFS OF STAFF, JOINT m.3-07, JOINTDOCTRINE FOR MILITMY OPERATIONS OTHER THANWAR, 111-4 (16 June 1995).
205 U.S. DEP'T OF ARMY, FIELDMANUAL100-23, PEACE OPERATIONS
(30 December 1994) (pending revision).
Endnotes-12
Legal Support to Operations

"I6 THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARY OPERATIONS OTHER THAN WAR,1-2 (16 June 1995) (emphasis omitted).
207 See, e.g., CENTERFOR LAWAND MILITARY SCHOOL,OPERATIONS, THE JUDGE ADVOCATE GENERAL'S
U.S. ARMY,LAWAND MILrrARY OPERATIONS
IN H-m, 1994-1995, 12 (1 1 December 1995) (quoting the UN Security Council Resolution 940, authorizing member states "to form a multinational force . . .to use all necessary means to facilitate the departure from Haiti of the military leadership . . . the prompt return of the legitimately elected President . . . and to establish and maintain a secure,and stable environment . . . "
S.C. Res. 940, U.N. SCOR, 49Ih Sess., S/RES/940 (1994)); CENTER FOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, OPERATIONS IN THE
U.S. ARMY, LAWAND MILITARY BALKANS, 1995-1998,39-42 (13 November 1998) (describing the Dayton Peace Accord and UN Security Council Resolution 103 1 applicable in the Balkans).
'Ox See, e.g., THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 1-2 (16 June 1995) (noting DoD's supportive role to DoS in Humanitarian Assistance); THE JOINT CHIEFS OF STAFF, JOINT 111-2 (17 Mach 1998) (stating
m.3-07.2, JTTP FOR ANTITERRORISM, that DoS is the lead agency for terrorism outside the U.S.); THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.4, JOINTCOUNTERDRUG 1-8 (Figure 1-3) (17 February 1998) (noting DoS as lead agency for
OPERATIONS, coordinating US supply reduction strategies); THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURESFOR NONCOMBATANT OPERATIONS, 1-2 (30
EVACUATION September 1997) (noting that the Ambassador is the senior U.S. authority responsible for the evacuation).
'09 See THE JOINT CHIEFSOF STAFF, JOINT PUB.3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE (FID), 111- 9,10 (26 June 1996) (noting as military planning considerations host nation sovereignty, the requirement to identify political threats, and the impact of political concerns on rules of engagement).
See THEJOINTCHIEFSOF STAFF, JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 1-2 (16 June 1995).
'I1 THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARY OPERATIONS OTHER THAN WAR, 1-2 (16 June 1995).
'I2 See THEJOINT DOCTRINEFOR MILITARY
CHIEFSOF STAFF, JOINT PUB.3-07, JOINT OPERATIONS OTHER THANWAR,1-2 (16 June 1995) ("A single act could cause significant military and political consequences . . .Restraint requires the careful balancing of the need for security, the conduct of operations, and the political objective.").
See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARY OPERATIONS OTHER THAN WAR, IV-9 (16 June 1995); see also CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARY
OPERATIONS IN HAITI, 1994-1995,12-24 (11 December 1995) (describing the Multinational Force and UN Mission in Haiti); CENTER FOR LAWAND MILITARYOPERATIONS, THE J~GE SCHOOL,
ADVOCATE GENERAL'S U.S. ARMY, LAWAND MILITARY OPERATIONS 1995-1998,41-42 (13 November 1998) (describing the framework and
IN THE BALKANS, composition of the Implementation Force in Bosnia).
2'4 See, e.g., CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,
U.S. ARMY, LAW AND MILITARY IN THE BALKANS,
OPERATIONS 1995-1998,58-61 (13 November 1998) (describing efforts to reconcile concerns between nations in the rules of engagement for the Implementation Force in Bosnia).
"5 See, e.g., THEJOINTCHIEFS OF STAFF,JOINT m.3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THAN WAR, IV-9 (16 June 1995); THE JOINT CHIEFS OF STAFF, JOINT Pm. 3-07.1, JTTP FOR FOREIGNINTERNAL (FID), 11-8 & App A (26 June 1996); THE JOINT CHIEFS
DEFENSE OF STAFF, JOINT PUB. 3-07.4, JOINTCOUNTERDRUG 1-8, IV-5, & App B (17 February 1998).
OPERATIONS,

216 THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT FOR MILITARY OPERATIONS 071IER THAN
DOCTRINE WAR, 1-6 (16 June 1995) (emphasis omitted); seealso, THE JOlNT CHIEFS OF STAFF, JOINT PUB. 3-07.1, JTTP FOR FOREIGN (FID), 1-5 to 1-14 (26 June 1996) (describing various types of
INTERNAL DEFENSE MOOTW that may support foreign internal defense).
217 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, ix, x, 1-7, & I- 1 1 (16 June 1995).
See CENTERFOR LAWAND MILITARY THE JUDGE SCHOOL,U.S.
OPERATIONS, ADVOCATE GENERAL'S ARMY, LAW AND MILITARYOPERATIONS
IN HAITI, 1994-1995,12-24 (1 1 December 1995).
"9 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER
THAN WAR, IV-2 (16 June 1995).
"O See THE JOINT OF STAFF, JOINT OPERATIONS OTHER
CHIEFS PUB. 3-07, JOINT DOCTRINE FOR MILITARY THAN WAR, IV-6 & 7 (16 June 1995).
221 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, IV-11 (16 June 1995).
222 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE(FID), LU-7
(26 June 1996).
223 See THE JOINT CHIEFSOF STAFF, JOINT VI-6 (17 March 1998);
PUB. 3-07.2, JTTP FOR ANTITERRORISM, THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.4, JOINT OPERATIONS,
COUNTERDRUG 1-10 (17 February 1998).
224 See THE JOINT CHIEFSOF STAFF, JOINT Pm. 3-07.5, JOINT TACTICS,TECHNIQUES,AND PROCEDURESFOR NONCOMBATANT OPERATIONS,
EVACUATION VI-9 (30 September 1997).
225 See THE JOINT CHIEFSOF STAFF, JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARY
OPERATIONS OTHER THANWAR, vii & ix (16 June 1995) ("MOOTW are initiated by the National Command Authorities . .." "Command and control are overseen by the joint force commanders (JFCs) and their subordinates . . ."); see also THE 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, 11-6 (30 September 1997).
226 THE WHlTE HOUSE, A NATIONAL SEC~TY FOR A NEW CENTURY,
STRATEGY 21 (October 1998).
227 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THANWAR, TV-5 (1 6 h~ne1995).
228 See CENTERFOR LAWAND MILITARY THEJUDGE ADVOCATE GENERAL'S U.S.
OPERATIONS, SCHOOL, ARMY, LAWAND MILITARYOPERATIONS
IN HAITI,1994- 1995,22-23 (1 1 December 1995).
229 See CENTERFOR LAWAND MILITARY ADVOCATE GENERAL'S
OPERATIONS, THE JUDGE SCHOOL, U.S. ARMY, LAW AND MILITARY IN THE BALKANS,
OPERATIONS 1995-1998,41 (13 November 1998).
230 See THE JOINT CHIEFS OPERATIONS OTHER
OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARY THANWAR, ix (16 June 1995).
Endnotes-14
-Legal Support to Operations

''I See THE JOINT OF STAFF, JOINT PUB. 3-07, JO~NT FOR J\/IILITARY ~PER.~TIOI\IS
CHIEFS DOCTRINE OTHER THAN WAR. 11-3 (16 June 1995).
'"THE JOINT CHEFS OF STAFF, JONT P1,B. 3-07, JO.LWT DOCTRINEFOlc MIL~TARY
Oi'ERATiDNS OTH'HER THAN WAR, IV-8 (16 June 1995) (emphasis omitted).
"3 See THE JOINT CHEFS OF STAFF, JOINT PUB. 3-07, JONr DOCTRINE OTHER
FOR MILITARY OPERATIONS THAN WAR, IV-7 (16 June 1995); CENTER FOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MJLITARYOPERATIONS11\1 HAITI, 1994-1995, 93-4 (11 December 1995); CENTER FOR LAWAND MILITARY ADVOCATE
OPERATIONS, THE JUDGE GENERAL'S SCHOOL,U.S. ARMY, LAW AND MIJJTARY IN TFEBALKANS,
OPEMTIONS 1995-1998,44 (13 November 1998) (discussing the Civil-Military Cooperation Tearn, or CIMIC, which performed the CMOC function).
234 See CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S
SCHOOL, U.S. ARMY, LAWAND MILITARYOPEMrIONS W HAITI, 1994-1995,297-8 (1 1 December 1995).
'35 See CENTER OPERATIONS, THE JUDGE ABVOCATE GENERAL'S U.S.
FOR LAWAND MILITPXY SCHOOL, ARMY, LAW AND MILITARY IN THE BALKANS,
OPERATIONS 1995-1998,43-4 (13 November 1998). 236 See THE JOINT CHIEFS DOCTRINE FOR MILITARY OTHER
OF STAFF, JOINT PUB.3-07, JOINT OPERATIONS THAN WAR, ix & IV-8 (16 June 1995).
237 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT FOR MILITARY OPERATIONS
DOC~NE OTHER THANWAR, 111-1 (16 June 1995).
2'8 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE OTHER
FOR MILrI'ARY OPERATIONS THAN WAR, 111-2 (16 June 1995).
239 See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, III-2 (16 June 1995).
240 See THE JOINT CHEFSOF STAFF, JOINT PUB. 3-07, JOEVT OPERATIONS
DOCTRINEFOR MILITARY OTHER THAN WAR, 111-2 (16 June 1995); THE JOINTCHEFS OF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANTITERRORISM, I- 1 (17 March 1998).
'41 THE JOINT CHEFS OF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANTIERRORISM, 1-1 (17 March 1998).
242 See THE JOINT CHIEFSOF STAFF, JOINT FUB. 3-07.2, JTTP FOR ANTITERRORISM,
IV-1,2 (17 March 1998).
'43 THE JOINT CHIEFS OF STAFF, JOINT V-1 (17 MXC~
PUB.3-07.2, JTTP FOR ANTITERRORISM, 1998).
'44 THE JOINT CHEFS OF STAFF, JOINT FUB.3-07.2, JTTP FOR ANTITERRORISM, 1-2 (17 March 1998); THE JON CHIEFS OF STAFF, JOINT FOR MIL~~ARY
PUB. 3-07, JOJNT DOCTRINE OPERATIONS OTHER THAN WAR, 111-3 (16 June 1995).
245 THEJOINT CHIEFSOF STAFF, JOINT OPERATIONS OTHER THAN
PUB. 3-07, JOINT DOCTRJNEFOR MILITARY WAR,111-2 (16 June 1995).
'46 See THE JOINT CHIEFS FOR MILITARY OTHER
OF STAFF, JOINT RJJ3.3-07, JOINT DOCTRINE OPERATIONS THAN WAR, 111-3 (16 June 1995).
247 SeeTHE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.4, JOINT COUNTERDRUG OPERATIONS, 1-3 (17 February 1998).
248 SeeTHE JOINT CHIEFS OF STAFF, JOINT OPERATIONS, 1-14 (17
PUB.3-07.4, JOINT COUNTERDRUG February 1998).
249 SeeTHE JOINT CHIEFS OPERATIONS,
OF STAFF, JOINT PUB. 3-07.4, JOINTCOUNTERDRUG 1-14 (17 February 1998).
250 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.4, JOINT OPERATIONS,
COUNTERDRUG IV-7,8 (17 February 1998).
251 SeeTHE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, 111-3,4 (16 June 1995).
'"SeeTHE JOINT CHIEFS OF STAFF, JOINT PUB, 3-07, JOINT DOCTRINEFOR MILITARY OPERATIONS OTHER THAN WAR, 111-3,4 (16 June 1995).
253 SeeTHE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THAN WAR, UI-4 (16 June 1995).
254 THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, 111-4 (16 June 1995) (emphasis omitted).
255 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOC= FOR MILITARYOPERATIONS OTHER THAN WAR, 111-4 through 8 (16 June 1995); see also THE JOINTCHIEFS OF STAFF, JOINTPUB. 3-07.6, FOREIGNHUMANITARIAN OPERATIONS,
ASSISTANCE (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 CHIEFSOF STAFF, JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR, III-9 (16 June 1995) (emphasis omitted).
257 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE FOR MlLITARY OPERATIONS OTHER THAN WAR, 111-9 (16 June 1995).
258 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07, JOINT OPERATIONS
DOCTRINEFOR MILITARY OTHER THAN WAR, 111-9 (16 June 1995).
259 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB.3-07, JOINT DOCTRINE OPERATIONS OTHER
FOR MILITARY THANWAR, 111-9 (1 6 June 1995).
260 SeeTHE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNAL DEFENSE (FID), viii (26 June 1996).
THE JOINT CHIEFS OF STAFF, JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARYOPERATIONS OTHER THAN WAR,111-10 (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 DOClliINE FOR MILITARYOPERATIONS OTHER THAN WAR, 111-1 0 (16 June 1995).
Endnotes-16
Legal Support to Operations

See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THAN WAR, 111-1 1 (16 June 1995); THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURES OPERATIONS, vii (30 September 1997).
FOR NONCOMBATANT EVACUATION
264 THE JOINT CHEFSOF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURESFOR
NONCOMBATANT OPERATIONS,

EVACUATION vii (30 September 1997).
265 See THE JOINT CHIEFSOF STAFF, JOINT TACTICS, TECHNIQUES,
PUB. 3-07.5, JOINT AND PROCEDURES FOR NONCOMBATANT OPERATIONS, V-12 through 14 (30 September 1997).
EVACUATION

266 See THE JOINT CHIEFSOF STAFF,JOINTPUB.3-07.5, JOINT TACTICS, TECHNIQUES, AND PROCEDURESFOR ;NONCOMBATANT OPERATIONS,
EVACUATION x (30 September 1997).
'267 See generally, THE JOINT CHIEFS PUB. 3-07.5, JOINT TACTICS, TECHNIQUES,
OF STAFF, JOINT AND PROCEDURESFOR NONCOMBATANT OPERATIONS,
EVACUATION Chapter VI (30 September 1997).
268 THE JOINT CHIEFS OF STAFF,JOINTPUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THAN
WAR, 111-12 (16 June 1995) (emphasis omitted); see also THE JOINTCHIEFS OF STAFF,JOINTPUB.3-07.3,
JOINTTACTICS, 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 MILITARYOPERATIONS OTHER
THAN WAR, 111-13,14 (16 June 1995); see also THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.3, JOINT
TACTICS, TECHNIQUES, AND PROCEDURESFOR 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, 1-6 (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, 11-1 1 through 14 (12 February 1999).
272 See THE JOINT CHIEFSOF STAFF, JOINT PLB. 3-07.3, JOINT TACTICS, TECHNIQUES, AND PROCEDURES FOR
PEACE OPERATIONS, 11-17 through 24 (12 February 1999).
273 THE JOINT CHIEFS OF STAFF, JOINT PUB.3-07.3, JOINT TACTICS,TECHNIQUES, AND PROCEDURESFOR
PEACE OPERATIONS, 1-7 (12 February 1999) (emphasis omitted).
274 THE JOINT CHIEFS OF STAFF, JOINT l'Ul3.3-07.3, JOINT TACTICS,TECHNIQUES,
AND PROCEDURES FOR PEACE OPERATIONS,
I114 (12 February 1999) (emphasis omitted), and 111-4 through 6 (describing each task and including internment and resettlement operations).
275 SeeTHE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS, AND PROCEDURESFOR
TECHNIQUES, PEACE OPERATIONS,
In-7 through 13 (12 February 1999).
276 THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRINE
FOR MILITARY OPERATIONS OTHER THAN WAR,ILI-14 (16 June 1995) (emphasis omitted).
277 See THEJOINT CHIEFSOF STAFF,JOINT IJUB. 3-07, JOINT DOCTRINEFOR MILITARY
OPERATIONS OTHER THANWAR, 111-14 (16 June 1995).
278 See THEJOINTCHIEFS FOR MIL~ARY
OF STAFF,JOINT PUB.3-07, JOINT DOCTRINE OPERATIONS OTHER THAN WAR, 111-14,15 (16 June 1995).
279 See THEJOINTCHIEFSOF STAFF, JOINT PUB.3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER
THAN WAR, 111-14,15 (16 June 1995).
THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCm FOR MILRARYOPERATIONS OTHER THAN WAR, 111-15 (16 June 1995) (emphasis omitted).
THE JOINT CHIEFS OF STAFF, JOINT PUB.3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THAN WAR, 111-15 (16 June 1995) (emphasis omitted).
282 See THE JOINT CHIEFS FOR MILITARY OTHER
OF STAFF, JOINT PUB. 3-07, JOINT DOCTR~NE OPERATIONS THAN WAR, III-15 (16 June 1995).
I

'83 See THEJOINTCHIEFSOF STAFF, JOINT PUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER
THANWAR, 111-15 (16 June 1995).
HAGUECONVENTION OFWAR ON LAND,ANNEXTO THE
(IV RESPEC~GTHE LAWS AND CUSTOMS CONVENTION,
1 Bevans 631 (signed Oct. 1907 at the Hague).
285 See THE JOINT CHIEFSOF STAFF, JOINT PLTB.3-07, JOINT DOCTRINEFOR MILITARYOPERATIONSO m
THANWAR, ix (16 June 1995); See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.6, FOREIGN
HUMANITARIAN x (to be published).
ASSISTANCE,

286 See CENTERFOR LAW AND MILITARY SCHOOL,
OPERATIONS, THE JUDGE ADVOCATE GENERAL'S U.S. ARMY, LAW AND MILITARYOPERATIONS
IN HAITI,1994-1995,25-30 (1 1 December 1995).
'87 See CENTER FOR LAWAND MILITARY THEJUDGE SCHOOL,U.S.
OPERATIONS, ADVOCATE GENERAL'S ARMY, LAW AND MILITARYOPERATIONSIN THE BALKANS, 1995- 1998,50 & 82-84 (1 3 November 1998).
See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARY IN HAITI,1994- 1995,25 (1 1 December 1995) (noting the
OPERATIONS 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 LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY,LAWAND MILITARYOPERATIONS IN THE BALKANS, 1995-1998,82 & 187-9 (13 November 1998) (noting the need for full-time legal support to the Joint Military Commission, for a permanent deputy staff judge advocate in Bosnia, and for reserve augmentation to perform the home station mission).
289 INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'S SCHOOL,
UNITED STATES ARMY, OPERATIONAL LAW HANDBOOK, Chapter 14 (1998).
seeINTERNATIONALAND OPERATIONAL LAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATES LAW HANDBOOK,
ARMY, OPERATIONAL Chapter 2 & Page 8-10 (1998).
291
:NTE&~ATIONHL AND OPERATIONALLAW DEPARTMENT, THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATES LAW HANDBOOK,
ARMY,OPERATIONAL 2-1 (1998).
'92 INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THE JUDGE ADVOCATEGENERAL'S UN~IEDSTATES LAW HANDBOOK,
ARMY,OPERATIONAL 2-1 (1 998).
'93 See THEJOINT CHIEFSOF STAFF, JOINT PLB. 3-07, JOINT DOCTRINE FOR MILITARY OPERATIONS OTHER THAN WAR, II-5 (16 June 1995).
Endnotes-18
Legal Support to Operations

294 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995,48 (1 1 December 1995) (citing Security Council Resolution 940 as authorizing the multinational force to restore the Aristide government and establish a secure environment).
295 See THE JOINTCHEFSOF STAFF,JOLNT PUB. 3-07.3, JOINTTACTICS,TECHNIQUES, AND PROCEDURES FOR PEACEOPERATIONS,
1-21 (12 February 1999) ("In PO [peace operations], the force generally conducts operations based on a mandate that describes the scope of operations."); CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGEADVOCATEGENERAL'S SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONSIN THEBALKANS, 1995-1998,76 (13 November 1998) (listing legal authorities and operational documents defining the scope of the Bosnia mission).
296 See CENTERFOR LAW AND MILITARY SCHOOL,
OPERATIONS, THE JUDGEADVOCATE GENERAL'S U.S. ARMY, LAWAND MILITARYOPERATIONS
IN HAITI, 1994- 1995,48 (1 1 December 1995) (regarding the timing of deployment); CENTER THEJUDGEADVOCATE GENERAL'S
FOR LAWAND MILITARYOPERATIONS, SCHOOL, OPERATIONS IN THE BALKANS, 1995-1998,76 (13 November
U.S. ARMY, LAWAND MILITARY 1998) (regarding timelines for action).

297 See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT, SCHOOL,
THE JUDGEADVOCATE GENERAL'S UNITEDSTATESARMY, OPERATIONALLAWHANDBOOK, 8-9 (1998); CENTERFOR LAWAND MLITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, AND MILITARY
U.S. ARMY, LAW 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).
See INTERNATIONAL AND OPERATIONAL LAWDEPARTMENT,THE JUDGE ADVOCATE GENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONAL LAWHANDBOOK, 8-9 (1998); CENTERFOR LAWAND MILITARY OPERATIONS, SCHOOL, U.S. ARMY, LAWAND MILITARY IN
THEJUDGE ADVOCATE GENERAL'S OPERATIONS THEBALKANS,1995-1998,76-7 (1 3 November 1998).
299 See THE JorNT CHIEFSOF STAFF,JOINTPUB.3-07.3, JOINT TACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS,
7-22 (12 February 1999) (noting that terms of reference describe command relationships and coordination requirements); CENTERFOR LAWAND MLITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S
SCHOOL, U.S. ARMY, LAW AND MILITARY OPERATIONS IN HAlTI, 1994-1995,48-9 (1 1 December 1995) (describing the Carter-Jonassaint agreement's provision regarding the relationship between U.S. forces in Haiti and the Haitian military and police); CENTERFOR LAWAND MILlTARY OPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS PI THE BALKANS,1995-1998,76-7 (13 November 1998) (stating that the GFAP had provisions regarding the status of police forces, and mandating joint military commissions).
300 See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT,THEJUDGEADVOCATEGENERAL'SSCHOOL, UNITEDSTATES LAWHANDBOOK, 8-9 (1998).
ARMY, OPERATIONAL

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

operations).
302See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THEJUDGEADVOCATEGENERAL'SSCHOOL, UNITEDSTATES LAWHANDBOOK, 12-9 to 12-26 (1998).
ARMY, OPERATIONAL

303 See CENTERFOR LAW AND MILITARYOPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S.
ARMY, LAWAND MILITARYOPERATIONS
IN HAm, 1994-1995,50-51 (1 1 December 1995) ("As soon as . . . the Aristide government had resumed power, some agreement became necessary to define the legal status of United States troops. . . Otherwise, these troops would be subject to Haitian laws that could impede their activities and frustrate the . . . objectives that impelled their deployment."); CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MILITARY OPERATIONS
IN THE BALKANS,1995-1 998,15 1 (13 November 1998) ("In Hungary . . . the demand for contractor compliance with host nation law was strong enough to cause the creation of a legal advisor position to the USAREUR liaison team. In response to Hungarian income tax claims, the contractor held five million dollars . . . Ultimately, the Hungarian government refunded the money . . .") (footnotes omitted).
See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THE JUDGEADVOCATE GENERAL'S UNITEDSTATESARMY, OPERATIONAL LAW HANDBOOK, 12-1 (1998).
305 See INTERNATIONAL AND OPERATIONALLAWDEPARTMENT,
THE JUDGEADVOCATE GENERAL'S SCHOOL, UNITED STATESARMY, OPERATIONAL LAWHANDBOOK, 12- 1 (1 998) (citing DEP'TOF ARMY, REGULATION 550-5 1, FOREIGN COUNTRIES AND RESPONSIBILITY FOR NEGOTIATING,
AND NATIONAL:AUTHORITY CONCLUDING, AND DEPOSITING (1 May 1985)).
FORWARDING, OF INTERNATIONAL AGREEMENTS
306See INTERNATIONAL AND OPERATIONALLAW DEPARTMENT, SCHOOL,
THEJUDGEADVOCATE GENERAL'S UNmD STATESARMY, OPERATIONAL 12- 1 (1 998) ("SOFAS were concluded with
LAWHANDBOOK, Grenada and Kuwait after combat operations in those countries."); CENTERFOR LAW AND ~BLITARY OPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HPsn,1994-1995,52 (11 December 1995) (noting that the SOFA with Haiti was concluded three months after the operation began); CENTERFOR LAWAND MILITARY ADVOCATE
OPERATIONS, THEJUDGE GENERAL'SSCHOOL, OPERATIONS IN THE BALKANS, 1995-1998,151 (13
U.S. ARMY, LAWAND MILITARY November 1998) (noting the resolution of contractor liability for income taxes through the Omnibus Agreement).
307 SeeINTERNATIONAL AND OPERATIONAL LAW DEPARTMENT, THE JUDGEADVOCATE GENERAL'S
SCHOOL, UNITEDSTATESARMY, OPERATIONAL 8- 1 1,12 (1 998).
LAWHANDBOOK,

308 SeeINTERNATIONAL AND OPERATIONAL LAW DEPARTMENT,THEJUDGE ADVOCATEGENERAL'SSCHOOL, UNITED STATESARMY, OPERATIONALLAWHANDBOOK, 8-1 1 & 12-1 (1998).
309 See,e.g., THE JOINTCHIEFSOF STAFF, JOINT PUB. 3-07.2, JTTP FOR ANT~BRORISM, L-2 (17 March 1998) (containing a table listing the jurisdictional authorities for responding to terrorism at various phases of an incident); THEJOINT CHIEFS OF STAFF,JOINTPUB. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR NONCOMBATANT
EVACUATION OPERATIONS, 1-2 (30 September 1997) (describing the relative roles of the Ambassador and JTF Commander in noncombatant evacuation operations); CENTER FOR LAWAND M~ARY SCHOOL, U.S. ARMY, LAW AND
OPERATIONS, THE JUDGE ADVOCATE GENERAL'S MILITARYOPERATIONS
INTHE BALKANS,1995- 1998,76-77 (1 3 November 1998) (describing the IFOR commander's authority in relation to the Entity Armed Forces).
310 See,e.g., THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.3, JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, X, 1-14 & 15, (12 February 1999) (noting coordination and liaison
Legal Support to Operations

requirements in peace operations with military organizations, international organizations, non-government
organizations, private voluntary organizations, & Department of State agencies); THE JOINT CHIEFS OF
STAFF,JOINT PUB. 3-07.5, JOINT TACTICS, AND PROCEDURES
TECHNIQUES, FOR NONCOMBATANT EVACUATION V-5, & B-1 (30 September 1997) (describing liaison and coordination
OPERATIONS, 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, LEGALGUIDETO 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 LAWAND MILITARY THE JUDGE
OPERATIONS, ADVOCATE GENERAL'SSCHOOL, OPERATIONS
U.S. ARMY,LAWAND MILITARY IN Hm, 1994-1995,43,91,& 96-97 (1 1 December 1995) (describing concerns about consistency of rules of engagement with each nation's policies, fiscal constraints on logistical support for U.S. government agencies, and guarantees of loyalty from U.S. commanders to the U.N.); CENTER FOR LAW AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARY IN THE BALKANS,
OPERATIONS 1995-1998,61 (13 November 1998) (describing concerns participating nations may have about riot control agents and the definition of hostile intent).
31' See CENTER OPERATIONS, SCHOOL,U.S.
FOR LAWAND MILITARY THEJUDGE ADVOCATE GENERAL'S ARMY, LAW AND MILITARY INTHE BALKANS,
OPERATIONS 1995-1998, 127-128 (13 November 1998) (describing the value of JAGC technical chain coordination, and innovative methods for effecting coordination of legal matters among all troop contributing nations -publishing the Joint Military Commission Handbook, weekly meetings of Judge Advocates, legal specialist work exchanges, and exchange of liaison officers).
313 See CENTERFOR LAWAND MIL~TARY ADVOCATE SCHOOL, U.S.
OPERATIONS, THE JUDGE GENERAL'S ARMY, LAWAND MILITARYOPERATIONS
IN HAITI,1994-1995,94-95 (1 1 December 1995) (noting Judge Advocate participation in Civil-Military Operations Centers and the value of Judge Advocate liaison with the ICRC); CENTER FOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARY IN THE BALKANS, 1995-1998,60-61 & 131 (13 November 1998)
OPERATIONS (recommending Judge Advocate liaison with legal personnel of other troop contributing nations, and describing Judge Advocate participation in Joint Military Commission meetings).
314 See CENTERFOR LAWAND MILITARY THE JUDGE SCHOOL,U.S.
OPERATIONS, ADVOCATE GENERAL'S ARMY, LAW AND MILITARY OPERATIONS IN HAITI,1994- 1995,43-44 (1 1 December 1995) (recommending the Judge Advocates take the initiative in developing acceptable rules of engagement); CENTER FOR LAW AND MILITARY ADVOCATE SCHOOL, U.S. ARMY, LAW AND MILITARY
OPERATIONS, THE JUDGE GENERAL'S 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~TERNATIONALAND OPERATIONAL THE JUDGE ADVOCATE GENERAL'S
LAW DEPARTMENT, SCHOOL, UNITED STATES ARMY, OPERATIONAL
LAW HANDBOOK, Chapter 9 (1998).
316 See Captain Glenn Bowens, Legal Issues in Peace Operations, PWTERS, 58 (Winter 1998-1999).
317 See THE JOINT CHIEFS OF STAFF, CHAIRMAN OF THE JOINTCHIEFS OF STAFF INSTRUCTION
3 121.0 1, STANDING RULES OF ENGAGEMENT FOR US FORCES, Enclosure A, paragraph 2a (1 October 1994).
31QSee THE JOINT CHIEFSOF STAFF, JOINT COUNTERDRUG 1-10 (17
PUB.3-07.4, JOINT OPERATIONS, 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 A-1 (30 September 1997) (noting the applicability of the Standing ROE in
OPERATIONS, NEO, as well as the existence of a specific section in the ROE on NEO); but see CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY, 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 DOCTRINEFOR MILITARYOPERATIONS OTHER THAN WAR, 11-4 (16 June 1995).
320 See THE JOINT CHIEFS DOCTRINE OPERATIONS OTHER
OF STAFF, JOINT PUB.3-07, JOINT FOR MILITARY THAN WAR, 11-4 (16 June 1995); see also THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.1, JTTP FOR FOREIGNINTERNALDEFENSE(FID), 1-14 (26 June 1996) (stating the requirement for judicious use of force in foreign internal defense missions); CENTER FOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATE SCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAlTI, 1994-1995,34-35
GENERAL'S (1 1 December 1995) (noting that either over-tentativeness or over-aggressiveness can hinder the mission); CENTERFOR LAWAND MILITARY ADVOCATE SCHOOL, U.S. ARMY,
OPERATIONS, THE JUDGE GENERAL'S LAWAND MILITARY IN THE BALKANS,
OPERATIONS 1995-1998,57 (1 3 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 Fm.3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE (FID), IV-
24 (26 June 1996); THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS, TECHNIQUES, AND
PROCEDURESFOR PEACE OPERATIONS, 1-8 & 111-1 1 (12 February 1999).
322 See THE JOINTCHIEFS TECHNIQUES, FOR
OF STAFF,JOINT PUB. 3-07.3, JOINT TACTICS, AND PROCEDURES PEACE OPERATIONS,
1-22 (12 February 1999).

323 THEJOINTCHIEFSOF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS,TECHNIQUES,
AND PROCEDURES FOR NONCOMBATANT OPERATIONS,
EVACUATION 1-2 (30 September 1997).
324 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S.
ARMY, LAWAND 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); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. AIUvlY, LAWAND MILITARYOPERATIONS
IN HAITI,1994-1995,37-39 (1 1 December 1995).
326 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, FOR
TECHNIQUES,AND PROCEDURES NONCOMBATANT OPERATIONS,V-5 (30 September 1997); CENTER
EVACUATION FOR LAWAND MILITARY OPERATIONS, GENERAL'S U.S. ARMY, LAWAND MILITARY IN
THE JUDGE ADVOCATE SCHOOL, OPERATIONS 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 CHIEFSOF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS, AND PROCEDURES FOR
TECHNIQUES, PEACE OPERATIONS, 1-22,23(12 February 1999); CENTER OPERATIONS,
FOR LAW.AND MILITARY THE JUDGEADVOCATE SCHOOL, OPERATIONS IN HAITI, 1994- 1995,
GENERAL'S U.S. ARMY, LAWAND MILITARY 43 (1 1 December 1995); CENTER FOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL,U.S. ARMY,LAWAND MILITARY IN THE BALKANS, 1995-1998,61 (13 November
OPERATIONS 1998).
328 See Captain Parker, JAG Integration into OOTW TOC Operations (visited Feb. 23, 1999) <httv://cdl.annv.miUcdVnftf/feb94/~t3feb.h; CHIEFS PUB.3-07.3, JOINT
THE JOINT OF STAFF, JOINT TACTICS, TECHNIQUES, AND PROCEDURESFOR PEACEOPERATIONS,1-22 (12 February 1999); CENTER FOR
Endnotes-22
Legal Support to Operations

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

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

'"See :;;T"cZ:AX3;:X AX3 ~;'EPIAXC?JAL LAY; 3E?A?TKST, TIE JL9SE ?.DI!(?C,A.T 5E3EIl.lL9S SCII-OOL, UNITEDSTATES 8-9 (1998); CENTER
ARMY, OPERATIONAL LAW HANDBOOK, FOR LAW AND MILITARY OPERATIONS, THEJUDGEADVOCATE SCHOOL,
GENERAL'S U.S. ARMY, LAWAND MILITARY OPERATIONS IN THE BALKANS, 1995-1998,76-7 (13 November 1998) (noting that the GFAP provided broad justification for the use of force, and rules for controlling entity armed forces).
33 1
See CENTERFOR LAWAND MILITARY SCHOOL,
OPERATIONS, THE JUDGE ADVOCATE GENERAL'S U.S. ARMY, LAW AND MILITARY IN HAITI, 1994- 1995,43-45 (1 1 December 1995) (encouraging
OPERATIONS Judge Advocates to take the initiative in multinational ROE development); CENTER FOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE SCHOOL,
GENERAL'S U.S. ARMY, LAW AND MILITARY OPERATIONS 1995-1998,59-62 (13 November 1998) (describing concerns about specific
IN THE BALKANS, issues and definitions, and discussing a strategy of developing agreeable general ROE and allowing contributing nations to apply more restrictive provisions).
j3' See CENTERFOR LAWAND MILITARY ADVOCATE GENERAL'S U.S.
OPERATIONS, THE JUDGE SCHOOL, ARMY,LAWAND MILITARY IN HAITI, 1994-1995,36-39 (1 1 December 1995) (recounting an
OPERATIONS incident in Haiti in which delay was tragic:
[ROE] [clards containing the additional guidance [concerning protection of civilians, approved on 6 September] were not issued until 21 September. In the meantime, ROE had jumped into news headlines around the United States. . . . on 20 September Haitian police and militia brutally beat demonstrating Aristide supporters. Among the persons beaten was a coconut vender, who died after about five minutes of continuous clubbing, in view of United States soldiers, and after some of the fatal attack had been videotaped. Networks and newspapers in the United States widely reported the killing and the decision of the soldiers not to intervene.
footnotes omitted); CENTER FOR LAWAND MIL~ARY THE JUDGE GENERAL'S
OPERATIONS, ADVOCATE SCHOOL,U.S. ARMY, LAWAND 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) <https://call.mv.mil/call/nftf/feb94/~t3febht;CENTERFOR LAWAND MILITARY THE
OPERATIONS, JUDGEADVOCATE SCHOOL, OPERATIONS 1994-1995,
GENERAL'S U.S. ARMY,LAWAND MILITARY INHAITI, 40-42 (1 1 December 1995); CENTER FOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MILITARY
OPERATIONS IN THE BALKANS, 1995-1998,63-64 (13 November 1998).
334 See INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THEJUDGE ADVOCATE GENERAL'S UNITEDSTATES LAW HANDBOOK, CHIEFSOF STAFF,
ARMY,OPERATIONAL 1 1-2 (1998) (citing THE JOINT CHAIRMAN OF STAFF INSTRUCTION 5810.01, IMPLEMENTATION OF THE DOD LAW OF
OF THE JOINT CHIEFS WAR PROGRAM DIRECTIVE 5 100.77,DoD Law of War
(12 August 1996); see also DEP'TOF DEFENSE Program, 5.3.1. (9 December 1998).
335 See, e.g., THE JOINT CHIEFS TECHNIQUES,
OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, AND PROCEDURESFOR NONCOMBATANTEVACUATION 1-1 (30 September 1997); CENTER
OPERATIONS, FOR LAW AND MILITARYOPERATIONS, ADVOCATE SCHOOL,U.S. ARMY, LAW AND MILITARY
THEJUDGE GENERAL'S OPERATIONS IN HAITI,1994- 1995, 37-39 & 79-84 (1 1 December 1995); CENTER FOR LAWAND MILITARY OPERATIONS,THE JUDGE ADVOCATE SCHOOL, OPERATIONS
GENERAL'S U.S. ARMY, LAWAND MILITARY IN THEBALKANS,1995-1998, 102-4, 112-4, 125-6, & 139-41(13 November 1998).
336 See INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, GENERAL'S
THE JUDGE ADVOCATE SCHOOL, UNITEDSTATES LAW HANDBOOK,
ARMY, OPERATIONAL 10-7 to 10-10, & 11-3 to 11-14 (1998) (discussing civilian protection law applicable in MOOTW, citing The 1977 Protocol Additional to the Geneva Conventions of 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), opened for signature Dec. 12, 1977, 1125 U.N.T.S. 3; and The 1977 Protocol Additional to the Geneva Conventions of 1949, and relating to the Protections of Victims of Non-International Armed Conflicts (Protocol 11), opened for signature Dec. 12, 1977, 1125 U.N.T.S. 1391; and reprinting the Universal Declaration of Human Rights).
337 See THE JOINT CHEFSOF STAFF, JOINT PUB.3-07.3, JOINT TACTICS, AND PROCEDURESFOR
TECHNIQUES, PEACE OPERATIONS, 11- 13 (1 2 February 1999); CENTER FOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE SCHOOL, OPERATIONS n\T HAITI, 1994- 1995,37-39
GENERAL'S U.S. ARMY, LAWAND MILITARY (11December 1995).
338 See THE JOINT CH~FS TECHNIQUES,
OF STAFF, JOINT PUB.3-07.3, JOINT TACTICS, AND PROCEDURES FOR PEACE OPERATIONS, 111- 1 1 (1 2 February 1999).
339 See THE JOINT CHEFSOF STAFF, JOINT PUB.3-07.3, JOINT TACTICS, AND PROCEDURESFOR
TECHNIQUES, PEACE OPERATIONS, 11-14 (12 February 1999).
340 See THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, AND PROCEDURESFOR
TECHNIQUES, NONCOMBATANT OPERATIONS,
EVACUATION VI-3 to VI-5, & Appendix D (30 September 1997).
341 See CENTERFOR LAW AND MILITARYOPERATIONS,THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S.
ARMY, LAW AND MILITARY OPERATIONS IN HAlTI, 1994-1995,79-84 (1 1 December 1995); CENTER FOR
LAW AND MII~ITARYOPERATIONS, THE JUDGE GENERAL'S U.S. ARMY, LAWAND
ADVOCATE SCHOOL, MILITARYOPERATIONS INTHE BALKANS, 1995-1998,139-141 (13 November 1998).
342 See THE JOINT CHEFSOF STAFF, JOINT PUB.3-07.3, JOINT TACTICS, AND PROCEDURES
TECHNIQUES, FOR PEACE OPERATIONS, 11-24 (12 February 1999); THE JOMT CHIEFS OF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS, TECHNIQUES,
AND PROCEDURESFOR NONCOMBATANT EVACUATION OPERATIONS, VI-9 (30 September 1997).
343 See CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAW AND MILITARYOPERATIONS 1995-1998,1024, 1 124,125-6, & 137-9 (13
IN THE BALKANS, November !998) (referin& tc enfcrcemea: of weagoas policies, monitoring of checlrpoints, apprehension of persons indicted for war crimes, and election support).
344 See THE JOINT CHIEFS TECHNIQUES,
OF STAFF, JOINT m.3-07.5, JOINT TACTICS, AND PROCEDURES FOR NONCOMBATANT OPERATIONS, B-1 & 2 (30 September 1997); CENTER
EVACUATION FOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARY OPERATIONSIN HAlTI, 1994- 1995,63-72 (1 1 December 1995); CENTER FOR LAWAND MILEARY OPERATIONS, THE JUDGE ADVOCATE SCHOOL, OPERATIONSIN
GENERAL'S U.S. ARMY,LAWAND MILITARY THE BALKANS, 1995- 1998, 109-1 10 (1 3 November 1998).
Endnotes-24
Legal Support to Operations

/
345 See INTERNATIONALAND OPERATIONALLAW DEPARTMENT, THE JUDGE GENERAL'S
ADVOCATE SCHOOL, UNITEDSTATESARMY, OPERATIONAL 11-5 (1998).
LAW HANDBOOK,
346 See CENTERFOR LAWAND MIL~TARY U.S.
OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, ARMY, LAW AND MILITARYOPERATIONS IN HAITI, 1994-1995,99-100 (1 1 December 1995).
347See THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.5, JOINT TACTICS,TECHNIQUES, AND PROCEDURES FOR
NONCOMBATANT OPERATIONS,

EVACUATION VI-3 to VI-5 (30 September 1997) (discussing evacuation center procedures, many of which require legal advice); CENTER FOR LAWAND MILITARY
OPERATIONS, T-W JUDGE ADVOCATFGENERAL'SSCHOOL, 1J.S ARMY, LAWAND MILITARY OPERATIONS HAm. 1994-1995,93-4 (1 1 December 1995) (recommending Judge Advocate participation in the CMOC); CENTER FOR LAWAND MILITARY THE JUDGE GENERAL'SSCHOOL,U.S. ARMY, LAW AND
OPERATIONS, ADVOCATE MILITARYOPERATIONS 1995-1998, 113 & 125-7 (13 November 1998) (noting that U.S.
IN THE BALKANS, forces sought legal advice as they came across checkpoints, and describing the immediate need for Judge Advocates upon apprehension of a person indicted for war crimes).
348 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S.
W,LAWAND MILITARY IN HAITI,1994- 1995,63-72 & fn 203 (1 1 December 1995)
OPERATIONS (describing the legal authority for detention, the detention facility, and the extensive Judge Advocate role in the release determination process); CENTER FOR LAWAND MILITARY THE JUDGE
OPERATIONS, ADVOCATEGENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONSIN THE BALKANS, 1995- 1998,109-110 (13 November 1998) (describing the legal authority and procedural safeguards).
349 See, e.g., THE JOINT CHIEFS OPERATIONS,
OF STAFF, JOINT PLTB.3-07.4, JON COUNTERDRUG 1-4 & 1-8 (17 February 1998) (citing Foreign Assistance Act provisions prohibiting U.S. personnel from conducting foreign law enforcement, and prohibiting security assistance to governments with records of human rights violations (22 U.S.C. A. sections 2291 & 2304 (West 1998))).
350INTERNATIONAL AND OPERATIONALLAW DEPARTMENT, GENERAL'S
THEJUDGE ADVOCATE SCHOOL, UNITEDSTATES LAW HANDBOOK,
ARMY, OPERATIONAL Chapter 25 (1998).
351 See CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S.
ARMY, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995- 1998, 141 (13 November 1998) (quoting
Major Kurt Mieth, "[algain and again, especially in operations other than war, everyone wants to drink
from the American luxury logistical fountain." Interview with Major Kurt Mieth, SFOR Legal Advisor's
Office, at Sarajevo (2-23 Feb. 1998)).

352See, e.g., THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07, JOINT DOCTRWE OPERATIONS
FOR MILITARY 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 FOREIGNINTERNAL 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,
11- 19 (1 2 February 1999) (discussing U.N. reimbursement procedures); THE JOINT CHIEFSOF STAFF, JOINT PLTB.3-07.4, JOINT COUNTERDRUG IV-3 (17 February 1998) ("There
OPERATIONS,
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 (RD),
111-7, IV-21, A-1, & G-2 (26 June 1996) (relating to training, humanitarian and civic activities,
construction, and medical support); CENTER FOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE
GENERAL'SSCHOOL, OPERATIONS
U.S. ARMY,LAWAND MIL~ARY IN m,1994-1995, 129-139 (11 December 1995) (relating to medical care, post exchange privileges, military air requests, LOGCAP, construction, training, and humanitarian and civic assistance); CENTER FOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL, OPERATIONS
U.S. ARMY, LAWAND MIL~ARY IN THE BALKANS, 1995-1998, 143-153, & 184 (13 November 1998) (relating to morale and welfare, LOGCAP, construction, humanitarian and civic assistance, maintenance, post exchange privileges, and mess hall services).
3" See, e.g., THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.1,JTTP FOR FOREIGN INTERNAL DEFENSE (ED), IV-22 (26 June 1996) (relating to the host nation); CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE U.S. ARMY, LAWAND MILITARY w HAITI,1994-1995,
GENERAL'S SCHOOL, OPERATIONS 141 (1 1 December 1995) (relating to U.S. agencies); CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATEGENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS
IN THE BALKANS, 1995-1998, 141-154, & 184 (13November 1998) (relating to allies and coalition forces, local civilians, non-governmental organizations, NATO headquarters, and the Army's R&R program).
355 See CENTERFOR LAWAND MILITARY ADVOCATE SCHOOL, U.S.
OPERATIONS, THEJUDGE GENERAL'S ARMY, LAWAND MILITARYOPERATIONS
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 FOREIGNINTERNAL DEFENSE (FID), 11-8 &El-7 (26 June 1996).
357 See, e.g., Captain Glenn Bowens, Legal Issues in Peace Operations, PARAMETERS,65-66 (Winter 1998-
1999) (recommending use of section 607 and acquisition and cross-servicing agreements, 22 U.S.C.
section 2357 & 10 U.S.C. section 2342, respectively); CENTERFOR LAWAND MILITARY OPERATIONS,
THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONSIN HAITI, 1994- 1995, 142 (1 1 December 1995) (relating to the value of a section 607 agreement); CENTERFOR L.4W AND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'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 INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, SCHOOL,
THE JUDGE ADVOCATE GENERAL'S UNITEDSTATES LAW HANDBOOK,
ARMY, OPERATIONAL 25-5 (1998) (describing in detail this six-step process).
359 See, e.g., INTERNATIONALAND OPERATIONAL LAW DEPARTMENT, GENERAL'S
THE JUDGE ADVOCATE SCHOOL,UNITED STATES ARMY, OPERATIONAL 25-5 to 25-20 (1998) (discussing various
LAW HANDBOOK,
U.S. funding sources); THE JOINT CHIEFS OF STAFF, JOINT PUB. 3-07.3, JOINT TACTICS, TECHNIQUES,
AND PROCEDURES FOR PEACE OPERATIONS, 11-19 (12 February 1999) (discussing U.N. reimbursement procedures); CENTERFOR LAWAND MILITARY GENERAL'S
OPERATIONS, THE JUDGE ADVOCATE SCHOOL,
U.S. ARMY,LAWAND MILITARY OPERATIONS IN HAITI,1994- 1995, 142 (1 1 December 1995) (regarding section 607 procedures for U.N. reimbursement);CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAW AND MILITARY OPERATIONS IN THEBALKANS, 1995-1998, 142 & 153-4 (13 November 1998) (pro?osing consideration of other than 119 fi~nding sources, and citing an example of NATO funding).
360 See CENTERFOR LAW AND MILITARY GENERAL'S U.S.
OPERATIONS, THE JUDGE ADVOCATE SCHOOL, ARMY, LAWAND MILITARYOPERATIONS
INHAITI, 1994-1 995, 136 (1 1 December 1995) (noting that reliance on LOGCAP in Haiti was not always the way to meet requirements and recommending that commanders and staffs consider all options); CENTERFOR LAW AND MILITARYOPERATIONS, 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).
Endnotes-26
Legal Support to Operations

361 See, e.g., CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,
U.S. ARMY, LAWAND MILIT~Y

OPERATIONS IN HAITI, 1994-1 995,129- 13 1 & 141 (1 1 December 1995) (describing how Judge Advocates resolved requests for medical care, post exchange privileges, and military air travel requests, and recommending raising issues to higher headquarters for resolution); CENTERFOR LAWAND MILITARY SCHOOL,
OPERATIONS, THE JUDGE ADVOCATE GENERAL'S U.S. ARMY, LAWAND MILITARYOPERATIONS
IN THEBALKANS, 1995-1998,153-4 & 184 (13 November 1998) (describing how Judge Advocates resolved a NATO request for the U.S. to repair a NATO vehicle, and recommending early resolution of policy concerning access to the post exchange).
362

THE JOINT CHIEFSOF STAFF, OPERATIONS OTHER THAN
JOINT PJB.3-07, JOINT DOCTRINE FOR MILITARY WAR, IV-2 (16 June 1995) (emphasis omitted).
363 See, e.g., THE JOINTCHEFSOF STAFF,JOINTPUB.3-07.1, JTTP FOR FOREIGN INTERNAL DEFENSE(FID),
IV-20 & 21 (26 June 1996) (describing considerations involved in providing intelligence assistance during
foreign internal defense operations); THE JOINT CHIEFSOF STAFF, JOINT PUB. 3-07.2, JTTP FOR
ANTITJXRORISM, V-1 (17 March 1998) ("Intelligence and counterintelligence are the fnst line of defense in
an AT [antiterrorism] program.") (emphasis omitted); THE JOINT CHIEFS OF STAFF,JOINT PUB. 3-07.3,
JOINTTACTICS, TECHNIQUES, AND PROCEDURES FOR PEACE OPERATIONS, X (12 February 1999)
("Intelligence is critically important to a PK [peace-keeping] force, not only for mission success but to
protect the force.") (emphasis omitted); THE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.4, JOINT
COUNTERDRUG

OPERATIONS, IV-3 (17 February 1998) ("[Intelligence] is the foundation upon which the CD [counter-drug] operational effort is built.") (emphasis omitted); THEJOINTCHIEFSOF STAFF,JOINT PUB.3-07.5, JOINTTACTICS, TECHNIQUES, EVACUATION
AND PROCEDURES FOR NONCOMBATANT OPERATIONS,
1V-1 to 3 (30 September 1997) (describing intelligence products provided for noncombatant evacuation operations planning).
364THE JOINTCHIEFSOF STAFF, OPERATIONS OTHER THAN
JOINT ]PUB. 3-07, JOINT DOCTRINE FOR MILITARY WAR, IV-2 (16 June 1995) (emphasis omitted).
365 See THE JOINT CHIEFSOF STAFF,JOINTPUB. 3-07, JOINTDOCTRINE FOR MILITARY OPERATIONS OTHER THANWAR, IV-3 (16 June 1995).
366 See THE JOINT CHIEFSOF STAFF, JOINTPUB. 3-07, JOINTDOCTRWE FOR MILITARY OPERATIONS OTHER THAN WAR, IV-3 (16 June 1995).
367 See INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT, THE JUDGEADVOCATEGENERAL'S
SCHOOL, UNmn STATES LAWHANDBOOK, 15-1 (1998) ("It is imperative that operational
ARMY, OPERATIONAL lawyers consider them [intelligence law aspects of operations] when planning and reviewing both operations in general and intelligence operations in particular.").
368 See INTERNATIONALAND OPERATIONALLAWDEPARTMENT, GENERAL'S
THE JUDGEADVOCATE SCHOOL, UNITEDSTATES LAWHANDBOOK, Chapter 15 (1998) (listing and discussing the
ARMY, OPERATIONAL principal references on intelligence law).
369 See CENTERFOR LAWAND MILITARY OPERATIONS, THE JUDGEADVOCATE GENERAL'S U.S.
SCHOOL, ARMY,LAWAND MILITARYOPERATIONS
IN THE BALKANS, 1995-1998, 170 (13 November 1998).
370 See CENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S U.S.
SCHOOL, ARMY, LAW AND MILITARYOPERATIONS (11 December 1995) (describing
IN H~1~1;1994-199558-63 issues arising in Haiti concerning interrogation of a U.S. person for force protection reasons, interrogation procedures for personnel in the detention facility, and use of intelligence contingency funds).
371 U.S. DEP'TOF ARMY, FIELD MANUAL25- 100, TRAINING THEFORCE(1 988); U.S. DEP'TOF ARMY, FIELD MANUAL25- 101, BATIZE TRAINING (1 990).
FOCUSED

372 SeeCENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN HAITI,1994- 1995,159 & 166-7(11 December 1995).
373 SeeCENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONSIN THE BALKANS, 1995- 1998,197 (1 3 November 1998)
(recommending uaining with supported units as means to build relationships with supported units and improve the soldier skills of legal personnel).
374 SeeTHE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07.6, FOREIGN HUMANITAFUAN ASSISTANCE, IV-4 (describing the need for personnel with political-military skills to coordinate with numerous organizations and to liaison with policy-makers and the diplomatic community) & IV-15 (describing legal coordination required for ROE in multinational operations and legal advice and assistance required for relationships with non-military organizations) (to be published).
375 SeeCENTERFOR LAWAND MILITARYOPERATIONS, THEJUDGEADVOCATEGENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN THEBALKANS, 1995-1998,80-82 (13 November 1998).
376 SeeCENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATEGENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONS IN THE BALKANS, 1995- 1998, (1 3 November 1998) 59-6 1 (describing coordination of rules of engagement), 125 (discussing persons indicted for war crimes), & 130-131
Consider one judge advocate major . . . for example. He liaisoned with the U.N. mission, the U.N. Office of the High Representative, the Organization for Cooperation and Security in Europe (OSCE), the International Police Task Force headquarters, the Pope's staff. ..the President of the Constitutional Court of Bosnia . . . and the Minister of Justice . . . He represented SFOR in two cases before local courts, and drafted memorandums of agreement between SFOR and Bosnian entity-level civil aviation authorities . .. .
377 SeeTHE JOINTCHIEFSOF STAFF,JOINTPUB. 3-07, JOINT DOCTRINEFOR MILITARYOPERATIONS OTHER THANWAR, IV-9 (16 June 1995); CENTER OPERATIONS, THE JUDGEADVOCATE
FOR LAWAND MILITARY GENERAL'SSCHOOL, OPERATIONS
U.S. ARMY, LAWAND MILITARY IN HAITI, 1994-1995,148-9 & 155-6 (1 1 December 1995); CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'S SCHOOL,U.S. ARMY, LAW AND MILITARY IN THE BALKANS, 1995-1998,79 (13 November
OPERATIONS 1998).
378 SeeINTERNATIONAL AND OPERATIONALLAWDEPARTMENT, THEJUDGEADVOCATEGENERAL'SSCHOOL, UNITEDSTATESARMY, OPERATIONALLAWHANDBOOK, 17-2 (1 998).
379 See CENTERFOR LAW AND MIL~ARY GENERAL'S U.S.
OPERATIONS, THE JUDGEADVOCATE SCHOOL, ARMY, LAWAND MILITARYOPERATIONS
IN m,1994- 1995,155-6 (1 1 December 1995).
380 See CENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARY OPERATIONS IN HAITI, 1994-1995,40-42,89-93 (1 1 December 1995); CENTER FOR LAWAND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY,LAWAND MILITARYOPERATIONS INTHE BALKANS, 1995-1998,63-67 & 130-131(13 November 1998).
381 See CENTERFOR LAWAND MILITARYOPERATIONS, THE JUDGE ADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995,89-93 (1 1 December 1995); CENTER
FOR

Endnotes-28
Legal Support to Operations

LAWAND MILITARYOPERATIONS, ADVOCATE SCHOOL,U.S. ARMY, LAWAND
THEJUDGE GENERAL'S MILITARYOPERATIONS 1995-1998,130-131(13 November 1998).
IN THEBALKANS,

382 SeeCENTERFOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL'S SCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS 1995-1998,63-64(13 November 1998).
IN THE BALKANS,
383 SeeCENTERFOR LAW AND MILITARYOPERATIONS, THE JUDGEADVOCATE GENERAL'SSCHOOL,U.S. ARMY, LAW AND MILITARYOPERATIONSIN HAlTI, 1994-1995, 158-159 (1 1 December 1995); CENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATE SCHOOL,
GENERAL'S U.S. ARMY, LAW AND MILITARYOPERATIONS 1995-1998, 161,170, 179, & 192-198(13 November 1998).
INTHE BALKANS,

384 SeeCENTERFOR LAWAND MILITARYOPERATIONS,THE JUDGE ADVOCATE GENERAL'SSCHOOL, U.S. ARMY, LAWAND MILITARYOPERATIONS 1995-1998, 193-197(13 November 1998).
IN THEBALKANS,
FM 27-100 1 MARCH 2000
By Order of the Secretary of the Army:
ERIC K. SHlNSEKl

General, United States Army Official: Chief of Staff
Administrative Assistant to fhe
Secretary of the Army
0000502

DISTRIBUTION:

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

 

FM-41-10-1962

FM-41-10-1962

Cover page – front
II~ fiv-'a FM 41-10

r
IEPII1IIIIT••am IIlJ…
Cover page – front

CIVIL AFFAIRS
 
OPERATIONS
 

_1EPII1IIIIT••am
 

1I'1IIZ
FIELDMANUAL      HEADQUARTERS.
DEPARTMENT OF THE ARMY NO. 41-10 WASHINGTON
25. D. C.. 14 May 1962
I
CIVIL AFFAIRS OPERATIONS
Parngrnphs Page
 
CHAPTER1. INTRODUCTION ………………………………. ……………

2. CIVIL AFFAIRS FUNCTIONS ……………………..

3. ORGANIZATION FOR CIVIL AFFAIRS OP-
 ERATIONS
 Section I. General …………………………………. …………………………
I1. Organization of Staff Sections and Units ……….
I11. Cellular Teams ………………….. …………………….

IV.
Personnel …………………………………………………………

V.
Training …………………………………………………………..

CHAPTER 4. CIVIL AFFAIRS STAFF FUNCTIONS AND
 PROCEDURES ………………………………. ……….
5. THE ARMY IN THE COMMUNITY ………………

6. CIVIL AFFAIRS COLD WAR OPERATIONS
 Section I. General …………………………………………………………..
I1. Civic Action …………………………………………………..
I11. Unconventional Warfare (UW) ……………………

CHAPTER7. COMBAT AND POST COMBAT CA OPERA-
 . TIONS
 Section I. Employn~ent of CA Organization ……………………
1-9  3
 
10-14  18
 
15-22  39
 
23-34  45
 
35. 36  54
 
37-39  56
 
40-53  60
 
54-62  65
 
63-70  74
 
71-78  83
 
79-84  88
 
85-90  100
 
91-95  107
 

I1. Unit Operations  ………….  96-101  114
 
I11.  Displaced Persons. Refugees, and Evacuees …… 102-105  127
 
IV.  Civil Defense and Area Damage Control ………… 106, 107  136
 
V. Special Operations …………………. …………………….108-110  141
 
VI.  Other Agency Support of CA Operations …………
 111-119  .  148
 
CHAPTER8.  CONTROL MEASURES  
Section I.  Control and Supervision  120, 121  153
 
11.  Civil Affairs Tribunals  . 122-126  158
 
I11.  Published Regulatory Matter  …………………………  127-133  161
 
CHAPTER9.  INTELLIGENCE  
Section     I.  CA Requirement For Intelligence  …………………. 134-139  167
 
I1. CA Support In Intelligence Activities  …………….  140-144  172
 
111.  Operations Of The Intelligence Section  …………145-148  174
 
CHAPTER10.
 
Section I.  General …………………………………………………………….
149-153  178
 
I1. Requirements  ………………………………………………….
  15-1-160  184
 
I11.  Procurement  ……………………………………………………
161-172  187
 
IV.  Distribution ……………………………………………………..
 173-175  193
 
V. Hospitalization and Transportation ………………..
176, 177  196
 

*This manual supersedes FM 41-10, 2 May 1957 and FM 41-15,
 26 March 1954 .
TAGO 614TB-May
APPENDIXI. REFERENCES I1. FORM FOR CA UNIT COhIMANDER'S ESTIMATE OF THE SITUATION ……………………………………………….. I11. FORM FOR CA AKNEX TO OPERATION OR ADMIN- ISTRATIVE PLAN OR ORDER ……………………………..
IV. EXAMPLE OF CA ANNEX TO OPERATION ORDER -ARMY …………………………………………………………………..
V. FORM FOR CA POLICY CHECKLIST ……………………….
 

VI. FORM FOR CA ANNEX TO SOP ………………………………..
 

VII. FORM FOR COMBAT CHECKLIST ………………………. ….
 

VIII. EXAMPLE OF A CHECKLlST FOR CA INSPECTION
IX. FORM FOR CA INTELLIGEXCE COLLECTION PLAN
X. FORM FOR INITIAL CA PROCLAMATION FOR USE IN LIBERATED TERRITORY ………………………………..
XI. FORM OF INITIAL PROCLAMATION FOR USE IN OCCUPIED TERRITORY ………………………………………… XI1. EXAMPLE OF AN ORDINANCE PERTAINING TO THE CIRCULATION OF CURRENCY IN OCCU­PIED TERRITORY …………………………………………….. XI11. EXAMPLE OF AN ORDINANCE PUBLISHED IN OCCUPIED TERRITORY SPECIFYING PENAL­TIES FOR CRIMES AND OFFENSES …………………… SIV. EXAMPLE OF A NOTICE SPECIFYING HOURS OF CURFEW IN OCCUPIED TERRITORY ……………….. ..
XV. SOLOG AGREEMENT 29 …………………………………………….
 

XVI. SOLOG AGREEMENT 39 (STANAG 2056) ………………..
 
SVII. SOLOG AGREEMENT 40 (STANAG 2057) ………………..
 
ST'III. SOLOG AGREEMENT 41 (STANAG 2058) ………………..
 

XI9. SOLOG AGREEMENT 42
…………………………………..

?……..
 

XX. STANAG XO . 206.5 ……………………………………………………….
 

XXI. PERIODIC CA REPORT ………………………………………………
 

XXII. A CA UNIT CHECKLIST …………………………… ……………
 

XXIII. EXTRACTS OF TREATY IDRO\'ISIONS FOR PRO­TECTION OF PROPERTY …………………………………….
XXIV. TYPE TASK ORGASIZATIOSS ………………………………..
 
INDEX………………………………………………………………………………………………….
 

AGO 6147B
 

CHAPTER 1
 

1. Purpose and Scope
a.
This manual is published for use of all personnel concerned with civil affairs (CA) operations. It is intended for use in con- junction with FM 41-5. It is generally applicable to nuclear and nonnuclear, general or limited war, as well as to operations of the Army conducted during situations short of war, the cold war, and peacetime. It contains procedures employed by CA staff sections, units, and teams in furthering national policies of the United States, in fulfilling international obligations, and in pro- viding maximum support for military operations by the planning, conduct, and supervision of civil affairs operations and activities.

b.
Users are encouraged to submit recommended changes or comments to improve this manual. Comments should be keyed to the specific page, paragraph, and line of the text in which the change is recommended. Reasons should be provided for each comment to insure understanding and complete evaluation. Com­ments should be forwarded directly to the U.S. Army Civil Affairs School, Fort Gordon, Ga.

2. Definitions
In this manual terms will be used as defined below-
a.
Civil Affairs. Those phases of the activities of a commander which embrace the relationship between the military forces and the civil authorities and people in a friendly (including US home territory) or occupied area where military forces are present. In an occupied country or area this may include the exercise of executive, legislative, and judicial authority by the occupying power.

b.
Civil Affairs Operations. Those activities which directly support a commander's political-military mission. Any project or activity of a military unit involving points of contact with or designed to influence or control civilians and civil organizations outside the military establishment can be classified as a civil affairs operation regardless of the location of the activity or the size of the participating military unit. The legal aspects of CA operations may be governed by a provision of United States law, including the law of a state, territory possession or other political subdivision of the United States; a bilateral or multilateral agree- ment, including an agreement concluded without the formalities

AGO 6147U
required of treaties, a rule of law established by custom, or a provision of the law of a foreign state made relevant by a provision of United States law, the terms of an international agreement, or rule of international law. The scope of military authority or control in a civil affairs operation may extend from measures of liaison and coordination with appropriate local civil- ian agencies to the furnishing of assistance and support to local officials and populations or even to the assumption of responsi- bility for the exercise of some or all of the functions of govern- ment in the locality in question. The degree of authority or control necessary to assure the success of civil affairs operations will at all times be consistent with law and the factual posture of the civil affairs relation.
c. Civil Defense. All those activities and measures designed or undertaken to­
(1)
Minimize the effects upon the civilian population caused or which would be caused by an enemy attack,

(2)
    Deal with the immediate emergency conditions which would be created by any such attack and,

(3)
    Effectuate emergency repairs to, or the emergency resto- ration of, vital utilities and facilities destroyed or dam- aged by any such attack.

d.
Civil Emergency. Emergencies affecting public welfare as a result of enemy attack, insurrection, civil disturbance, earth- quake, fire, flood, or other public disasters or equivalent emergen- cies which endanger life and property or disrupt the usual process of government.

e.
Civil Affairs Agreement. Defines the relationship between a visiting force, on one hand, and the indigenous population and governmental authority of the host country, on the other hand, including the degree of control and the extent to which support is to be rendered or derived therefrom.

f.
Status of Forces. A term used to describe the legal position of a visiting military force deployed in the territory of a friendly state. Agreements delineating the status of visiting military forces may be bilateral or multilateral. Provisions of agreements de- fining the status of visiting forces may be grouped into a separate agreement or they may form a part of a more complex civil affairs agreement. These provisions describe how the authorities of a visiting force may control members of that force and the amena- bility of the force or its members to the local law or to the authority of local officials in such matters as civil and criminal jurisdiction, customs and imports, taxation, passports, vehicle registration and drivers' licenses, local procurements, etc. In-

AGO 6147B
asmuch as status-of forces agreements delineate matters affecting the relationship between a military force and the civil authorities and peoples in a friendly area, these agreements constitute a specific category of civil affairs agreement.
g.
Military Government. Form of administration by which an occupying power exercises executive, legislative, and judicial authority over occupied territory.

h.
General War. Conflict between international powers or coalitions of powers involving use of their total war-making abilities with national survival of both sides at issue.

i.
Limited War. Armed conflict in which objectives of the combatants do not constitute a direct threat to survival of the major opposing power blocs. Limitations invoked may be restric- tive on means employed or upon extent of area of operations.

j.
Situation Short of War. A state of international relation- ships, designed to alter or maintain the balance of power between contending power blocs. While it does not include armed conflict, the use of force or military operations is not precluded. Such operations may be conducted to counter or deter use of force by another nation, to encourage a weak or faltering government, to maintain or restore order, or to protect U.S. personnel or prop- erty.

k.
Cold War. A state of conflict between nations or coalitions of nations short of overt armed action and involving any or all means including ideological, political, economic, psychological, sociological, technological, and military operations.

3. Objectives
The basic CA mission includes-
a.
Implementation of National Policies. An objective of CA operations is to implement those aspects of United States national policy as pertains to a particular area for which the military commander is responsible. Support of the commander's military mission may involve participation in coordinated activities with other US., allied, or international military components or civil agencies.

b.
Fulfillment of International Obligations. Discharge of the commander's responsibilities pertaining to civil population, gov- ernment and economy of the area. It is U.S. policy to observe faithfully all international legal obligations. (See FM 27-10.)

c.
Support of Military Operations. Assist in the accomplish- ment of military missions through support or control of local agencies in implementing measures to-

(1) Maintain public order.
AGO 6147B
(2)
    Safeguard, mobilize, and utilize local resources such as labor, supplies, and facilities for tactical or logistical purposes.

(3)
    Control disease and epidemic conditions that might endanger the military force.

(4)
    Prevent civilian interference with military operations.

d.
Emergency Civil Assistance. When directed or requested by appropriate authority, CA operations to assist in civil emer- gency situations resulting from natural disaster, unrest, or enemy attack.

4. Principles
The general principles below apply to a CA operation. In the absence of specific directives, they are basic to planning.
a. Continuity of Policy. Continuity and consistency in policy are essential to the success of civil affairs operations. Therefore it is fundamental that comprehensive policy be developed at gov- ernmental or top command levels and transmitted through normal command channels. Civil affairs relations are influenced by the fact that diplomatic relations between the United States and the government of the area will ususlly be in existence. Since the Department of State is the U.S. government agency held respon- sible by the President for foreign policy, relations between the
U.S.
commander and the U.S. ambassador or diplomatic repre- sentative require close coordination and definite delineation of responsibilities and functions. Normally this will be accomplished by means of an Executive Order issued by the President of the United States.

b.
Command Responsibi'ity. The military nature of CA opera- tions requires that responsibility and authority for establishment and conduct of these activities be vested in the senior commander. The commander is guided by directives from higher authority, national policies, applicable agreements, and international law. Commanders may delegate their authority to the degree that subordinate commanders require such authority for the accom- plishment of the mission.

c.
Mission. All CA operations must support the commander's politico-military mission.

d.
Economy of Force. The commander's politice-military mis- sion must be accomplished effectively with minimum personnel. Whenever possible, CA operations are conducted through and with existing or reestablished civilian authorities utilizing the minimum number of military personnel required for advice or supervision.

e.
Continuity of Plans and Operations. Effectiveness of opera- tions depends upon-

(1)
Plans that contain appropriate guidance and direction to assure accomplishment of the CA mission.

(2)
    Execution adapted to the requirements of the situation and the capabilities of the organization.

(3)
    Coordination of CA and other operations of each com- mand.

f.
Integration in Combined Operations. In combined opera- tions an integration of effort may be achieved by exercising CA control through a combined command.

g.
Military Authority. The scope of military authority varies with the locale and the situation and for convenience of discus- sion is broken down into three general categories:

(1)
Occupied Territory (AR 320-5). The commander of an occupying force has the right, within limits set by inter- national law, to demand and enforce such obedience from inhabitants of an occupied area as may be necessary for the accomplishment of his mission and the proper administration of an area.

(2)
     The law of war places limits on

Combat Zone (320-5).
the exercise of a belligerent's power in the interest of protecting combatants and noncombatants from un­nec'essary suffering and safeguarding certain funda­mental human rights. Commanders are required to refrain from employing any kind of violence not actually necessary for military purposes and to give due regard to the principles of humanity and chivalry.
(3)
    Other Areas. The terms of international agreements, regulations, and national policy as promulgated or in- terpreted by higher authority dictate the scope of au­thority in all other areas.

h.
Military Limitations. Civilian inhabitants have a right to freedom from unnecessary interferences with their individual liberties and their property rights. Members of US Armed Forces are individually and collectively responsible for compliance with all requirements of law and regulation affecting their relations with civil authorities and populations.

i.
Humanity, The principle of humanity prohibits use of any violence not actually necessary for the purpose of the war. War is no excuse for ignoring established humanitarian principles. Since all these principles have not become legal rules, a military commander must consider whether a proposed course of action will be humane even though it is not specifically prohibited.

AGO 6147B
j. Benefit of the Governed. Subject to requirements of the situation, government should be for the benefit of the governed. The CA organization assists the commander in carrying out those obligations imposed by treaty or international law respecting the government and inhabitants of territory in which U.S. Armed Forces are deployed.
5. Environmental Factors
a. Determination of Patterw. The pattern and objectives of CA operations in any place or with reference to any sphere of activity depend primarily on U.S. foreign and domestic policies articulating the national interest of the United States as conceived by duly constituted policy making agencies of government in light of legal, political, economic, social, and military factors affecting the security and welfare of the nation. Factors influencing policy formulation are not static, and they reflect such divergent vari- ables as domestic, industrial and agricultural resources, military requirements, the participation of allies in defensive alliances, the nature of the enemy operations and iqtentions, and other related factors. In the formulation and implementation of policy, it is essential that primary consideration be given to U.S. national objectives. Although a commander's first task may be destruction
'
of an enemy's forces, his subsequent responsibility for building peace may be of greater importance. A military command may be operational under any condition extending from peace through general war. Within this spectrunl civil affairs operations may be required under a wide variety of conditions including, with re- spect to-
(1)     Control or assistance measures
Developmental factors.
pertinent to the exercise of governmental functions in a highly developed area, with complex political, economic, and social systems, to like measures in an underdeveloped area.
(2)
    Duration. Protracted assistance or control measures ex- tending over several years or decades, pending resolu- tion of major political, economic, or military problems, to operations lasting but a short time prompted by tran- sitory emergency situations.

(3)
    Location. Control or assistance measures undertaken in foreign territory as differentiated from measures insti- tuted in domestic territory.

(4)
    Popular Response. Operations involving a vehemently hostile population to measures receiving the enthusiastic support of a loyal and cooperative population.

(5) Military Factors.
(a)     Operations in a society which has suffered total devas-
AGO 6147B
tation and disruption to measures taken in one that has been undamaged by warfare and associated effects.
(b)     
The unlimited use of nuclear, chemical, and biological weapons to the employment of conventional weapons only.
(c)
    The use of Army groups of field armies in a general war to the use of small task forces in situations short of war.

(6)
     Control or assistance measures authorized

Legal Basec.
or required by express provision of positive law, as, for example, the Constitution, an Act of Congress, an inter- national agreement, a judicial decision, an executive order or departmental regulation having the force of law, to like measures undertaken under that unwritten prin- ciple of necessity known as "martial law" or equivalent legal principle made relevant because of the necessities of the case.
b. Implementation of Policy. The above environmental factors will require unprecedented flexibility and capabilities in CA or- ganization to assist Commanders. Implementation will require broad area and contingency planning and training in the entire range of CA command and functional operations, including-
(1)
    The conduct of CA activities such as civic action and support of contingency operations.

(2)
    Action to maintain public order or to provide for the welfare of the population, when requested by appropriate civil authority or by direction of the President, in civil emergencies resulting from enemy attack, disaster, epi- demic, disorder, or conditions threatening the successful functioning of duly constituted authority.

(3)
    Exercise of a minimal degree of authority granted by treaty or other agreement, express or implied, which may involve only a liaison relationship between the mili- tary commander and the civil population, government, and institutions of an area.

(4)
    Full or partial executive, legislative, and judicial au­thority over a country or area.

6. Range of Interest
a. A Continuing Factor. Civil affairs begin for a commander at the same instant a member of his command has contact with representatives of the civilian community, regardless of whether the contact is in continental United States or an oversea area and whether the United States is in a state of war, peace, or any of the in-between conditions categorized generally under the heading
AGO 6147B
of cold war. Organizations and emphases may vary, but the same general principles are applicable regardless of the situation. Mili- tary-civil relationships are a continuing factor of consideration in military operations. They may vary from a minimum of securing the least amount of civilian interference to obtaining a maximum of all-out civilian support for the military operation, but the de- gree of mutual cordiality, understanding, and support involved have a direct bearing on success or failure of the operation.
b. Diverse Relationships. Civil affairs relationships are varied and complex. No attempt will be made to summarize them all in this manual because, regardless of the situztion, similar criteria govern general military-civil relationships, and the variation is only in emphasis and degree. Among some of the military-civil status possibilities are-
(1)
Occupation of an enemy homeland.

(2)
    Occupation of liberated territory with or without a civil affairs agreement.

(3)
    Assignment in another country during peace or war on the basis of a status of forces, military assistance, or similar agreement.

(4)
    Disaster relief or invitational intervention on behalf of a foreign country, usually on the strength of a prior agreement.

(5)
    Show of force.

(6)
    Peacetime activities in the U.S. and possessions.

(7)
    Wartime activities in the U.S. and possessions.

(8)
    Assistance in civil defense, emergency, or disaster.

c.
Command Responsibility. It cannot be overemphasized that the conduct of civil affairs (military-civil relations) is as much a responsibility of command as the planning for and conduct of combat operations. Peacetime civil affairs, when regulations, laws, and agreements generally are more restrictive, impose prob- lems of coordination, liaison, and negotiation of greater difficulty and delicacy than more clearly defined wartime relationships.

d.
Aspects. Frequently the term "civil affairs" is misunder- stood, because in common usage it may have three distinct mean- ings: civil affairs concept, civil affairs operations, and civil affairs organization (staffs and units).

(1)
    The civil affairs concept (see definition in par. 2a) em­braces all military-civil relationships, whatever the locale, status of peace or war, or whether relationships involved are official or personal.

(2)
    Civil affairs operations (see definition in par. 2b) include activities of a military unit pointed toward support for, or the exercise of influence or control over, civilians and

10      AGO 6147B
civilian organizations outside the military establishment regardless of the participating section or unit. Some further amplification of the scope of civil affairs opera- tions follows in this section, but in general such key words as liaison, advice, negotiation, cooperation, super- vision, assistance, and control essentially summarize civil affairs operations.
(3)     Civil affairs organization, consisting of the staffs and units particularly designed and trained to supervise and conduct civil affairs operations, is an integral component of the military force. It supports army forces in the conduct of tactical military operations. It assists in ful- filling the military commander's legal obligations with respect to the inhabitants, government, and economy of the area. It serves as the military agency with primary concern for the attainment of ultimate national objec- tives and provides for the future transfer of certain CA activities to a designated agency of government. Other staff sections and units, in their dealings with civilian counterparts and representatives of the civilian commu- nity, also engage in military-civil relationships. This does not mean that the normal liaison and contractual functions of the technical and administrative services need necessarily constitute civil affairs operations, al- though some degree of civil affairs general staff interest will always be present and in oversea areas may be paramount.
7. Representative Military Activities in Civil Affairs
Since from a conceptual standpoint civil affairs is the inclusive total of all military-civil relationships no attempt will be made in this manual to enumerate every conceivable operational aspect of these relationships. As a guide for planning and training pur- poses, however, the following activities are typically representa- tive of civil affairs and constitute processes through which the functions are performed :
a. Liaison.
(1)
With staff sections and units within the command to which assigned or attached.

(2)
    With other Army units in the zone of CA responsibility of the command to which assigned or attached.

(3)
    With army units in contiguous zones of responsibility.

(4)
    With CA representatives of other services or allied mili- tary units.

(5)     
With other U.S. allied, and international governmental agencies in the area.

(6)
    With representatives in the apparatus of civilian gov- ernment.

b. Negotiation.
(1) With appropriate agencies of the civilian government over such matters as policing authority, legal jurisdic- tion, licensing, taxation, use of public facilities, registra- tions, applicability of laws and regulations, customs, religious practices, restrictions, and other similar phases of both personal and official relationships.
(2)         
With private civilian individuals and organizations con- cerning purchases, claims, contracts, rentals, member- ships, personal relationships between individuals, and other related matters.
(3)         allied and international military and
With civilian agencies over joint or parallel functions.
c. Participation.
(1)
    On joint military-civil councils and committees.

(2)
    In community relations and civic action type activities.

(3)         
In uni-service, joint, and combined exercises and train- ing programs insofar as CA instruction and emphasis are concerned.
d. Coordination.
(1) With other general and special staff officers and com­manders of subordinate units.
(2)         
Among functional civil affairs specialists and between
civilian counterparts and staff sections with related
interests.
(3)         
Between all military and civil agencies in areas of mutual concern.
(4)     With representatives of other U.S. governmental, allied, and international agencies and between these agencies and military command of assignment or attachment.
e. Support.
(1)
    For military forces from civilian labor and material re- sources.

(2)
    For civilians from military personnel, equipment, facili- ties, and supplies.

f. Advice.
(1)     To the commander on-
(a)         
Relationships with civil authorities and population.
(b)         operations or activities or contemplatedEffects of
operations or activities on civilian welfare and morale.
AGO 6147B
(c)
Effects     of      civilian laws, regulations, administrative processes, habits, activities, needs, and capabilities on his operations, missions, and subordinate personnel as individuals.

(d)
    ~elationshi~s'with

U.S. and allied agencies in civilian governmental capacities.
(e)
Procedures for handling non-U.S. labor.

(f)
    Treatment of civilians coming under his jurisdiction or control such as visitors, violators of regulatory documents, refugees, displaced persons, and evacuees.

(g)
All other matters concerned with affairs of his com- mand in respect to civilian relationships.

(2)
    To civil authorities on-

(a)
Needs and requirements of the military forces.

(b)     
Capabilities of military forces in cooperative ventures.
(c)
Rehabilitation procedures and processes.

(d)
    Civil defense and disaster measures.

(e)
Technical methods calculated to improve civilian econo- mies and social structure.

(3)
    To other staff sections and to subordinate units of the command on civil affairs matters.

g.
Control (when authorized) of-

(1)
The circulation of civilians.

(2)
    The agencies of government.

(3)
    Economic processes and civilianactivities or conditions which may affect operations.

8. Application of International Law
a. International law is usually regarded as having two branches, one dealing with the peaceful relations between states and the other concerned with armed hostilities between states. This division is not, however, absolute, and there are many facets of international relations that are difficult to regard as belonging to the law of peace or the law of war. Both branches as well as the undefined grey area in between apply to civil affairs relations. The law of peace deals with such matters as recognition of states and governments, jurisdiction, nationality, diplomatic protocol, the prerequisites for and construction of international agreements, and, generally, the practices and standards observed by friendly states in their mutual relations. Evidence of the law of peace is to be found in law making treaties, the decisions of interna- tional and national judicial bodies, the writings of jurists, diplo- matic correspondence, and other documentary material concern- ing the practice of states. The law of peace is particularly rele- vant to define the rights and obligations of a military force that
AGO     

6147B
 
is deployed in the territory of an allied state not only where there is a civil affairs agreement, but also where there is no applicable agreement or with respect to matters on which such agreement is silent.
b. The law of war governs such matters as the conduct of hostilities on land, in the sea, and in the air; the status and treatment of persons affected by hostilities, such as POW'S, the sick and wounded, and civilian persons; the occupation of enemy territory, flags of truce, armistices and surrender agreements, neutrality, and war crimes. The law of war is derived from two principal sources, law making treaties, such as the Hague and Geneva Conventions, and custom, a body of unwritten law that is firmly established by the practice of nations and well defined by recognized authorities on international law. Ordinarily, a pro­vision of an international agreement is binding on a state only to the extent that it has consented to be bound. However, a humanitarian principle enunciated in a law making treaty is bind- ing on a state even though it may have never agreed to or has repudiated the agreement containing the humanitarian rule in question. The law of war is inspired by the desire to diminish the evils of war by-
(1)
Protecting both combatants and noncombatants from unnecessary suffering;

(2)
    Safeguarding certain fundamental human rights of per- sons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick and civilians; and

(3)
    Facilitating the restoration of peace.

c.
In furtherance of these objectives, the law of war imposes limitations on the exercise of a belligerent's power and requires that belligerents refrain from employing any kind or degree of violence which is not actually necessary for military purposes and that they conduct hostilities with regard for the principles of humanity and chivalry. The law of war is binding not only upon states as such but also upon individuals and, in particular the members of their armed forces. The law of war is particularly relevant to civil affairs operations affecting an enemy population, not only during an occupation and a period of hostilities preced- ing an occupation, but also in situations in which an occupation of territory is not an objective of the conflict.

d.
The most important treaties and agreements applicable to civil affairs operations, to which the United States is a party, include the following:

(1)
With respect to agreements to which provisions of the law of peace are particularly relevant:

14      AGO 6147B
(a)
The Charter of      the United     Nations     (59 Stat. 1031, TS 993).

(b)
The NATO Status of Forces Agreement (4 UST 1794; TIAS 2846).

(2)
With respect to agreements to which the provisions of the law of war are particularly relevant:

(a)
Hague     Convention     IV of     October 1907, Respecting the Laws and Customs of War on Land (36 Stat. 2277, TS 539), and Annex Thereto, Embodying the Regula- tions Respecting tl e Laws and Customs of War on Land (36 Stat. 2295, TS 540), popularly known as the Hague Regulations.

(b)
The      1949 Geneva      Civilian     Conventions (Wounded and Sick-GWS) (TIAS 3362) ; (Wounded and Sick at Sea-GWF Sea) (TIAS 3363) ; (Prisoners of War -GPW) (TIAS 3364) ;Civilian Persons-GC) (TIAS 3365). For an interpretation of these and other pertinent law making treaties as well as an explanation of United States practice, see FM 27-10, The Law of Land Warfare (1956) ; for the text of the more im- portant agreements (see DA Pam 27-1,) Treaties Governing Land Warfare (1956) .

e.
Of these' agreements, the NATO Status of Forces Agreement is particularly significant because of the precedent it has estab- lished concerning the law applicable to visiting military forces when they are in the territory of a friendly state. The Hague Regulations are important because they are regarded as declara- tory of law applicable between belligerents. The 1949 Conven- tions supplement the Hague Regulations, which by their literal terns applied only to a "war" between parties signatory thereto, by broadening the scope of the Treaty law to cover not only "war" but also "any other armed conflict" and "any partial or total occupation," involving their signatories (see FM 27-10). An international agreement of particular significance to CA personnel is the Convention for the Protection of Cultural Property in the Event of Armed Conflict. The United States became a signatory to this agreement at the Hague in 1954. This Convention outlines the measures which armed forces shall take in the preservation of historical, cultural, and scientific properties in any enemy ter- ritory. As CA personnel will have principal responsibility for measures to be taken concerning cultural property, they should be thoroughly familiar with the legal obligations of the United States respecting artistic objects, archives, monuments, shrines, and other types of cultural property.

AGO 6147B     
9. Phasing of Civil Affairs
a.
Responsibility for the conduct of civil affairs is an integral aspect of military command (see par. 6 and 7). The degree of emphasis and the nature of activities in which military forces become directly involved are as diversified as the scope of func- tional and geographical areas, political climate, and national policy. Figure 1, graphically demonstrates the varying parameters of the civil affairs function, depending upon the varying politico- military aspects of the international scene. Transition from peace to war or from war to peace is a process that influences the character of military-civil relationships and affixes responsibilities for the performance of those specific civil affairs functions covered in chapter 2.

b.
During a static period of peace military relationships with the civilian population fall primarily in the area of liaison and co- ordination necessary to effect long and well established mutual support with civilian authorities retaining paramount authority and control. When hostilities are in progress, the civilian govern- mental apparatus frequently requires military reenforcement to insure continuity of those normal civilian functions requisite for the maintenance of civilian order, livelihood, and institutions and, reciprocally, expanded military forces need increased civilian support.

c.
The military organization diverts only those resources and takes only those measures in its dealings with civil authorities and population essential to its mission and dictates of national policy. As hostilities cease or the emergency is terminated and the agencies of civilian government and administration are re- constituted, responsibility for many civil affairs functions is transferred to civilian authorities and agencies (transition "A" in fig. 1). This entails an ultimate, if not a parallel, shift in responsibility for proponency and liaison and from the military to the State Department or other U.S. governmental agency in matters of policy and functional relationships between govern- ments and people concerned.

d.
When U.S. Armed Forces are stationed in oversea areas on training, security, or emergency assignments, particularly where political and economic stability is lacking, the divisive potential among different U.S. agencies present is considerable during the grey area of Transition "B". If several U.S. governmental de- partments are involved in such matters as budgeting, program- ming, and supervising, vital problems can only be prevented or resolved by complete objectivity, a mutual understanding of capa- bilities, and the closest of coordination among agencies concerned.

16 AGO 614iB
CIVIL AFFAIRS IN
 
TIME PHASES
 

PEACETIME
RELATIONSHIP TO CIVIL GOVERNMENT (POLITICAL -ECONOMIC-
SOCIAL MATTERS)- A PRIMARY RESPONSIBILITY OF DESIGNATED
 
US AGENCIES SUPPORTED BY THE MILITARY
 

Figure 1. Civil aflairs in lime phases..
AGO 6147B
 

CHAPTER 2
 
CIVIL AFFAIRS FUNCTIONS
 
10.     General
a.
For purposes of training, research, planning, and opera- tional effectiveness CA is administered on a functional basis, with areas of specialization arranged into categories generally adap- table to the diverse socio-politico-economic ramifications of civilian communities. Each function is related to a certain extent to every other function, and their interlocking relationships do not permit assignment of exclusive interest to any one functional area. Extensive liaison and coordination are also required with other military units, particularly Intelligence, Military Police, Engi- neers, Signal, Medical, and Quartermaster. In CA operations, aside from purposes of organization and training, the functional breakdown is not arbitrary but is designed to provide sufficient flexibility to fit the special requirement of any area or situation.

b.
In applying these functions in any foreign land, commanders must be constantly alert to avoid projection of an organizational concept from U.S., state, or local forms previously encountered. By way of illustration, in many foreign countries the following functions are commonly assigned to postal ministries in addition to responsibility for "carrying the mails":

(1)
    Telephone service.

(2)
    Telegraph service.

(3)
    Radio service.

(4)
    Bus transportation. This is a mechanized retention of the original postal service-the stage coach.

(5)
    Commercial banking. This includes checking accounts, fund transfers, and other transactions in addition to sav- ings deposits.

c.
Included in the areas of specialization are those functions normally related to government; utilities and services, whether private or public; the range of economic matters covering such categories as manufacture, distribution, and sale of goods, in- cluding agriculture products, money and banking; and other as- pects of civilian communities associated with communications media, displaced persons, cultural and documentary collections, education, religion, and the gamut of sociological institutions. For purposes of discussion in this manual twenty-one separate functions are considered, although the number could be increased or contracted depending on the mission and operational circum- stances.

18      AGO 6147B
d. Reflecting a type organization, individual functions more nearly related are consolidated into four general categories, Gov- ernmental, Economic, Public Facilities, and Special. The break- down of activities within each function is predicated upon situa- tions where the military commander exercises full control to illustrate complete application. Lesser degrees of authority and scope of mission will entail correspondingly lesser activity in each function, but to some extent, in a11 conditions of peace and war, commanders are directly concerned with the following func- tions:
(1)
Governmental.

(a)
Civil Government

(b)
Legal

(c)
Public Safety

(d)
Public Health

(e)
Public Welfare

(f)
Public Finance

(g)
Public Education

(h)
Labor

(2)
Economic.

(a)
Economics

(b)
Commerce and Industry

(c)
Food and Agriculture

(d)
Price Control and Rationing

(e)
Property Control

(f)
Civilian Supply

(3)
Public Facilities

(a)
Public Works and Utilities

(b)
Public Communications

(c)
Public Transportation

(4)
Special

(a)
Civil Information

(b)
Displaced Persons

(c)
Arts, Monuments, and Archives

(d)
Religious Affairs

1 1. Governmental Functions
Included in this grouping of functions are those dealing with matters customarily involving governmental activity or control. The general areas of concern include the organization and con- duct of local government, political activities; review, advice, or correction of civil officials in accordance with competent directives, and implementation of policy decisions with respect to control or other relationships with government in the area of operations.
a. Civil Government. This function is concerned with the
AGO 6147B
structure and conduct of local government. It encompasses methods of establishing legislative and executive agencies from national to local levels and the processes of these agencies in the administration of civil government. Included are such considera- tions as political. parties, eligibility for franchise, elections, ten- ure, and all other aspects of the development and operation of the apparatus of government. Commanders having area respon- sibility, their staffs, and CA units are charged, as appropriate, with­
(1)
Surveying governmental organization at all levels.

(2)
    Surveying lines of authority and influence having im- pact on political matters.

(3)
    Analyzing effectiveness of existing agencies of govern- ment or social control.

(4)
Studying effectiveness of governmental officials and em- ployees and of other community leaders; removing per- sons who are inimical to the United States or who are not in sympathy with its policies and objectives, and securing the appointment of leaders who will further desired programs.

(5)
Negotiating to gain support or cooperation for United States forces.

(6)
    Recommending organization, functioning, staffing, and authority of agencies of government or social control.

(7)
    Advising, conducting liaison with, supervising, control- ling, or replacing organs of government.

(8)
    Participating on joint commissions, committees, or coun- cils concerned with governmental affairs.

b.
Legal. This function is concerned with the legal system of the area and the application of international law in CA operations. Commanders having CA area responsibility, their staffs, and CA units are charged, as appropriate with-

(1)
Translation of the legal aspect of CA operations into plans and directives.

(2)
    Analysis and interpretation of the civil and criminal laws of the territory, particularly restraints imposed upon the civil populace.

(3)
    Study of the organization of the judicial system includ- ing determination of legal status and jurisdiction of civil courts and law.

(4)
Review of the local organization of the bar and deter- mination of reliability of its members.

(5)
Examination of locally accepted forms of judicial pro- cedure including rules of evidence and rights of. the accused.

AGO G147B
(6)
    Assistance to commanders and staffs in the preparation of proclamations, ordinances, orders and directives, and as otherwise may be required.

(7)
    The establishment of necessary civil affairs tribunals and other judicial and administrative agencies, includ- ing their number, types, jurisdiction, procedures, and delegation of appointing authority.

(8)
    The closure or reopening of local tribunals, including courts, boards, and commissions; their jurisdiction, or­ganization and procedure, and the class of cases triable therein.

(9)
    Recommendations concerning the suspension or abro­gation of laws and procedural rules applicable to local courts.

(10)
    Recommendations concerning the alteration, suspension, or promulgation of laws to include civil legislation for the government of the area in which military forces are deployed. It may be necessary to deny enforcement effect to local legislation or to adopt new laws essential to the control of the area in question and the protection of

U.S. forces. Such legislation must conform to applicable provisions of U.S. law and international law as, for example, the 1949 Geneva Civilian Convention.
(11)
    Supervision of the administration of civil and criminal laws by local officials.

(12)
    Provision of members for civil affairs tribunals.

(13)
    Review or administrative examination of cases tried in CA courts before referral to higher headquarters for final review.

(14)
    Arrangements for transmittal of civilian claims against the United States to the proper agency.

c.
Public Safety. This function is basic in CA operations and includes, in addition to the establishment and maintenance of public order and safety, the coordination of civil defense plans and measures with the military plans for rear area defense and damage control. Commanders having area responsibility, their staffs, and CA units are charged as appropriate, with-

(1)
Examination of the customary method of announcing regulations concerning conduct of the people and of those law enforcement methods having traditional re­spect among the civilian population.

(2)
    Study of the organization, capabilities, equipment, and functioning of existing law and order agencies, confine- ment facilities, civil defense, and fire-fighting agencies.

AGO 6117B     
(3)     
Analysis of the character of the population with respect to orderliness and obedience to law.

(4)
    Coordination with counterintelligence elements of the Intelligence Corps in the prevention and detection of espionage, sabotage, subversion, and civilian aid to guer- rilla activities.

(5)
    Preparation of plans, procedures, and recommendations for restoring law and order.

(6)
    Supervision of those civilian agencies which enforce law and maintain order with particular attention to looting, rioting, control of liquor and narcotics; collec- tion and disposition of weapons, explosives, and imple- ments of war in the hands of civilians, and the enforce- ment of regulatory and other measures of the occupant.

(7)
    Assurance of proper posting of proclamations and notices.

(8)
    Enforcement of orders relating to security control of the civil population, including, as necessary, establish- ment and operation of a pass system, registration of individuals, check points, curfew, communications, regu- lations, control of assembly, and arrest of wanted per- sons.

(9)
    Establishment, supervision, and strengthening of exist- ing local organizations for civilian safety and protection in order to provide for natural disaster, air raid warn- ing, blackout shelter, fire fighting, evacu~.tion, demoli- tion, and related activities.

(10)
    Coordination and integration of civil defense measures with rear area security and damage control plans and supervision over civilian activities in integrated plans.

(11)
    Arrangements for warning service and other military assistance for civilian protection and recovery.

(12)
    Supervision of administration of jails and prisons.

(13)
    Requisition and issuance of required police and fire de- partment equipment in accordance with approved poli- cies.

(14)
    Activities regarding impounding or safeguarding sup- plies, materials, equipment, buildings, or areas as may be required for any civil affairs function or activity.

(15)
    Determination of suitability of government employees and public officials.

d.
Public Health. This function is concerned with measures to preserve or restore the state of public health and to protect the health of military forces. Due to the changed nature of mod- ern war, it has now been provided by the Geneva Civilian Con-

AGO G147B
vention of 1949 that belligerents must protect the wounded, sick, aged, children, and expectant mothers from the effects of war. This Convention also provides that civilian hospitals and medical transportation facilities are entitled to the same protection from attack as is provided for military medical units and facilities. Commanders having area responsibility, their staffs, and CA units are charged, as appropriate, with-
(1)
    Analysis of organization and functions of public health and sanitation agencies.

(2)
    Survey of adequacy of medical, paramedical, and aux- iliary personnel, medical, and sanitation facilities.

(3)
    Preparation of estimates of requirements for additional medical personnel, medical supplies, and materials re­quired to maintain minimum facilities.

(4)
    Provisions for the prevention, control, and treatment of endemic and epidemic diseases, e.g., malaria and insect control.

(5)
    Measures for the restoration and protection of food and water supplies.

(6)
    Measures for the disposal of sewage and waste.

(7)
    Arrangements for the treatment of sick and wounded civilians, including provisions for medical assistance by military units when required for humanitarian reasons.

(8)
    Promulgaton of local orders directing that civilians observe such other medical and sanitary measures as are deemed necessary.

(9)
    Supervision of civilian public health officials in the en- forcement of public health laws and the performance of public health services.

(10)
    Retention, removal, or appointment of public health officials.

(11)
    Plans and recommendations for rehabilitation or recon- struction of hospitals and other civilian medical facili- ties.

(12)
    Requisitions pursuant to established policy and issuance to civilian medical facilities and sanitation agencies of military medical and sanitary supplies.

(13)
    Recommendations regarding safeguarding supplies and facilities.

(14)
    Collection and burial of civilian and animal dead and maintenance of necessary records.

(15)
    Supervision, restoration, and maintenance of public health facilities and records.

e.
Public Welfare. This function is concerned with emergency and continuing relief measures essential to public order and wel-

AGO 6147B     
fare, including supervision and coordination of relief activities and welfare measures, supervision and control of public and pri- vate welfare institutions. Included are public and private insti- tutions for the care of children, the aged and handicapped, and miscellaneous charitable and relief organizations. Commanders having area responsibility, their staffs, and CA units are charged with such matters as the following:
(1)
    Analysis of public and private welfare institutions and applicable public law.

(2)
    Estimate of requirements for public welfare activities.

(3)
    Supervision of administration of public welfare laws and the regulation of public and private charitable insti- tutions.

(4)
    Plans for military assistance in public welfare activities.

(5)
    Supervision over voluntary agencies and contributions from such sources.

(6)
    Preparation and coordination of the public welfare por- tions of area defense and evacuation plans.

(7)
    Estimation of requirements, requisitions according to established policy, and supervision of distribution of relief supplies from military sources.

(8)
    Supervision of emergency shelter and feeding centers for indigenous civilians.

(9)
    Recommendations far safeguarding appropriate estab- lishments.

f.
Public Finance. This function is of vast importance in the conduct of economic welfare and economic stabilization measures and assists in reducing support contributions by the United States. It includes control, supervision, and audit of fiscal resources; budget practices, taxation, expenditures of public funds, currency issues, and the banking agencies and affiliates. It is essential that the function be performed in an integrated and uniform manner within each national area. Commanders having area responsi­bility, their staffs, and CA units may be charged with tasks such as­

(1)
Analysis of taxation systems and other sources of reve- nue, governmental expenditures, and estimates of ade- quacy of public funds for performance of governmental functions.

(2)
    Review of public laws and agencies regulating banking and financing.

(3)
    Analysis of financial structures including types and conditions of financial institutions.

(4)
    Analysis of types and amounts of circulating currencies,

AGO 6147B
acceptance by population of such currencies, and current foreign exchange rates.
(5)
    Recommendations as to designation of type of circulat- ing local currency.

(6)
    Recommendations as to provisions for military currency.

(7)
    Recommendations as to establishment of currency ex­change rates.

(8)
    Establishment and enforcement of restrictions on ex­portation of currencies.

(9)
    Recommendations for control of foreign exchange.

(10)
    Establishment of controls over budget, taxation, expendi- tures, and public funds and determination of appropriate fiscal accounting procedures.

(11)
    Reestablishment or revision of taxation systems in ac- cordance with policy directives.

(12)
    Liquidation, reorganization, opening, or closing of banks.

(13)
    Supervision over credit and provisions for credit needs.

(14)
    Regulation or supervision of governmental fiscal agencies, banks, credit cooperatives, and other financial institutions.

(15)
    Recommendations for advances of funds to governmental or private financial institutions.

(16)
    Recommendations as to emergency declaration of debt suspensions for specific types of debis.

(17)
    Recommendations for protection of public and private financial institutions and safeguarding funds, securities, and financial records.

g.
Public Education. This function is concerned with the super- vision of educational programs and institutions and public librar- ies within the area of operations. This includes the closing or establishment of public or private schools, determination of curric- ula, and selection of administrative and instructor personnel. Commanders having area responsibility, their staffs, and CA

,
units are charged, as appropriate, with-
(1)
Survey and analysis of school facilities, applicable laws, courses of study, procedures for training and selection of teachers, and text books.

(2)
    Recommendations for changes necessary to comply with national policy, e.g., screening teachers or changing text- books.

(3)
    Determination and enforcement of restrictions on the utilization of school facilities, e.g., prohibition against billeting in school buildings when other facilities are available.

AGO 6147B     
(4)
    Supervision of administration, safeguarding of records, and conduct of inspections of schools.

(5)
    Requisition and issuance of materials and supplies for use in schools.

(6)
    Removal of civilian personnel engaged in public educa- tion who are inimical to the United States or are not in sympathy with its policies and objectives.

h.
Labor. This function is concerned with assistance to, liaison and coordination with and, in appropriate cases, supervision, con- trol, or operation of governmental and private agencies and institutions concerned with labor. In addition to activities in the labor field directed primarily to the local economy, the CA or- ganization effects arrangements .to provide labor needs of the military forces in accordance with policies established by higher authorities and applicable provisions of law. Procurement of labor, training, relocation, housing, safety standards, policies respecting wages and hours, unemployment subsidies, compensa- tion for injuries and the like, may be governed by an applicable civil affairs agreement. Civil affairs operations subject to the provisions of the Hague Regulations and the 1949 Geneva Con- ventions, particularly the Civilian and POW Conventions, will pose special problems for civil affairs officers (see FM 27-10). Also of possible application are provisions of United States law and of local lzw relating to labor. The varying legal norms that may be applicable to civil affairs activities concerned with labor and the dual nature of the commander's responsibility as it re- lates to his own and the local economy's labor requirements combine to make the labor function of major importance. All facets of the labor function require the maximum of coordinating and planning effort. Commanders having area responsibility, their staffs, and CA units are charged, for example, with-

(1)
Plans for use of labor.

(2)
Determination of labor availability and procedures for procurement of labor for authorized types of work.

(3)
    Review of applicable laws and policies respecting labor and review of status, operation, and effectiveness of local agencies, institutions, and organizations concerned with labor matters.

(4)
    Analysis of labor relations including studies of labor organizations and labor relations between employers and employees.

(5)
    Determination of extent and means of control or super- vision over labor markets and labor organizations.

(6)
Recommendations     as to priority of utilization of labor in rehabilitation of the economy.

26      AGO G147B
(7) Recommendations concerning utilization of civilian labor
to include-
(a) Wage controls including pay scales and schedules of hours of work.
(b)     
Labor relations including medical care and compensa-
tion.
(c)     
Payment of wages.
(8)
Recommendations as to changes in pertinent labor laws, regulations, policies, and practices.

(9)
    Coordination with governmental labor procurement agencies.

12.     Economic Functions
This grouping of functions includes those particularly con­cerned with the economic aspects of an area. The functions are of significance in considerations respecting support rendered the military effort and requirements for military support to the civilian economy. They require decisions from governmental agencies concerned and coordinated planning to insure integration of the functions in overall operations.
a. Economics. This function includes the general matters per- taining to the economy of an area, including specialized economic functions of civil affairs for which appropriate specialized person- nel are not otherwise available. Commanders having area re­sponsibility, their staffs, and CA units are charged, for example, with­
(1)
Development of plans for the maintenance, preserva- tion, rehabilitation, or restmation of the local economy.

(2)
    Determination of the availability of local resources for military use.

(3)
    Determination of location, type, and availability of na- tural resources.

(4)
    Economic stabilization measures.

(5)
    Preparation or implementation of economic warfare plans.

(6)
    Surveys of legal provisions applicable to economic mat- ters and public and private agencies and institutions concerned with economic activities.

(7)
    Determination of those business activities essential to the

continued production and distribution .of essential goods and services.

(8)
Compilation and analysis of statistics on domestic and foreign trade.

(9)
    Information and advice to local business and commercial

AGO 6147B     
institutions concerning policies of the military com­mander.
(10)
    Preparation of requirements for materials to be diverted to military use in accordance with policy guidance pub- lished by higher headquarters and applicable require- ments of law (see FM 27-10 and DA Pam 27-1).

(11)
    Determination of specific types of business enterprises including brokerage houses, markets, and banks to be opened or closed, taking into account policies of higher headquarters and applicable provisions of law.

(12)
    Recommendations on allocation of resources between military and civilian needs and between areas, indus- tries, and plants.

(13)
    Provisions of bonuses, subsidies, and price adjustments to encourage production and movement of required goods and materials.

(14)
    Restrictions on exports or imports.

b.
Commerce and Industry. This function is concerned with developing local commerce and industry in accordance with an- nounced objectives, thus coordinating the commercial activities and industrial production of the area. Commanders having area responsibility, their staffs, and CA units are charged, as appro- priate, with-

(1)
    Surveys of basic and essential commercial activities and industries of the area.

(2)
    Surveys of industrial potential.

(3)
    Determination of means of production and distribution considered essential for military or civilian use in ac- cordance with policy directives.

(4)
    Determination of requirements for machinery, raw ma- terials, and supplies from other than local sources.

(5)
    Determination of means for the development and use of natural resources.

(6)
    Measures to insure production of desired products.

(7)
    Supervision of commercial and industrial activities in- cluding foreign trade.

(8)
    Supervision of natural resources extraction.

(9)
    Recommendations for safeguarding materials, equip­ment, and facilities.

c.
Food and Agriculture. This function is concerned with the stimulation of food production and processing so as to eliminate or reduce requirements for shipment of food products for con- sumption both by military forces and the civil population. Long range planning may of necessity be subordinated to the need for early production. In general, local customs and farming

28      AGO 6147B
practices should be considered together with sound agricultural principles. Commanders having area responsibility, their staffs, and CA units are charged, as appropriate, with-
(1)
    Surveys of agricultural production, farming methods conservation of lands and forests, food storage, marine food resources, and food processing.

(2)
    Surveys to determine the location of food surplus and deficit areas.

(3)
    Recommendations on degree of control of all govern- mental food and agriculture offices.

(4)
    Estimate of food requirements, agricultural production, and probable deficit during the period of operations.

(5)
    Estimate of requirements for food, fertilizer, and farm machinery from other areas or military sources.

(6)
    Measures to encourage earliest possible resumption of agricultural production.

(7)
    Recommendations as to restrictions on civilian circula- tion and transportation of non-essential supplies to per- mit distribution and movement of required agricultural supplies and equipment.

(8)
    Recommendations as to measures to avoid requisitioning the labor of farmers during critical periods, e.g., seeding and harvesting of grain crops.

(9)
    Recommendations for safeguarding supplies and equip- ment.

d.
Price Control and Rationing. This function includes meas- ures to insure the equitable and effective distribution of essential commodities. Control of prices, rationing, and other related restrictions may be required, from the initiation of operations in occupied territory, to prevent hoarding, inflation, black-market- ing, and diversionary activities injurious to the objectives sought. Commanders having responsibility, their staffs, and CA units are responsible for-

(1)
    Examination of price control and rationing measures instituted by the existing government to determine ex- tent and effectiveness thereof.

(2)
    Supervision of policies and officials in price control and rationing.

(3)
    Procedures to control and allocate imported supplies to uses which will further the objectives of the occupa- tion.

(4)
    Measures to prevent exportation of supplies needed in the occupied area.

(5)
    Restrictions to prevent purchases by troops of supplies required by the civilian population and to prohibit the

AGO 6147B     
sale by troops to civilians of items which harm the local economy.
(6)     and enforcement of measures for the
Determination control of rent and rationing of dwelling space and other scarce real estate.
e. Property Control. This function serves to protect property within established limits and to preserve negotiable assets and resources. It is based on a uniform and orderly system for the custody and control of property. Commanders having area re- sponsibility, their staffs, and CA units may be charged with-
(1)
Recommendations as to policies and procedures concern- ing the custody and administration of property.

(2)
    Review of types or classes of property to be taken into custody and analysis of civil laws pertaining to such property.

(3)
    Preparation of schedules of property to be placed under military controls as determined by policy directives, including­

(a)
    Property owned by enemy governments or nationals of those governments.

(b)
    Property of allied governments over which temporary control will be assumed.

(c)
    Private property susceptible of military use.

(4)
    Control and administration of certain categories of prop-

erty designated for control, appointing custodians where necessary.

(5)
    Protection of all records of title, transfers, and other property transactions.

(6)     
Review of evidence available to determine ownership.
(7)     Maintenance of registers for supplies and property transferred from civilian sources to military units.
f . Civilian Supply.
(1) Civilian supply will ordinarily be a primary problem in any civil affairs operations; it is related to virtually every other function of civil affairs. Because of the close interplay between the military and the civilian communities, the success of the military effort will fre- quently depend upon the degree to which a civilian pop- ulation affected by military operations can sustain itself or even contribute to the military effort. In a civil affairs relation governed by a specific civil affairs agreement, the military commander's responsibilities for logistical support to the civilian economy and, correspondingly, the measure of the local population's contribution to the military effort will be defined by the agreement. Even
AGO 6147B
30     
 

where the scope of the civil affairs operation is clearly defined by agreement there will be instances where the necessities of the case will require additional measures to ameliorate civilian supply deficiencies. Operations conducted in friendly territory in the absence of an agreement, or in domestic territory, or in hostile terri- tory, will in each case present problems in civilian sup- ply peculiar to the circumstances. The measure of a military commander's duty to assist in the maintenance of food and medical supplies and other commodities essential to the health and well being of the inhabitants is circumscribed by the necessities of the case taking account of the commander's own resources and capa- bilities.
(2)     Specific treaty requirements may cast upon a com­mander the burden of bringing in to an area affected by military operations necessary foodstuffs, medical stores, and other articles essential to the sustenance of life if the local resources are inadequate. (See Articles 55 and 56 of the 1949 Geneva Civilian Convention.) Like obligations may be imposed by provisions of United States law or policy directives from higher authority. For civilian supply activities involving procurement with appropriated funds, see DA Pam. 27-153, Procurement Law .(1961). Efficient and resourceful civilian supply measures will advance all other objectives of the civil affairs operation. In addition to emergency relief sup- plies of whatever source, this function concerns supplies for use in or the enhancement of the civilian economy. Goods and services may be obtained from governmental organizations and individuals by voluntary contributions, purchase, requisitions, confiscation, seizure, condemna- tion, or other method sanctioned by law and applied to such military or civilian needs as may be authorized or required by applicable provisions of law. Civilian supplies may be obtained from adjacent surplus areas within the country in which the military forces are de- ployed, from neighboring countries, or from the Zone of the Interior. Types of supplies that may be approved for issue from military stocks consist principally of food, clothing, engineer equipment to insure operation
of essential utilities, medical supplies, transportation equipment, fuel, and lubricants. Commanders having area responsibility, their staffs, and CA units are charged, for example with the following:
AGO 6147B     
(a)     
Planning activities on the basis of strategic-logistic
studies.
(b)     normal standards of living, including
Surveying
health and dietary factors.
(c)
    Reviewing agricultural and industrial patterns of the area to determine the effects of administrative poli- cies on civilian supplies.

(d)
    Estimating adequacy of available civilian supplies.

(e)
    Making recommendations as to movements of essen­tial civilian supplies, particularly food and fuel, from surplus to deficit areas.

(f)
    Recommending supplies which should be made avail- able from military sources and allocations to be made of such supplies.

(g)
    Making recommendations as to supplies available for military use from civilian sources in accordance with the rules of international law.

(h)
    Negotiating with civilians to obtain support for mili- tary units.

(i)
Insuring coordination of transportation facilities for the distribution of civilian supplies.

(j)     
Analyzing the organization of collecting and distrib- uting agencies handling essential supplies.
(k)
    Purchasing, requisitioning, drawing, or otherwise ac- quiring, warehousing, and accomplishing distribution of civilian supplies in accordance with established policies and applicable requirements of law.

(1)
    Establishing and maintaining civilian supply records.

(m)
    Conducting liaison with supply agencies to insure that military supplies are provided for civilian use as approved by the commander.

(n)
Assuring adequate safeguarding of essential civilian supplies.

13.     Public Facilities Functions
Included in this group of functions are three related fields which generally can be considered on a national scale, although important subsidiary activities, particularly in utilities and trans- port, may be of special interest on the local level. These areas are of marked importance because of the probable direct utiliza- tion of their resources and support by military forces.
a. Public Works and Utilities. This function is concerned with the supervision and operation, where required, of such facilities as buildings, dams, water, gas, waste disposal, electrical, and other power systems, and restoration or introduction of such
32      AGO G147B
services. Commanders having area responsibility, their staffs, and CA units are charged, as appropriate, with-
(1)
Survey of the organization and capabilities of key in- stallations including extent of damage.

(2)
    Analysis of the organization, functions, and authority of regulatory agencies.

(3)
    Recommendations as to the desired extent of operation of civilian facilities by military agencies.

(4)
    Determination of requirements of public utilities for labor, technical assistance, replacement parts, and fuel.

(5)
    Recommendations as to the allocation of public utilities for civilian and military use.

(6)
    Recommendations regarding police protection of essen- tial facilities.

(7)
    Requisitions of military supplies and materials through civilian supply channels to aid in rehabilitating public works and utilities.

(8)
    Supervision over facilities released from military to civilian control.

(9)
    Acquirement of essential public utilities services from military sources.

b.
Public Communications. This function is concerned with the supervision of the postal services and of those civil communi- cation facilities not under the direct military control of the signal officer. Commanders having area responsibility, their staffs, and CA units are charged, as appropriate, with-

(1)
Analysis of the location, functions, means, and tech- niques of communication facilities and postal services existing in the territory.

(2)
    Study and supervision of the organization and adminis- tration of civilian communications. For example, postal services are often organized and administered in con­junction with telephone and telegraph services.

(3)
    Review of existing international agreements relative to communications.

(4)
    Analysis of requirements for communication parts and material and determination as to whether such require- ments can be supplied locally or whether other sources must be utilized.

(5)
    Review of the organization, authority, and functions of regulatory bodies.

(6)
    Study of requirements for and availability of civilian technical specialists.

(7)
    Recommendations as to the extent communication fa- cilities should be controlled, supervised, or operated by

AGO 6147B     
the technical services, the CA organization, or other units.
(8)
    Recommendations, in accordance with policy directives, as to the allocation of communication facilities between military and civilian use and determination of alternate means of communications available to support the local administration in the event facilities are required for military use.

(9)
    Control, supervision, or operation, in accordance with established policies, of civil communications facilities and postal services.

(10)
    Requisitions, in accordance with policy directives, of military supplies and equipment for rehabilitation and operation of communications facilities.

(11)
    Recommendations as to measures for protection of es­sential communications facilities.

(12)
    Supervision of return to civilian control of facilities no longer required for military use.

c.
Public Transportation. This function is concerned with supervising those transportation facilities which remain under or are transferred to the civil government or private operators. The railways, highways, airways, and waterways form a system of public transportation, and this system must serve our armed forces as well as the civilian economy of a country. Commanders having area responsibility, their staffs, and CA units are charged, as appropriate, with-

(1)
    Survey of the organization, routes, and capacities of the transportation system including extent of damage and requirements for restoration.

(2)
    Analysis of the organization, powers, and functions of regulatory agencies.

(3)
    Recommendations as to the desired extent of operation of the civilian transportation system by the military agencies.

(4)
    Determination of requirements of civilian transporta- tion system for labor, technical, engineer or other assist- ance, replacement parts, and fuel.

(5)
    Recommendations as to the allocation of transportation facilities for civilian or military use and coordination of such recommendations with the appropriate military agencies, e.g., operation of railways by the area military railway service or airlines by the Air Force.

(6)
    Arrangements for police protection of essential trans- portation facilities and installations.

(7)
    Requisitions, in accordance with policy directives, of

AGO 6147B
military supplies, fuel, and materials for use in rehabili- tating and operating transportation facilities.
(8)
    Acquirement of minimum essential transportation facili- ties for civilian use and assessment of civilian facilities available for military use.

(9)
    Supervision over facilities released from military to civilian control.

14.     Special Functions
These functions are concerned with people, their rights as individuals; their culture, religion, care, protection, and control. Planned direction and constant supervision are essential to uni- formity of operations and to the successful accomplishment of activities within this category.
a. Civil Information. The function of civil information is con- cerned with the operation of public communication media, such as the press, radio, motion pictures, and postal services. To assist in the conduct of this function, psychological warfare personnel may be attached to CA units to support CA operations (see FM 33-5). Commanders having area responsibility, their staffs, and CA units are charged, as appropriate, with-
(1),Survey and analysis of available information media.
(2)
    Studies of the facilities employed to disseminate infor- mation to the people, the type and extent of the informa- tion disseminated, and the degree of its acceptance by the people.

(3)
    Preparation, distribution, and dissemination of informa- tion through Armed Forces radio stations and civilian information media.

(4)
    Recommendation of procedures for and supervision of civilian information media, including review and censor- ship of material to be disseminated.

(5)
    Removal of those civilian personnel, engaged in the op- eration of information media, who are inimical to the United States or not in sympathy with its policies and objectives.

(6)
    Recommendations regarding measures for protection of physical facilities of information media, e.g., newspaper plants and radio stations.

(7)
    Requisition, protection, and issuance of supplies includ- ing newsprint, ink, and radio parts.

(8)
    Coordination of civil information activities.

b.
Displaced Persoas, Refugees, and Evacuees. This function is concerned with the control, care, repatriation or resettlement of displaced persons, refugees, and evacuees. Consideration must

AGO 6147B     
be given during the course of military operations to the deliberate movement by the enemy of refugees, evacuees, and displaced per- sons into friendly areas of operations. Failure to control the movement of such persons may seriously interfere with the ac- complishment of the tactical mission. Commanders having area responsibility, their staffs, and CA units are charged, as appro- priate, with-
(1)
Survey and analysis to determine-

(a)
Estimated numbers      of      displaced persons, refugees, and evacuees together with routes of movement to selected assembly points.

(b)
    Languages, customs, and attitudes of the people con- cerned.

(c)
Adequacy of facilities and local supplies in the area in which such persons will be found.

(d)
    Probable desires of such persons.

(e)
Attitudes and policies of the governments of the native countries toward such persons.

(f)
    Acceptability of such persons as immigrants to other nations.

(2)
    Preparation of plans for control and supervision of the welfare of refugees, displaced persons, and evacuees (movement, housing, feeding, and medical service) and administrative processing thereof.

(3)
    Operation and administration of refugee camps and planning for required construction.

(4)
    Requisition and issuance of supplies for support of refugee camps.

(5)
    Maintenance of liaison with appropriate agencies regard- ing plans to repatriate, resettle, or move displaced per- sons and refugees.

c.
Arts, Monuments, and Archives. This function, in its broad aspects, seeks to protect the traditional culture, customs, and arts of an area. It is specifically concerned with maintenance or estab- lishment of protective measures for cultural property such as important religious edifices, monuments, and movable objects including archeological, historic, scientific, and artistic objects and collections. (See FM27-10, DA Pam 27-1, and App XXIII.) This function also includes duties and tasks concerned with safe- guarding and accounting for archives and official public records. The function may include concern with cultural patterns and respect for local customs and traditions. Commanders having area responsibility, their staffs, and CA units are charged, as appro- priate, with-

AGO 6147B
(1)
    Surveying and preparing-

(a)
    Lists of individual objects of fine arts and monuments known or believed to be in the territory, showing their location and the names of persons or organizations having custody thereof.

(b)
     of repositories of archives, museums of art,

Lists
libraries, and collections of archives and objects of fine
arts showing their locations and caretakers.
(c)
    Lists of names of known authorities on fine arts and archives within the country.

(2)
    Preparing and publishing directives and instructions concerning the care and protection of fine arts, monu- ments, libraries, archives, and other objects of historical and cultural value.

(3)
    Advising commanders and other staff sections concern- ing fine arts, monuments, libraries, archives, and records that are or will be uncovered.

(4)
    Locating, identifying, ascertaining ownership, and safe- guarding objects of fine art, monuments, libraries, archives, and records.

(5)
    Requesting technical services for such logistical support and technical assistance as may be required and author- ized.

(6)
    Recommending return of property to rightful owners.

I———­
' Signature of bearer
I Photo of or fingerprints or
r bearer 1 both
I I
I
I

w     v
IDmmm          I
 I
 I
 
for personnel engaged in the
 protection of cultural property
 
,E665s&d
stamp',Surname bf authorit$
First names \ issuing I Date of Birth \, card ,'Title or Rank
..
Function      –1'
 
is the bearer of this card under the
 terms of the Convention of the JIague,
 
Height Eyes Hair dated 14 May, 1954, for the Protection of Cultural Property in the event of Armed Conflict.     
Other distinguishing marks
…………………………………

Date of issue Number of Card
…………………………………
 

——————————–…………………………………
 

…………………………………
 

…………………………………
 

Figure 2. Identity card of persons engaged i?a protection of cwlt~rral property. The emblem alone may be afioed to protected property.
AGO 6liiB     
(7)
    Marking protected property with such identifying sym- bols as may be designated by appropriate authority or international agreement.

d.
Religious Aflairs. Personnel charged with this function seek to foster or preserve religious freedom ;protect shrines, buildings, symbols, and devices associated with religion ; support and en­courage clergy of all faiths and creeds in their practices except those facets of a religion inimical to the U.S. war effort or any rites detrimental to the life or health of the practitioners. Com­manders having area responsibility, their staffs, and CA units are charged, as appropriate, with-

(1)
    Continuing studies on religious practices, structures, physical symbols and devices, hierarchies, and major personalities.

(2)
    Fostering and encouraging religious freedom except where the beliefs or practices pose a security threat to

U.S. forces or endanger the lives of participants.
(3)
    Developing areas of compromise and arbitration to lessen friction and hostility between diametrically opposed religious groups.

(4)
    Determining restrictions on the use of religious fa- cilities. Religious buildings, shrines, and consecrated places employed for worship may be used only for aid stations, medical installations, or for the housing of wounded personnel awaiting evacuation, providing that a situation of emergency exists.

(5)
    Seeking methods of effecting compromise between dietary habits, based on religious beliefs, and the production and distribution of foodstuffs.

(6)
    Developing codes of behavior and educating troops to reduce possibilities of offensive acts contrary to religious customs and practices of the area including any mission- ary activities on the part of U.S. Armed Forces personnel.

AGO 6147B
 

CHAPTER 3
 
ORGANIZATION FOR CIVIL AFFAIRS OPERATIONS
Section I. GENERAL
15. Basic Concepts
a. The CA organization serves as an agency at the disposal of the military commander to assist in the accomplishment of his assigned mission and to combat enemy action which may be either planned or unplanned. In addition to assisting the commander in combating enemy action, the civil affairs organization is available to support him in accomplishing other missions which might be assigned. Examples might include training indigenous allied forces; supporting civilian authorities in the United States in emergencies ; supporting activities of field representatives of the Department of State in negotiating and implementing provisions of civil affairs agreements, and developing supplemental agree- ments between allied military commanders during deployment of
U.S.
forces in friendly foreign countries. Planned enemy action may consist of driving refugees into friendly lines to disrupt mili- tary operations ; sending infiltrators into friendly lines to gather information and attack vulnerable lines of communication and administrative installations, and disrupting the political, economic, and sociological structures of countries under enemy occupation in order to weaken the will of population to resist. Unplanned enemy action may include the damage to civilian economies and centers of population which normally accompanies full scale mili- tary operations. Resulting chaos and confusion must be reduced in the shortest possible time in order to lessen interference with the conduct of military operations.

b.
The CA organization must be flexible and adaptable to local political, economic, and sociological conditions. It must be pre- pared to implement policies transmitted by proper authority. It is responsible for recommending changes or modifications to policies and providing substantiation for such recommendations through the observation of results in the field.

c.
The CA organization is concerned with the regulation of those social processes which represent the changing ways in which human beings relate themselves to others. Social processes are complex and unpredictable. Detailed prior planning enables the commander to employ the CA organization in the regulation of social processes and in the control, supervision, or influence of

AGO 6147B
the local population, government, and economy. In order to utilize fully the capabilities of the CA organization, military commanders must provide adequate direction to the CA units, teams, or detach- ments placed under their control, and must insure that such units, teams, or detachments are effectively employed, adequately supported, and properly supervised. (For information on the doctrine and principles employed in military operations, see FM 100-5.)
d.
Fundamental justification for the civil affairs organization is found in the military principle of ECONOMY OF FORCE. One trained civil affairs officer or a small but qualified detachment working through and with civil authorities and population can accomplish what might be difficult, or even impossible, for a com- pany or battalion of troops.

e.
General principles of U.S. Army CA organization are appli- cable to any U.S. Army force, regardless of size or type, and will be applied to the extent possible within joint or combined commands.

f.
A considerable degree of CA area authority is usually dele- gated or sub-delegated to tactical commanders down to and in- cluding division commanders. CA area authority, when delegated, is normally given to the highest U.S. Army command in the area of operations. Decentralization of CA authority to other com­mands is usually required during fluid or rapidly moving or changing situations. In static or stable situations, as early as the situation permits, centralization of CA area authority normally is effected to relieve commanders to the maximum extent possible and to facilitate conformance of civil affairs areas of responsibili- ties with existing political boundaries.

g.
For field operations, commanders will require CA elements organized and trained for tasks indicated by assigned missions. Emphasis to be given each of the wide variety of functions will fluctuate with the progress of military operations and changes in national policy.

16. Theater Commander (U.S. Forces)
a. Conduct of relationships between foreign national govern- ments and the senior U.S. military commander in a theater of operations depends upon the degree of authority delegated to him. This policy will be decided at the highest level.
(1) When U.S. diplomatic representatives are in the area and functioning, relations between the senior military commander and such diplomatic representatives usually will be delineated by Executive Order and may include the organization of a Country Team.
AGO 6147B
(2)
    When U.S. diplomatic representatives are not in the area, the senior U.S. military commander is normally given full authority within national policy, to contact, advise, assist, coordinate, or exercise controls, as re­quired. Extent of such authority will vary.

b.
The theater commander implements his policy directives in planning, directing, and coordinating CA operations of all forces under his command, and in coordination with U.S., allied, and UN civilian agencies. He is authorized, but not required, to delegate CA authority. Such delegation will normally be to the senior U.S. Army commander in the area directly subordinate to the theater commander.

c.
In the conduct of his relations with the civil government of the area, the theater commander, within the designated limitations of his authority, establishes and delineates policies which are to be implemented, and assigns missons to major subordinate com- mands. However, he does not normally furnish detailed instruc- tions on the manner of execution. G5 staff sections and CA units within the theater of operations are appropriately employed at the various levels of civil government as the focal points of contact with local officials. CA elements of the military force are not used in substitution for agencies of civil government ex- cept where local government has ceased.

d.
In the conduct of civil affairs activities in friendly territory, the theater commander may exercise some or all of those func- tions normally exercised by the local government. The degree of control exercised by the military commander may be limited by a civil affairs agreement. Since it is normally desirable to restore governmental functions to the recognized central govern- ment of the area at the earliest practicable date, the military commander transfers the exercise of controls to the local govern- ment as rapidly as the military situation permits. It is desirable, prior to the initiation of civil affairs activities in friendly ter- ritory, to conclude a formal civil affairs agreement. Where an adequate civil administration is in existence, the theater com­mander's civil affairs activities may be limited to the conduct of proper relations between his forces and the civil population and such procurement or utilization of local resources or facilities in support of his military operations as may be authorized.

17.    Political Advisor
a. As the agency within the United States Government pri- marily charged with the development and implementation of foreign policy, the Department of State may furnish a political
AGO 61473     
advisor to the staff of the theater commander having civil affairs responsibilities.
b.
The duties of the political advisor are limited to advising the commander on established policies in such matters as govern- mental affairs and relations with other allied and neutral coun- tries and to furnishing informal contact with the Department of State.

c.
Contact between personnel of the CA staff section and of the office of the political advisor should be habitual, informal, and characterized by mutual confidence.

18. Subprdinate Commander
a.
Each commander of a military unit, regardless of its size or subordinate position, must comply with the applicable pro- visions of international law with respect to the inhabitants, gov- ernments, and economies of occupied, liberated, or host territory.

b.
Ordinarily, a commander will depend upon CA units and personnel to deal with local civilians and governmental agencies and to secure for him necessary assistance, supplies, and facilities from local sources.

c.
He may be required to perform CA missions in the field in the absence of CA personnel or units.

19. Combined Operations
When United States forces operate in conjunction with allied troops, the responsibility for conduct of CA operations may be assigned to a combined command.
a.
Directives covering broad aims and policies for initiation or conduct of CA operations by combined or separate allied commands are promulgated preferably by a higher international policy-forming body. If such an organization is not in existence or if international representation is not supplied at the head- quarters of a combined or allied command, an advisory or con- sultative body may be established for the purpose of furnishing policy guidance and effecting coordination with the governments concerned. The composition of this body is not limited to repre- sentatives of allied nations responsible for conduct of the operation; it may include representatives of other nations not participating in, but concerned with, the operation.

b.
A United States officer commanding a combined command complies with CA operational instructions, formulated at inter- allied governmental or command levels, which are transmitted to him through normal command channels. He not only insures adequate CA coverage in his operation plans and in plans of his subordinate commanders, but he also makes an equitable allocation

42 AGO 6147B
of responsibilities for the implementation of CA plans among na- tional forces under his command, to include, when appropriate, provisions for CA units and personnel. Responsibilities of the senior United States commander serving under a combined com- mand are similar to those described above. In addition, he brings to the attention of appropriate authority those policies or actions in the field of CA operations that are believed to be contrary or prejudicial to international law, United States law, United States national interest, United States war objectives, or the postwar international position of the United States.
c.
When United States and allied forces are employed under a single commander, staff representatives from each force are provided. Although the organization of the CA staff section and the principles of staff operations are the same as in unilateral operations, it may be necessary to develop common staff proce- dures. Methods of representation on combined staffs are similar to those for joint staffs and are described in FM 101-5.

d.
In the conduct of combined operations, reference will be made to the various intergovernmental agreements which have been concluded for the purpose of standardizing civil afTairs operations, organization, training, procedures, and methods. (See apps. XV through XX, and FM 41-5.)

20. Delegation of Authority
a.
A theater commander is authorized but not required to delegate his authority for CA matters in all or a part of the theater of operations to a designated deputy or to the theater army, navy, or air force commander. In a theater containing army units of significant size, the army component commander is normally the officer to whom this delegation is made. He, in turn, except as limited by the theater commander, may in his discretion subdelegate this authority to subordinate commanders. Each commander who delegates authority to conduct CA operations will define the extent and degree to which this authority may be subdelegated. All delegations of authority are accompanied by the transmission of appropriate policy guidance, orders, and in- structions.

b.
A commander delegated CA area authority is responsible for CA operations within his assigned area. He may subassign areas of responsibility to subordinate commanders in accordance with the overall theater plan.

21. Requirements for CA Units
On the basis of politico-military objectives, the task organiza- tion, and detailed study of target areas theater requirements for
AGO 6147B
CA staffs and operating units should be determined sufficiently in advance of an operation that personnel and units can be organized and trained for their specific assignments. Criteria for estimat- ing requirements include-
a.
Number and types of tactical and administrative echelons of command to which CA authority will be delegated.

b.
Attitude of target population.

c.
Geographical size and population distribution.

d.
Complexity of economic development and socioethnic struc- ture.

e.
Type of mission.

f.
Length of time operations will continue.

22. Coordination
a.
Theater Army G5 is responsible for general staff supervision of CA matters within the theater army (TA). Under guidance and directives of the TA commander, CA aspects of plans and operations are coordinated at all echelons between Theater Army Civil Affairs Command (TACAC), when established, and other major subordinate commands of theater army by exchange of liaison officers, command and staff liaison, or both. Lateral com- mands are mutually responsible for exchange of information, requests for supporting action, and coordination of activities in areas of mutual concern.

b.
Operations of Theater Army Logistical Command (TALOG) and TACAC are very closely related and mutually supporting in many fields. Continuous liaison must be maintained at all levels. CA staff sections within TALOG will be the normal point of con- tact for informal communications with CA units that support and are supported by TALOG.

c.
TACAC will normally be required to conduct relationships with external commands and agencies through theater army head- quarters. Theater army may authorize TACAC to establish and maintain liaison with theater air, theater navy, allied commands, or other agencies engaged in CA operations or supported by theater army in CA operations. Activities of external agencies directly affecting the civilian population, its government, economy, and institutions, conducted within the area for which TACAC has civil affairs responsibility, are normally subject to coordina- tion and control by TACAC.

d.
The theater commander may authorize other U.S. govern: mental or private agencies to conduct activities of a CA nature. As the principal operating agency available to the theater com- mander for handling relations with the civilian population, its government, economy, and institutions, TACAC should usually be

44 AGO 6147B
given the authority and responsibility for control and coordina- tion of such activities.
e. Commands and agencies under the control of the U.S. Navy, U.S. Air Force, allied forces, or theater headquarters may be authorized to conduct civil affairs operations, or such organi- zations may be stationed within the area for which TACAC is responsible. On matters pertaining to civil affairs, TACAC should be authorized direct communication for interchange of informa- tion, requests for action, and coordination of activities affecting the local population.
Section II. ORGANIZATION OF STAFF SECTIONS
 
AND UNITS
 

23. Elements of Organization
The CA organization consists of staffs, units, and teams. Through these staffs, units, and teams commanders discharge their CA responsibilities. Technical channels of communication will normally be established between CA staff sections and com- parable echelons of higher and subordinate commands to insure uniform implementation of plans and policies and maximum co- ordination of overall CA operations. Due to the extraordinary scope of CA activities, CA elements require great flexibility. Every effort should be made, however, to plan organizational structure, to select personnel, and to train individuals and units for employment at specific echelons of command or levels of gov- ernment. CA units, as such, are not organized for and cannot simultaneously perform the functions of a staff section and an operational command.
24. Staff Sections
a.
The Assistant Chief of Staff, G5, is established as a general staff officer at all echelons of command down to and including the division and comparable units. On a directorate staff, the CA staff officer is designated Director of Civil Affairs. In lower com- mand echelons a CA subsection, operating as an element of the G3 Section, can perform the required functions until a G5 has been made available.

b.
The G5 Section has primary staff responsibility for planning, coordinating, and supervising CA operations to include relation- ships, between the civil population, its government, economy, and institutions and the military forces. In a large command, or where CA may become a major or primary mission of the com- mand, the commander may appoint a deputy for CA operations or may make the CA staff officer a member of his personal staff. The.G5 or CA staff section must be of sufficient size and flexibility

AGO 6147B
to meet the needs of its command echelon and the situation. The nature of CA operations at levels below division normally does not impose a requirement for separate staff sections. At these levels, military-civil relationships become a matter of more im- mediate and personal concern of the commander. Staff responsi- bility for CA activities is assigned to a coordinating staff officer, normally S3, designated by the commander.
c. In joint or combined commands, the CA staff section will be given an appropriate designation. Standardization agreements provide that armies of NATO countries will accept responsibility for appropriate CA administration and support and will have CA staffs and units. See appendixes XC-XX, inclusive.
25. Composition of CA Units
a. The organization of CA units is based on the following con- siderations:
(1)
Efficient command and control.

(2)
Utilization of improved technological means.

(3)
Flexibility with associated economy of personnel.

(4)
Pooling of critical specialist personnel at the highest echelon consistent with centralized control or decentralized opera- tions.

b.
Each element of CA organization is specifically designed to conduct CA operations at a specific echelon of command or level of government. Each CA unit is organized on a cellular basis, with a headquarters administrative and command team supple- mented by appropriate functional teams and service teams. The flexible composition of this organization permits varying require- ments to be met without the creation of special units or the sub- division of fixed units. However, for the purpose of simplifying training and providing guidance for unit organization and for calculating requirements for units, type organizations for the CA units are prescribed by the Department of the Army.

26. Command Support Units
a.
CA command (tactical) support units are those provided for operational use to army groups, field armies, corps, divisions, and other commands, as required to perform recurring CA tasks. Units may be either assigned or attached and accompany the command in movement. Size of command support units will vary, but the following will normally be the minimum:

b.
CA support for a brigade, task forces, and special com­mands will vary greatly, and units assigned or attached, if any, will be tailored for specific circumstances.

S~~pportedOrganization  CA Unit  
Army Group  Area Hq Unit  
Field Army  CA Group  
Corps  CA Company  
Division  CA Platoon  
AGO 6147B  

27. Area Support Units
CA units which provide area support are attached to major tactical or administrative units to augment the units which pro- vide command support and to perform continuing CA functions in specific geographic areas.
28. CA Command
a.
Any commander delegated authority to conduct CA opera- tions normally will exercise these activities through a single CA command consisting of a headquarters unit and its subordinate units and teams.

b.
CA commands are flexible organizations capable of perforrn- ing command or area support operations, which may vary widely in scope and complexity. Flexibility is based on availability of cellular type functional teams from which appropriate combina- tions can be selected to form the CA command organization required.

c.
A CA command structure, with central control over all subordinate area support units, provides maximum continuity and minimum fragmentation of supervision, policy, and authority. In the interest of economy of personnel, stability, and efficiency a CA command normally should be activated at the highest com­mand level.

d.
The smallest CA command is a platoon assigned or attached to a division or comparable headquarters. Next, in order of size, is the CA company, followed by the CA group and the area head- quarters units, B (reduced strength) and A (full strength), each with attached or assigned subordinate units.

e.
In civil affairs operations the issue of centralized versus de- centralized control is particularly significant. It is apparent that commanders to whom CA area responsibility has been delegated require the organization and authority to accomplish their mis- sion. This may involve at the apex a theater CA command, par- ticularly where there are combined operations (see app. XV), and, on a descending scale, a theater army civil affairs command (TACAC) or a TALOG civil affairs command with additional commands established at lower levels where authority is sub- delegated. The further delegation of authority is extended the greater will be the difficulties in effecting coordination and con- formity of national policy guidance. It is essential, even where decentralized CA operations are authorized, that strong central

AGO 6147B 47
direction be exercised through command channels. This neces- sitates CA staff sections possessing the size, functional breadth, and flexibility imperative for the development and dissemination of advisory guidlines to insure the implementation of national goals.
f. CA units required by a command for area support are nor- mally attached. Upon displacement of that command or when the CA units are no longer required, control of these units will pass to the commander designated to exercise CA authority in that area. To the maximum extent practicable, area support units will be organized and trained for deployment in specific areas well in advance of commitment.
29. CA Group
The CA group may be employed in either command or area support roles; group headquarters may be used alone or it may command up to ten companies. It may be assigned responsibility for CA operations of theater army, an army group, a field army, or for CA area support in a province or a very large city. When used in a province, its functional teams would advise, assist, supervise, or direct appropriate departments of the provincial government, with its attached companies and their functional teams performing a similar role in political subdivisions. It may receive and hold for training or deployment individuals, teams, and smaller units. It may conduct schools or other training.
COMMANDING OFFICER
I
 

EXECUTIVE 0mcER
I 1
 

ADCWISWTION OPERATIONS
FUNCTIONAL TEAMS
SECTION SECTION
I
 
Figure 3. Type organization civil affairs platoon.
AGO 6147B
 

30. CA Company
The CA company may be employed in either command or area support roles; a company headquarters may be used alone or it may command up to fifteen platoons and the necessary functional teams. It may be assigned responsibility for CA operations of a corps, or for CA area support in a large city, a major subdivision of a province, or function as part of a CA group. Its organization generally parallels that of a CA group headquarters. The com- pany is the smallest CA unit that can adequately conduct its own supply, mess, and personnel operations.
31. CA Platoon
The CA platoon may be employed in either command or area support roles; it may be used alone or may be augmented with a
=
COMMANDING omcm
I
ADMINISTRATION OPERATIONS SLPPLY AND IvKixmmAI?CE SECTION SECTTON SECTION

I I I
 
PUBLIC SPECIAL ECONOMIC GOVERNMENTAL FACILITIES FUNCTIONS SECTION SECTION
SECTION SECTION
Figure 4. Type organization civil affairs company.
AGO 6147B
 

variety and number of functional teams. It may be assigned responsibility for CA operations of a division, or other command with comparable CA responsibility, or for CA area support in a city, a subdivision equivalent to a county, or function as part of a CA company; It is the smallest CA command. It includes no organic specialists except a public safety NCO but may be aug- mented with those functional teams required for its specific mission.
32. CA Area Headquarters (Type A-Full Strength)
The Type A Area unit may be employed as the national head-

COMMANDING OFFICETI

L
I
mmVE OFFICER
I

A'ITACHED
 
COMPANIES FUNCTONAL TEAMS
 

Figwre 5. Type organization civil affairsgroup.
50 AGO 6147B
quarters unit for a country or as the headquarters of a Theater Army Civil Affairs Command (TACAC) .
33. CA Area Headquarters (Type B-Reduced Strength)
The Type B Area unit may be employed as the national head- quarters unit for a small country or as the headquarters of a
ECONOMIC DIVISION
Economics Commerce and Industry Food and Agriculture Price Control & Rationing Froperty Control Civilian Supply
I
m C FACILITIES DIVISION
BRANCW Public Works and Utilities Public Comunications Public Transportation
OPERATIONS mUARTERS

1
 
LOGISTTCS COMMANDANT SECTION
GO-DIVISION
BRANCHES Civil Government Public Finance
Public Safety Public Welfare Legal Lzbor Public Education Public Health
SPECIAL FtJNCTTONS DMSION
BRANCHES Displaced Persons Public Information Arts, Monuments, & Archives Religious Affairs
Figure 6. Type organization civil affairs area headquarters "A" (full strength) or 'dB''(redr~ced strength).
AGO 6147~
.

..

DECEWEKLZED CHAIN OF COMMAND
,,-POLITICAL BOUNDARY NOTES: 1. Additional units attached by size and nmber required.
2. Other Corps and Divisions not shown.
Figure 7. Command and area stcpport chains of command in a field armv area.
AGO 6147B
 
~
o
THEATER ARMY
…….0…­'" ~
HEADQUARTERS
G-5
….         I
b:I
II         I
TACAC TARS
TALOG
DIRECTOR TACTICAL
~

HEADQUARTERS HEADQUARTERS OF CA
COMMANDS
I     I
I
I I II         2.
r1.
BALOG         ADLOG
CA OPERATING
CA OPERATING AREA
THEATER
II
Figure 8
UNITS
CA SCHOOL
UNITS
COMMA.N1lS
I
,..——­
OF CA II DIRECTOR OF CA IS-5
3·         3.
i,
AREA COMMANDS AREA COMMANDS
S-5
S-5
 
NOTES:
 

1. G-5 staff sections in Army Group, Field Army, Corps , Division and comparable command headquarters.
2.         CA operating units assigned or attached for combat and administrative support to Army Group, Field Army, Corps, Division and comparable units.
3. As required.
(,1'1         Figure 8. Theater army civil affairs organization.
Co)
Civil Affairs Command (CACOM). It is also adaptable for spe- cial type missions which may be assigned by theater or theater army commander such as an advisory staff for a restored national government or a government-in-exile and may serve as a sub­ordinate unit of a CA command.
34. CA Schools and Training Centers
a.
School units serve as administrative and instructional or­ganizations. In a theater of operations they provide special area and refresher training to CA units and personnel and develop and present instructional courses to other units and personnel, as required. In the continental United States, training may be broader in scope, although area and language training may be in- cluded. All instruction will adhere to established doctrine and principles of both civil affairs and general military subjects. (See AR 350-25 for standardization agreements on civil affairs train- ing.)

b.
Training centers receive, activate, organize, equip, and dis- patch CA units. Training may be individual or unit. They may hold units or individuals until they are sent overseas, committed, or reassigned.

Section Ill. CELLULAR TEAMS
35. Types of Teams
Cellular teams of various sizes and capabilities are provided to permit their combination into organizations appropriate for CA command support or area support missions of distinctive character. The teams are of four types-
a.
Administrative and command teams. Providing platoon, company, group or other headquarters personnel (TOE 41-500 and appropriate TD's) .

b.
Functional teams. Each specially qualified in one of the functional areas of civil affairs as previously described in chapter 2 (TOE 41-500).

c.
Language teams. With personnel qualified to provide trans- lator-interpreter services appropriate to the area (TOE 41-500).

d.
Service teams. Food service, automotive maintenance, and signal personnel (TOE 41-500, TOE 29-500, and TOE 11-500).

36. Functional Teams
a. Specialization. Functional teams in different sizes are or- ganized to deal with every facet of the socio-politico-economic life
54 AGO 6147B
of the civilian community. They are formed as cells for attach- ment or assignment to any CA unit where their services have application. Teams are organized for each function discussed in chapter 2 except civil government which is a general unit task.
These teams are-
(1)
Arts, Monuments, and Archives

(2)
Civil Information

(3)
Civilian Supply

(4)
Commerce and Industry

(5)
Displaced Persons

(6)
Economics

(7)
Food and Agriculture

(8)
Labor

(9)
Legal

(10)
Price Control and Rationing

(11)
Property Control

(12)
Public Communications

(13)
Public Education

(14)
Public Finance

(15)
Public Health

(16)
Public Safety

(17)
Public Transportation

(18)
Public Welfare

(19)
Public Works and Utilities

(20)
Religious Affairs

b.
Assignments. Teams are capable of assisting, supervising, or directing civilian offices performing the same or related func- tions at the level of government at which their headquarters operates. Functional teams are attached or assigned to units on the basis of organization and need, and the size of the unit and the nature of its mission determine to a large degree the employ- ment of the teams. Personnel assigned to an area headquarters unit, for instance, may be employed more generally in advisory, planning, and supervisory roles, whereas specialists assigned to groups and companies are more likely to be engaged directly in field operations. Teams are similarly composed but vary in size and in rank of personnel concerned.

c.
Flexibility. Organizational flexibility, based on requirements of the situation, is essential to all CA operations. For purposes of training and operational control the functional teams may be grouped into general categories. Separation into groups does not

AGO 6147~
necessarily reflect essential functional relationships, since each function is related to a certain extent to every other function. In the interest of operational expediency and administrative effi- ciency, the commander of the CA unit may consolidate functional teams into operating echelons on the basis of common interest, rank, or individual capabilities of personnel under his command.
d.
Command representation. Functional teams may, when au- thorized by their commander, represent him in direct contact with civilian officials of their corresponding function. All official com- munications are made in the name of the commander. The teams give technical advice and assistance as needed and evaluate the results. If the commander is authorized to exercise control over civilian officials, the teams supervise and coordinate the execution of orders and instructions issued.

e.
Military liaison. Teams maintain close liaison with military agencies having corresponding functions; for example, public safety with the provost marshal and military police, public health with the surgeon, and legal with the judge advocate.

f.
Team chiefs. The chief of each functional team directs the activities of the team members and keeps them informed as to the general mission. Through close cooperation and observation he keeps himself acquainted with the progress and problems of the unit to which his team is attached or assigned.

g.
Relationship to platoons. In order to maintain flexibility and to make full use of the capabilities of functional teams it is usually preferable to retain command of the teams at the company level, assigning team missions in support of specified platoons. If func- tional teams are attached to a platoon, it is normally preferable that team leaders not be superior in rank to the platoon com­mander. In the event a team leader is superior in rank, the com- pany commander should prescribe relationships and authority.

Section IV. PERSONNEL
37. Qualifications
Since personnel assigned to CA duties act as representatives of the United States in political, economic, and sociological aspects of military operations, extreme care in selection of personnel is essential to assure that representation is of the highest quality. It is desirable that personnel selected for CA duties be familiar with the basic principles and institutions of the United States; it is equally essential that such personnel possess and demonstrate complete loyalty and fidelity to the United States. The extent of
AGO 6147B
authority exercised by CA personnel, the far-reaching conse­quences of their routine decisions, and the lack of close supervision that is inherent in their functions necessitate that such personnel possess a high degree of integrity, judgment, initiative, ingenuity, and decisiveness.
a.
Integrity. CA personnel must possess absolute personal honor and integrity. Since they may be authorized to remove and appoint officials and to grant privileges and licenses, they are subject to various influences and temptations in the conduct of their activities. They must, therefore, act with propriety and must possess a high degree of personal dignity. Under no circum- stances should CA personnel allow themselves to become in the slightest degree compromised or indebted, socially or otherwise, to any local individual or group. Integrity must be rezdily ap- parent as well as actual in practice.

b.
Judgment. CA personnel must deal wisely with the local inhabitants, individually and collectively. They must be able to act with sound judgment and discernment in confused and un­familiar situations and be able to analyze intelligently the various elements of a complex problem, to foresee the long range effects of taking various courses of action, and to make sound recom­mendations. They must possess a mature attitude and avoid an appearance of conspicuous luxury in the midst of desolation and human want. Judgment must also include a ready comprehension that what is best in the United States is not necesszrily always best in other social, political, and economic circumstances and thzt the United States is less concerned with making over other nations in its own image than in helping countries to help themselves.

c.
Initiative. CA personnel must possess initiative. Manuals, directives, and policy decisions usually do not provide detailed instructions on the diverse types of situations which may be pre- sented. CA personnel may have to make decisions on matters of an urgent nature that cannot await referral to higher hesdquar- ters. They may, likewise, find it necessary to motivate the local inhabitants of the area into taking the initiative. When local officials are newly appointed to their positions, CA personnel must imbue them with the desire to act, whenever possible, on their own initiative in the accomplishment of desired objectives.

d.
Ingenuity. In the field of civil affairs the need for ingenuity must be specially stressed. Pressure and demands upon the civil populace may accomplish short-range goals but will seldom stimu- late long-range developments and solutions in a relatively un­familiar cultural setting. Sensitivity to local values and a creative imagination will be necessary to accomplish the CA mission. Un-

AGO 6147B 57
usual ways and means may have to be devised and often introduced in ingenious ways.
e. Decisiveness. The CA unit commander is responsible for operations of his unit. He meets his responsibilities by planning, by timely decisions and orders, and by personal supervision. Exercise of his authority must be based on a thorough understand- ing of the administrative and functional elements of his command, its capabilities and limitations, and proper methods of its employ­ment. It is important that decision responsibilities be discharged in such a way as to build confidence among CA personnel and civilians alike.
38. Assignment
a.
In assigning personnel to CA duties, it must be recognized that there is a scarcity of individuals qualified to conduct the various specialized functions. Every effort must be made to em- ploy the most technically qualified personnel at those echelons and in those positions for maximum utilization of capabilities.

b.
Consideration is also given in the assignment of personnel to such factors as age, military experience, and physical qualifica- tions. Personnel assigned to CA units or to the staffs of tactical commands employed in the combat zone should be 'physically capable of serving under combat conditions.

c.
Chiefs of G5 staff sections and their deputies assigned to the headquarters of major tactical and administrative commands should possess broad military education, experience, and back- ground. They not only should be familiar with correct staff pro- cedures and the operations of army forces in the field but should also have a thorough knowledge of the principles, doctrine, poli- cies, techniques, and procedures of the organization which con­ducts CA operations.

d.
Officers assigned as commanders and executive officers of CA units should have a thorough knowledge of military operations in the field, army administration, and specific training in CA principles, doctrine, policies, techniques, and procedures. Other unit officers, not assigned to the various functional teams, must be trained or experienced in general military subjects and in the conduct of CA operations and be qualified by military occupational specialty to perform their principal duties.

e.
Functional specialists assigned to the staffs of major tactical or administrative commands or to CA units should by reason of education, civilian occupation, or previous experience have a specific working knowledge of the specialty to which assigned and possess the appropriate military occupational specialty. All

58 AGO G147B
specialists assigned to CA duties should possess previous military training or experience. Personnel who have demonstrated out- standing competence should be assigned to high level staffs and commands in order to facilitate the furnishing of guidance and advice to other less qualified individuals assigned to subordinate elements. Personnel must have current knowledge of local condi- tions that might affect operations in their areas of specialization.
f.
Enlisted personnel assigned to special functions must possess, in addition to general military training, military or civilian ex- perience or training in the specialty to which assigned. Enlisted personnel assigned to general military duties must be qualified in the appropriate occupational specialty. Qualifications outlined in paragraph 37, apply to enlisted personnel as well as officers.

g.
For further information on personnel, see FM 41-5 and AR 350-25. Military occupational specialties for officers and warrant officers are contained in AR 611-112 and AR 611-101. Enlisted occupational specialties are contained in AR 611-201. For utiliza- tion of scientific and engineering assistants see AR 611-211.

39. Civilian Specialists
a. Civilians possessing acceptable qualifications in the various CA functional specialties may be procured in accordance with ap- plicable authorizations and policies for employment on the staffs of theater headquarters, CA area headquarters type units, or on staffs of other comparable levels of ~m~loyment
command. of foreign civilian personnel depends on the extent of allied partici- pation in the operation, the availability of United States military and civilian personnel, the level of command, and applicable policies.
b. In many oversea areas U.S. civilians living in the place, who possess a wealth of current information with respect to the area, specialized functional knowledge, and language capabilities, may be hired or temporarily transferred from another governmental agency to supplement the CA organization. Sources for these per- sonnel may be any other governmental agency which has tem- porarily suspended operations in the area because of hostilities, civilian employees of the armed services, commercial representa- tives, exchange students or professors, expatriates, or representa- tives of private or religious organizations who have the necessary qualifications. Personnel thus selected will require a certain amount of formal or on-the-job training for assignment varying with their age, education, occupation, and previous military experience.
AGO 614'iB
Section V. TRAINING
40.     General
a.
The ultimate purpose of all CA training is to prepare per- sonnel in CA assignments to carry out efficiently and expeditiously their CA missions.

b.
CA training comprises the training of individuals and units. See ATP 41-200.

c.
Trainees progressively receive individual basic combat, MOS, and CA training. In CA training, the trainees are first trained in basic subjects; then, the individuals are trained within the teams; next, the teams are merged and trained as units; finally, the units are given training tests to measure their proficiency.

41.     Continental United States
CA training is normally accomplished in the continental United States. The U.S. Army Civil Affairs School furnishes the training for individuals. Reserve units receive training as U.S. Army Re- serve units during peacetime and at CA unit training centers upon mobilization.
42.     Theater of Operations
In a theater of operations, CA units and personnel awaiting assignment receive supplementary training with emphasis on the area of operation. When it is necessary to procure additional personnel from theater forces, such personnel are normally trained in the theater of operations.
43.     Categories
CA training encompasses the following broad categories: gen- eral CA training, functional CA training, area CA training, and lznguage training.
44.     General Training
a. All Army personnel on active duty will be given a basic orientation in civil affairs matters. Instruction will be given on the following subjects:
(1)
The mission of civil affairs.

(2)
    The individual soldier's key role in civil affairs.

(3)
    Rules and conventions governing war, with emphasis on the enforcement of law, preservation of order, and the prevention of wanton destruction of civilian property, communications, records, and other items of value which are a part of the civilian economy or civilian institutions.

AGO 6147B
(4)     
Organization and functions of civil affairs staffs and units.

b.
Additional general instruction will be given to all Army offi- cers on active duty to impart a knowledge of civil affairs organi- zation and operations equivalent to that required for officers of the combat arms with respect to the organization and operations of administrative and technical services.

c.
Advanced instruction, as appropriate, will be given at the

U.S. Army War College and the U.S. Army Command and General Staff College to include the following subjects:
(1)
Comparison of systems of government.

(2)
Training     and     employment     of civil affairs units and personnel.

(3)
    Civil affairs planning.

(4)
    The combined or inter-allied aspects of civil affairs operations.

(5)
The methods of including civil affairs problems in in- structional and training exercises.

d.
Personnel assigned or selected for assignment to civil affairs staff sections or units will be given training to include the follow- ing special subjects:

(1)
History of civil affairs.

(2)
Comparison of systems of government at the national, state or provincial, and lower levels.

(3)
    National policy concerning civil affairs operations.

(4)
    Rules of land warfare and appropriate maritime law.

(5)
Civil affairs organization and functions.

(6)
    Local procurement in support of military operations.

(7)
    Logistical organization and procedures of the Armed Forces as pertains to civil affairs.

(8)
    The nature of inter-allied civil affairs operations.

(9)
(On mobilization) Area Training to include language. In this category of training, emphasis should be placed on the similarities of peoples and their institutions. Stress should be placed upon the similarities between various geographical and national areas, rather than upon their dissimilarities, such as in the outward forms of institutions, languages, or governmental structures. In addition, attention will be given to sociological consideration of the persons and institutions composing a complex modern society and of the techniques available to manipulate them for the accomplishment of the CA mission.

AGO 614713     
45. Policies
a.
Maneuvers and other training exercises will when practicable include problems requiring the participation of civil affairs units and staff sections.

b.
Instruction on civil affairs organization and operations will include principles contained in STANAG7s and SOLOG Agree- ments on these subjects (apps. XV-XX).

46. Functional CA Training
It is contemplated that functional personnel will have had prior professional or technical training appropriate to the specialty for which they are selected. Such functional personnel and teams receive additional specialized instruction and training in their various functions at appropriate Army installations and civilian institutions.
47. Area CA Training
a.
Students are trained in area study techniques to develop an understanding of the principles involved in area studies. Regard- less of the place of employment, a CA unit must be able to adjust itself, with a minimum of effort, to operate efficiently in any area.

b.
When the area in which units and personnel are to operate is known, area training is given in the history, geography, econ- omy, psychology, customs, institutions, government, and language of the area.

c.
When for political or security reasons it is not possible to train units and personnel for a specific area operation, training in the techniques of collecting and applying information is accom- plished through the study of the United States, of the areas of previous CA operations, or of fictitious areas prepared by the training authority.

48. Language Training
a.
Language specialists are trained in language training facili- ties available to the Armed Forces.

b.
Language training given to other than language specialists during the unit training program is conducted concurrently with area training for the primary purpose of providing familiariza- tion rather than fluency.

49. Enlisted Personnel
a.
All enlisted personnel must have some training in the CA principles, policies, organization, operations, and procedures.

b.
The additional training of enlisted men varies with their assignment:

62 . AGO fj147B
(1)
Administrative and service personnel are qualified by military occupation specialties acquired through attend- ance at appropriate military schools or on-the-job training.

(2)
    Enlisted specialists, selected by reason of military and civilian background and experience, are given additional training in their functional specialties at appropriate military schools and training centers.

50.      Objectives
Among the objectives of unit CA training are the following:
a.
Prepare the CA unit for the accomplishment of its assigned mission.

b.
Stress the importance of the CA activity in assisting military operations.

c.
Promote knowledge and skill in the controlling and govern- ing of the inhabitants of an occupied area.

d.
Provide a working knowledge of the drafting, promulgation, and enforcement of proclamations, laws, ordinances, and orders.

e.
Develop an understanding of the principles of area study.

f.
Develop an understanding of the factors involved in the restoration of civil government and the cessation of the CA operation.

g.
Provide practice'in coordinating procedures for the effective administration of CA functions in an occupied area.

51.     Conduct
a.
In training, emphasis is placed on the practical application of the principles and policies presented.

b.
Instruction in a subject once completed is applied, whenever possible, to other training.

c.
All instructional personnel must be qualified instructors. When required, appropriate courses in methods of instruction are provided.

52.     Standards
CA training is designed to promote knowledge and skill in in- fluencing, controlling, or governing populations. Standards for this objective require the development of a high sense of responsi- bility which is characterized not only by the attainment of exemplary deportment, manners, and morale, but also of technical branch knowledge.
AGO 614iB     
53. Supervision of Training
a.
The quality and efficiency of training is directly proportional to the amount and degree of continuous personal supervision of the unit commander and his supervisory staff. Interference with the training schedule by such activities as administrative, service, and housekeeping duties should be kept to the minimum.

b.
Records of training completed are kept timely and accurate in order that personnel may be promptly and properly accredited with such training.

c.
Observation, inspection, periodic tests, and exercises are utilized to determine the progress of training. Though modifica- tions in training schedules may be necessary, no part of the in- struction prescribed by the appropriate army training program is omitted.

AGO 6147B
 

CHAPTER 4
 

CIVIL AFFAIRS STAFF FUNCTIONS AND PROCEDURES
54. CA Staff Officer (G5)
a.
The general staff acts as a single agency in the coordination of all of the principal functions of the commander. Each general staff officer is charged with primary responsibility for assisting the chief of staff in the coordination of those activities included within a specified functional field. For functions and relationships of various general and special staff officers within a headquarters, see FM 101-5.

b.
The Assistant Chief of Staff, G5, is the principal staff assistant on matters pertaining to the civil population, its govern- ment, economy, and institutions.

c.
G5 is assigned primary general staff responsibility for preparation and execution of CA policies, plans, orders, and direc- tives, and is charged with keeping the commander and members of the staff informed on all matters of CA interest. Other general staff sections of the headquarters likewise keep the G5 informed, as appropriate, on personnel, intelligence, planning, and logistical matters. Since activities of one general staff section have a bear- ing on the activities of other sections, close mutual coordination and support are essential to the preparation of plans, policies, and programs.

55. Staff Supervision
a.
The G5 insures that CA plans, orders, letters of instruction, and other documents are received by subordinate units of agencies. He makes certain that the documents are correctly understood and, when necessary, advises on methods of imple­mentation. Close supervision is necessary to assure carrying out the intent of orders and instructions. Supervision is effected by visits and by study and analysis of special and routine reports of subordinate units. G5 staff section officers, in their inspections, determine whether policies of the commander are being followed and advise subordinate units and their staff sections on actions they should take to assure conformance with these policies. Staff supervision of civil affairs units is of particular importance to insure proper conduct and effective coordination of various func- tional specialties.

b.
Staff visits are made in the name of the commander as his designated representative. Visiting staff officers conduct them-

AGO 6147B
selves in such a manner as to promote cordial relations and cooperation with the commander and staff of subordinate units and refrain from criticism of, or interference with, the responsi- bilities of the subordinate commander.
c. Personnel of G5 sections are advisors, planners, coordinators, and supervisors. As members of the coordinating staff, they should not allow themselves to become too engrossed with the details of administration and operation. A general staff officer
(G5) has no authority to command subordinate elements of the command. He conducts staff supervision of those activities for which he has primary general staff responsibility.
d. In those CA units not possessing a staff of sufficient size to administer and coordinate unit activities the unit commander may find it advantageous to assign certain of his functional specialists additional duties as unit staff officers. This procedure is especially warranted where the unit is employed as a CA com- mand with control over subordinate units, and, under any cir- cumstance, it provides a standard and workable structure for internal administration and coordination of the functional teams.
56. Command and Staff Relationships
a.
Relationships between the G5 of a major tactical or adminis- trative command and CA units operating in the particular area are primarily dependent on whether the commander of such major echelon has the responsibility for CA operations within his area.

b.
When the commander of a major tactical or administrative command is delegated CA area authority, the commander of the unit assigned or attached to form a CA command normally should be authorized to exercise command over subordinate CA units attached to the major echelon. The commander of the CA com- mand receives his orders and instructions through command channels. His contacts on matters of plans, policies, and pro- grams are primarily with G5; however, he may also deal with G1 on matters of personnel, with G2 on intelligence, with G3 on the , organization for and conduct of tactical operations, and with G4 on the logistical support of his operations.

c.
Although contacts with the CA commands of higher or sub- ordinate major echelons niay be extensive, such contacts are normally confined to technical matters for the exchange of special- ized information, techniques, and procedures, and are always in accordance with the commander's policy on use of such channels. Prescribed command channels between higher headquarters and subordinate CA units are followed except in emergencies. In such emergencies, bypassed commanders are promptly informed of any instructions that have been issued. When the commander of a

AGO 6147~
major tactical or administrative command is not delegated CA authority, the G5 section coordinates mutual support with CA units operating in the area.
d. While the G5 has primary general staff responsibility for the coordination of matters involving military-civil relationships, this in no way subordinates the specialized interest and activities of other elements of a command, particularly certain of the special and administrative staff sections. Examples can be cited in every area of staff interest-e.g. the responsibilities of the provost marshal with respect to mtitual problems of military and civilian law and order, traffic control, and the circulation of individuals, and the responsibilities of the transportation officer in operations and allocations of the means of public transport used for the movement of military personnel, supplies, and equipment (figs. 16-27, FM 101-5).
57. Estimates of the Situation
a.
The commander's decision is influenced by the political, economic, and sociological characteristics of the area of opera­tions in addition to other considerations. A CA estimate, accord- ingly, assists the commander in reaching a decision by evaluating for him political, economic, and socioIogical conditions and weighing the effects of these conditions on differing courses of action.

b.
FM 101-5 contains detailed information on preparation of estimates of the situation and a form and example of a CA esti- mate for use as guides. The form of CA estimate described therein is particularly suited for use by the G5 of a major tactical or administrative command in selecting the actions that best support the accomplishment of the mission of the command as a whole and in determining the major CA features that must receive the commander's attention. In the analysis and compari- son of appropriate CA actions, the various functional specialties are grouped in such a manner as best to facilitate their considera- tions.

c.
Appendix I1 shows a sample form or format for a CA unit commander's estimate of the situation suitable for use by the commander of a CA area headquarters, group, or company. This guide for preparation of an estimate is a modification of the basic form contained in FM 101-5; it is a logical and orderIy examina- tion of the factors affecting the accomplishment of the mission to determine the most suitable course of action for the unit as a whole. The basic form for the commander's estimate is arranged to insure investigation of all pertinent factors. When time per- mits, a complete written estimate may be made. When time does

AGO 6147B
not permit, as is usual in smaller units, the form may be used as a checklist to insure consideration of all factors essential for a decision.
58.     Plans
a.
General. The successful accomplishment of national objec- tives in military operations in which United States Armed Forces participate depends in large part on recognition of the necessity for prior planning at the theater level for conduct of CA opera- tions. Since detailed prior planning is also essential at all echelons of command within the theater, the theater or senior United States commander must provide an overall CA plan for guidance of his subordinate commanders in order to prescribe the objectives of operations and insure continuity of policies and uniformity of their application. Authority and responsibility for CA activities during military operations should be vested in mili- tary commanders and not divided between military and civil agencies.

b.
Policzj Guidance. Since planning at all echelons of command is dependent on the receipt of adequate and timely policy guidance, each headquarters within the theater concerned with planning for CA operations must incorporate policy guidance in its plans and disseminate applicable instructions to its subordinate units. Such guidance must relate not only to ultimate objectives but also to pertinent operational phases and functional specialties.

c.
Planning Proceclu~es. Planning procedures to include the formulation of plans, coordination in the preparation of plans, assignment of planning tasks, determination of planning phases and programs, and the preparation of outline plans are fully described in FM 101-5. Planning for the conduct of CA opera- tions, which is a continuous process, consists primarily of three basic steps :

(1)
Compilation of essential information and data relative to missions and proposed actions of the commands con- cerned.

(2)
    Analysis and evaluation of assembled information to determine feasibility, capability, and method of accom­plishing the stated objectives.

(3)
    Preparation and dissemination of plans, directives, orders, and instructions necessary for subordinate units to plan for and execute the functions involved in their CA operations.

d.
Planning Considerations. At all echelons of command plan- ning considerations include, but are not limited to­

68      AGO 6147B
(1)
Manner in which CA operations may best contribute to the overall mission of the command.

(2)
    Coordination of CA operations with other operations.

(3)
    Requirements of CA operations for unit and administra- tive support.

(4)
    Capability of the command to support CA operations.

e.
Development of Theater Plan. The military force serves primarily as an instrument of national policy in the attainment of political objectives. Accordingly, the theater or senior United States commander insures that primary attention is given in the preparation of his plan to the politico-military objectives which he has been directed to attain and to limitations which may be imposed by the rules of customary international law, terms of treaty or agreement, and policy guidance received from higher authority. Preparation of the overall CA plan necessitates a determination of the precise depth of area to which the military operation will penetrate. A detailed study mu'st be made of area intelligence to include geographical and economic features; the density and composition of the population; forms and levels of government and attitudes, customs, and traditions of the people. Information on sources of area intelligence is contained in chapter 9.

f.
Content of Theater Plan. The overall theater CA plan prescribes the objectives of operations; specifies the depth and extent of the area to be cove;ed by projected operations; provides information on the anticipated phasing of the operation; assigns CA missions and furnishes guidance on the delegation of CA authority to commanders of major tactical and administrative commands ;establishes the CA organization and requirements for units, and includes direction on deployment of command and area support units. The overall plan furnishes general instructions on relationships with national or local civilian authorities and the degree of control, influence, or supervision to be utilized. Policies are set forth pertaining to conduct of the various functions and levels of government at which they will be conducted. Guidance is also included on the extent of procurement of local supplies, equipment, and services for military use, the furnishing of civilian relief and economic aid from the United States or other countries, and on other matters essential to the conduct of CA operations. When projected operations are to extend into the territories of two or more nations, variations of objectives and policies with respect to each nation necessitate clear differentiation in plans. Planning for deployment of units should stress simplicity and flexibility so that unforeseen requirements can be met readily with

minimum disruption of the planned organization. Each Theater
AGO 6147B     
CA plan involving operations in countries with which suitable civil affairs agreements have not been negotiated should include drafts of agreements which are essential to the accomplishment of the plan as a basis for agreement negotiations.
g. Implementation of Theater Plan. Since army forces have the unique capability of providing control of land areas and the popu- lation therein, implementation of CA portions of the theater plan is normally an army responsibility. The theater or senior United States commander is responsible for insuring that subordinate commanders receive the means for implementing the theater plan by insuring that qualified personnel are provided for staffs of subordinate commands, providing command and area support units for deployment at the required time and place in accordance with the overall theater plan, and insuring the timely issuance of the theater plan.
59. Orders
a.
The CA plan is put into effect by issuance of appropriate orders and instructions. The five-paragraph form of operation plan or order prescribed in FM 101-5 is particularly suitable as a guide in the preparation of the CA annex to the operational or administrative orders of a major tactical or administrative com- mand. Since the preparation and issuance of an operation order is the staff responsibility of G3, other staff officers concerned, including G5, furnish G3 with drafts of paragraphs or annexes pertaining to their activities for inclusion in the resulting order. As the preparation and issuance of an administrative order is the responsibility of G4, G5 submits to G4 paragraph 5 and other related subparagraphs and annexes pertaining to CA functions for inclusion in the complete order.

b.
Determination of whether CA instructions are to be included in the operation or administrative order, or both, and the manner of their inclusion is normally made by the chief of staff. This determination is based on type and level of the command con­cerned, nature of the operation, and necessity for direction of subordinate elements on such matters as objectives, delegation of CA authority, deployment of CA units, and policy guidance per- taining to the various CA functional specialties.

c.
In continuing situations, CA instructions previously issued in orders may be included in standing operating procedures with additional instructions issued in fragmentary form.

d.
Since annexes to operation and administrative orders are authenticated by the general staff officer having primary responsi- bility in the field of the annex, G5 authenticates annexes, appen- dixes, tabs, and inclosures pertaining primarily to CA activities.

70 AGO G147B
e.
CA units publish their instructions in appropriate orders.

f.
Form and example of a CA annex are shown as appendixes I11 and IV.

60. Standing Operating Procedures
a.
The purpose, scope, and form of standing operating proce- dures (SOP) are set forth in FM 101-5. In general, standing operating procedures prescribe routine methods. Their prepara- tion or development frequently requires prior operational experi- ence. Standing operating procedures should not repeat matters already specifically covered in field manuals. They are intended to simplify orders, assist training, promote understanding and teamwork, and make operations more effective.

b.
The standing operating procedures of a major tactical or administrative command may be supplemented by staff section standing operating procedures and may include references thereto. Standing operating procedures may be prepared to govern pro- cedures used by assigned or attached CA units or by subordinate commands. Standing operating procedures of a division or higher echelon may contain a CA paragraph or separate annex. An annex should not repeat matters otherwise covered in the standing operating procedures but may include reference thereto.

c.
Standing operating procedures applicable to CA operations may include a statement of application ; appropriate instructions pertaining to the delegation of CA area authority; assignment or attachment of units; sources of area intelligence; procedures for area surveys; measures for handling suspected personnel and documents of intelligence value; establishment of civilian check- points; measures and procedures on conduct of the various func- tional specialties; handling and issue of civilian supplies; per- sonnel matters not otherwise covered in standing operating pro- cedures of the command concerned; instructions pertaining to the location of command posts ;establishment of liaison ;responsi­bility for communications, and submission of reports.

d.
The form shown in appendix VI may be used as a guide.

61. Handbooks
a. CA handbooks may be published by the theater headquarters or, in combined operations, by the senior allied headquarters to serve as a basis for the training of personnel assigned to CA duties and to provide information and guidance on applicable policy directives for the use of all concerned with the planning for and conduct of CA operations. Due to variations in objectives and
AGO 6147B
policies, it is normally desirable to provide separate handbooks for each country in which CA operations are to be conducted. Hand- books of a general nature setting forth basic policies pertaining to the general organization and conduct of CA operations and containing basic documents such as initial proclamations, laws, and ordinances, or the provisions of civil affairs and other agree- ments, as applicable to the situation, are of particular value to non-specialist officers. Such handbooks may be supplemented with other technical handbooks containing detailed procedural guidance on the various functional specialties primarily for the use of specialist personnel. Although handbooks must include sufficient information on the political, sociological, and economic structure of the area of concern to permit an understanding of the actions which are to be taken, they do not constitute a primary source of area intelligence.
b. A handbook for commanders of units other than CA units may be published by the theater headquarters or, in combined operations, by the senior allied headquarters for each country in which operations are to be conducted to furnish general informa- tion and guidance which will be of assistance to tactical or admin- istrative unit commanders in the conduct of their relations with the inhabitants of the area. Such handbooks should be prepared in the form of ready reference guides and may contain informa- tion on the historical background and social and economic develop- ment of the country ; governmental structure at national, provin- cial, and local levels; organization of political parties; police, security, and legal systems; banking and monetary systems; civil service system; treatment of civilians ;establishment of courts, as appropriate; anticipated problems of a unit commander in the area, and measures for the protection of United States and allied elements of the military force. Handbooks for tactical or adminis- trative unit commanders provide only limited assistance to CA unit commanders, since the latter require information and guid- ance of a more detailed and comprehensive nature.
62. Reports
a. The periodic CA report is valuable to commanders and staffs for providing an accurate picture of the situation at regular inter– vals. .It furnishes information relating to areas of jurisdictiol,, locations of units, results of operations, area and political intelli- gence, actions taken, outstanding problems pertaining to the various functional specialties, and special recommendations and requests for actions necessary to accomplish objectives. When the periodic report is prepared by divisions and higher echelons, portions of the report included in the periodic intelligence, per-
72 AGO 6117B
sonnel, and logistics reports of the command may be summarized or deleted to prevent repetition.
b. A specific form for the periodic CA report is not required by regulations. The headquarters requiring the report prescribes the form, content, and frequency of submission. Regardless of the format, clarity and accuracy must be carefully considered in prep-
'aration of the report to prevent misunderstanding or misinter- pretation and to insure reliability. Annexes consisting of maps, overlays, and other data, should be used whenever practicable to shorten the body of the report.
c. The format and example of a periodic CA report provided in appendix XXI and in FM 101-5 may be used as guides.
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CHAPTER 5
 
THE ARMY IN THE COMMUNITY
 
63. Military-Civil Relations
a.
Introducing a military unit or installation into a civilian community, either on foreign or domestic soil, has a social, economic, and often political impact on civilians in the area. From the standpoint of both civilian and military personnel, plus and minus values develop from the relationship. Civilians who cater to supporting the military unit in goods and services profit eco- nomically, but dislocations and a high friction potential are inher- ent in the relationship. Competition develops for real estate, goods, labor, and other area resources. Civilian facilities may be crowded by military personnel ;there is an increase in traffic con- gestion; prostitutes, gamblers, and purveyors of alcoholic bever- ages gravitate to the vicinity of military installations, offending citizens and creating new problems of discipline, control, security, and troop welfare. Military forces in cantonments occupy ground which may have been previously in civilian possession, and in maneuvers and training they destroy or damage crops, livestock, forests; fencing, roadways, and other civilian facilities and pos- sessions.

b.
It is important that the commander inculcates in his per- sonnel a sense of civic responsibility and, simultaneously, attempts to develop new reserves of civilian good will. The extent of par- ticipation in the affairs of the civilian community is as diverse as the varied situations of locale, mission, and political climate. When civil administrative machinery is rendered incapable of functioning, the commander may have complete responsibility for administering the affairs of a normal civilian jurisdiction. In the United States and its possessions or in a friendly foreign country he may command a unit or an installation where he not only encounters almost complete jurisdictional limitations outside the physical bounds of his installation, but, also to some degree, shares internal jurisdiction with constituted civilian authorities.

64. Programming Relationships
a. Contacts between military personnel and civilians run the gamut from individual, person-to-person relationships, informal and by chance in nature, through multiple degrees of official guid- ance. In some cases the individual relationships are given some pattern and direction through loosely organized programs where
74 AGO 6147B
successful achievements are geared to a large extent to individual initiative and voluntary effort. Married military personnel, because of common interests, housing, and facilities, often tend to isolate themselves to a considerable degree from the civilian popu- lation, and the civilians are more exposed to, and formulate their opinions of a military unit from younger soldiers who seek recrea- tion away from their installation during off-duty hours.
b. To promote better understanding and warmer military-civil relationships, various programs are used to encourage more inti- mate contacts between military units, personnel, their families, and civilians. Discussion of military-civil relationships in cold war and during hostilities will be treated in greater detail in chap- ters 6 and 7, respectively, but following are some of the programs, projects, and activities in which military units may participate in CONUS or overseas during peace or war:
(1)
Information activities. Normally the Information officer is charged with developing a good public image of the Army by information activities which tend to place the Army in a favorable light and insuring fair and impar- tial news coverage. Normally the Army has no censor- ship over media of public expression in the U.S., its possessions, or in friendly foreign countries, therefore cooperation obtained often reflects cooperation extended.

(2)
    Open houses, exhibits, and demonstrations. Within limi- tations imposed by security and operational considera- tions, good will and community understanding are stimu- lated by opening military facilities to visitors, showing informative and educational exhibits, and giving demon- strations which simultaneously provide entertainment and emphasize the posture of U.S. military strength. An extension of the same general program can be conducted in the civilian community by participation in parades, providing concerts by military bands, demonstrations by drill teams at public functions, and furnishing speakers for appearances before selected opinion-influencing groups.

(3)
    Participation in athletic leagues OY events. Joint mili- tary-civilian participation in athletic contests or leagues, if properly handled, can engender good will, but undue partisanship will destroy any advantages accrued.

(4)
    Orientation of personnel going abroad. Orientation pro- grams vary in scope from passing out circulars contain- ing helpful hints and short orientation lectures to more sophisticated orientation programs such as the instruc-

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tion given at the Military Assistance Institute for per- sonnel assigned to MAAGs and missions. The institute provides concentrated briefings on the area and country to be visited, supplemented by kits of material for indi- vidual reference and study. In many cases, further orientation of personnel is conducted on the ground during the first days after arrival in a foreign country.
(5)
Joint civil programs. Military participation in such pro- grams as support for orphanages or similar indigent groups, cooperation in the sponsorship of youth organi- zations, and fund drives develops warmth and approba- tion. In general, it can be said that making personnel, facilities, and equipment available in programs of general or specific welfare within limitations imposed by capa- bilities and policy directives promotes friendly attitudes proportionate to efforts expended.

(6)
    Counterpart cooperation. Many general and special staff officers in military units, including CA functional special- ists, have counterparts in the civilian community. Close liaison and cooperation in programs of mutual interest to military and civilian agencies are advantageous to both. Where a G5 is assigned to the military unit these relationships should be coordinated through his office; otherwise civil affairs considerations should be focalized through one office, that of the commander himself or of his chief of staff or executive.

(7)
Armed forces disciplinary control boards. Armed Forces Disciplinary Control Boards are established under AR 600-10 with membership normally composed of the sur- geons and provost marshals from military installations in a designated area. In meeting with invited civilian representatives from nearby communities they make a major contribution toward improving the health and moral climate of the civilian community in the vicinity of the military installation to the advantage of both military personnel and the community.

(8)
U.S. Information service program. The USIS, operating under direction of the American Embassy and conduct- ing a broad program of information, cultural, and edu- cational services for the population of a foreign country, usually will have an activity located in the vicinity of

large U.S. military installations. Where such activities are located in the vicinity of a military headquarters, the military units normally have representation on plan-
76      AGO 6147B
ning committees for liaison purposes and to provide support from the military for the USIS program.
(9)
    Bi-national associations. In most areas there are organi- zations, associations, or committees with joint military and civilian membership, some of which are organized primarily to improve relationships. Meetings may be held in which mutual problems are discussed, and sup- port for various charitable, patriotic, cultural, educa- tional, and recreational programs, events, and facilities may be made matters of joint sponsorship.

(10)
    Unit and individual projects. Individual military units may organize a program of support for some orphanage, school, hospital, or similar facility on a continuing basis or in connection with specific events or holiday periods. Individual personnel may be encouraged to accept invi- tations to visit with local families. and to reciprocate with invitations to meals in unit messes on special occasions. Military equipment and volunteer manpower may be used to assist civilian communities in the de- velopment of playgrounds, athletic fields, or other com- munity facilities. Families may be encouraged to accept children guests in their homes for extended periods particularly during summer school vacation. Many mili- tary personnel and members of their families are well qualified to lend assistance with local education programs in English and in other subjects. Assistance with local USIS programs and other educational and social welfare activities is one of the most important individual means of building good will in lands where people are still thirsting for knowledge and where social needs are fre- quently great.

65.     Advisory Councils
Aside from civil affair units, the apparatus by which military- civil relationships are conducted differs from command to com- mand. Frequently community relations organizations are estab- lished which may include as members the commander, selected members of his staff, and representatives from national or re- gional (depending on the locale) governmental and civic organi- zations (see AR 360-55). These committees, which may be set up either in CONUS or oversea areas, can serve any or all of the following purposes:
a.
Medium of official liaison.

b.
Action agency for joint programs.

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c.
Sounding board for official and unofficial civilian and military reactions to specific incidents and conditions.

d.
Agency through which diverse requirements and counter- requirements can be weighed and compromised.

e.
Policy group for the allocation of aid and assistance.

66. Joint Commissions and Committees
To achieve essential coordination in the resolution of mutual problems and the drafting of status of forces and similar agree- ments when U.S. forces are stationed in oversea areas, Civil Affairs Commissions may be established. The commission mem- bership should include the senior civil affairs officer of the com- mand, representation from the embassy and other U.S. organiza- tions, and central government level official(s) of the host country. The same organization can be expanded in scope by the formation of regional committees with comparable local level representation. Additionally, closer cooperation and unity of purpose can be ob- tained between G5 and embassies by the establishment of a liaison office or offices.
67. Cold War Activities
In the interest of promoting security, political stability, and economic development of other nations the United States since World War I1 has been committed to an extensive program of foreign military and economic aid. These programs have neces- sitated the stationing of U.S. troops on the soil of other sovereign powers under the authority of negotiated bilateral and multilateral agreements either as security forces or to provide training assist- ance for foreign military units. The terms of agreements involved and the scope of missions assigned are diverse, but, in every instance, U.S. commanders and their personnel have significant capabilities for furthering U.S. foreign policy and fostering deep- er appreciation in host countries for the essentiality of mutual military-civil understanding, cooperation, and support. Within the limitations of primary mission, funding, terms of assignment agreement, and national policy, U.S. military units possess equip- ment, facilities, supplies, technologically qualified individuals, and labor resources which provide a direct capability for improving the image of the United States among people in the locale of their assignment. Personnel in the units and their dependents, as indi- viduals, have an even greater potential for favorable influence by their personal conduct, courtesy, and attitude of friendly coopera-
tion toward citizens of the host country. Except in those cases where relatively large security forces are involved, however, the greatest contribution which can be made by U.S. military
78 AGO 6147B
organizations abroad is in the nature of guidance, advice, and planning assistance for numerically superior host country forces in the promotions of military-civil rapport. Results will be mea- sured in strengthened economic and political bases, divorcenlent of the general population from dissident elements, and reduction in underprivilege and tension. Chapter 6 contains more detailed discussion of army cold war activities.
68. Disaster Relief
Nature on the rampage can promote destruction and suffering comparable to the ravages of war. Floods, earthquakes, storms, and tidal waves on a large scale produce devastation, dislocation, and untold human misery. At the same time the sophisticated in- dustrial and transportation equipment of modern civilization in- volves hazardous by-products of explosions, fires, and other accidental destruction. Military units with their disciplined man- power, technical experts, emergency equipment, stockpiled supplies, and transportation and communication capabilities normally receive first call for disaster relief missions. Operations vary with the locale and nature of the emergency. In the initial phases, certainly, there will be rescue operations, distribution of relief supplies, care for the injured, burial of the dead, prevention of the spread of disease, preclusion of looting, control of traffic, and restriction on the circulation of individuals. The situation and the terms of any agreement entered upon may involve control measures, some degree of civil administration, or important con- siderations of liaison and coordination when relief forces are international in character or involve several U.S. agencies. Dis­aster relief teams usually are composite organizations consisting primarily of technical service personnel, while civil affairs units possess specialists with training and skills appropriate and adaptable to provide either staff planning and direction or operat- ing elements. (See Public Law 875, as amended, and AR 500-60.)
69. Civil Defense
a. The U.S. homeland, except for one aerial attack on Hawaii during World War 11, has been largely inviolate from external threat for a century and a half. Modern day missilry, rocket bearing submarines, and high performance aircraft have neu­tralized the invulnerability of distance, and today continental United States is geographically only minutes away from the danger of hostile operations with incomprehensibly destructive weapons. Nuclear bombs and rocket warheads have the capability of destroying the largest cities and contaminating thousands of
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square miles of contiguous area with lethal, radiological fallout. New developments in chemical and biological warfare can spread death and lingering pollution. Civilians, civilian agencies, facili- ties, and resources are potential targets in any future conflict.
b.
All military units of the regular and reserve establishment are charged with planning and training for a possible civil defense mission and have been assigned zones of responsibility for em- ployment. Any military organization with its disciplined man­power, equipment and capability for quick reaction toward emergency can be usefully employed in civil defense operations, but of particular value, because of special skills and equipment, are civil affairs, military police, and all of the technical service troops. Reserve forces, because of their wide dispersal, have exceptional possibilities for employment in civil defense support, and, because active forces will likely be preoccupied with immedi- ate active defense and retaliation, the reserve structure may carry primary responsibility for passive defense, recovery operations, and reconstitution of civilian processes and administration.

c.
Civil Affairs units represent the only organizations in the military establishment which have planning, operational, and ad- visory capacities in most, if not all, aspects of civil defense. The functional structure of civil affairs organizations covering such important activities as safety, health, communications, transporta- tion, utilities, refugee handling, and governmental administration not only provides operational support capabilities but the organi- zation and ability to administer required military control pending the reestablishment of any segments of government rendered temporarily impotent by attack. The character and degree of military participation in affairs normally reserved to the civilian population will be a matter for decision on the highest govern- mental level and will be based on an assessment of considerations of both national survival and the preservation or reinstitution of civil democratic government. Following the initial chaos and dis- ruption involved in a massive attack, civilian lawyers, bankers, doctors, engineers, industrialists, educators, administrators, and all the other rank and file of the civilian economic socio-political apparatus will return from shelters and evacuation areas. They will possess a far more extensive aggregate capability for re­construction and reconstitution than military agencies, but civil affairs units have greater initial cohesion and discipline, can implement emergency controls, and can act as the nucleus force upon which civilian institutions may be reestablished.

d.
As a corollary to civil defense commitments, agencies of the regular military establishment should review passive defense plans and programs with a view toward placing more emphasis

80 AGO 6147B
on shelters and less on evacuation to escape anticipated fallout patterns. Where fallout is the primary planning criteria, there would be less military casualties, a higher commitment potential, and an immediate framework for mobilization if active units re­mained in place with their facilities, equipment, and supplies. Aside from the tactical advantages of adequate defensive meas- ures, a program of shelter construction within the military establishment would provide a psychological stimulus for family and institutional shelters in the civilian community. Costing for a program of this nature could be held within modest bounds, since most installations possess ample supplies of timber, earth, tools, engineering skills, and manpower. Commitments of per­sonnel to construction projects could be charged to physical fitness and important training for passive defense.
e. For more detailed information on civil defense see Public Law 920, AR 500-70, and FM 20-10. Civil defense in oversea areas is covered in section IV, chapter 7.
70. Martial Law
a.
Among the domestic emergency situations that may, depend- ing on the necessities of the case, justify recourse to a regime of martial law are flood, earthquake, windstorm, tidal wave, fire, epidemic, riot, civil unrest, or other extraordinary circumstances beyond the control capability of normal governmental officials. In such circumstances, a military commander may, on instructions from higher authority, or on his own initiative, if the circum- stances do not admit of delay, take such action necessary to main- tain law and order and assure the performance of essential governmental services. As government in the United States is a civil responsibility, the degree of military intrusion into the field of government, and correspondingly, the scope of military au­thority, is circumscribed by the necessities of the case. Civil and military officials in foreign states have similar powers with the extent of authority varying from country-to-country and regime- to-regime.

b.
Although, in the U.S., no declaration of martial law is necessary, it is customary for the President, the governor of a state or territory, comparable officials of other political subdivi- sions, or the military commander in question, to publish a Proclamation informing the people of the nature of the emergency and the powers which the military authorities feel justified in assuming. Such proclamation by itself confers no authority on the military commander. It does serve, however, to define the area of military control and the specific governmental functions and responsibilities to be exercised by the military authorities.

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c. As martial law is a temporary, extraordinary regime, great care must be taken in drafting proclamations, orders, instruc- tions, regulations, or any other martial law directives, lest such pronouncements assert more authority than is justified under the circumstances, fail to particularize the powers to be exercised, or have the effect of perpetuating the emergency or enlarging its scope. For more detailed information concerning martial law,
(see DA Pam 27-11), Lectures on Martial Law (1960), FNI 19-15, and AR 500-50. To the extent that they are applicable to domestic emergencies the control techniques outlined in chapter 8 may be utilized.
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CHAPTER 6
 
CIVIL AFFAIRS COLD WAR OPERATIONS
 
Section I. GENERAL
71. Definitions
a.
Cold War. The term cold war has been variously defined (par. 2k). Most of the definitions interpret cold war as involving the use of political, economic, technological, sociological, and military measures, short of armed conflict between regular forces, by which one nation seeks to gain an advantage over another. More simply, cold war in essence covers all aspects of the struggle between the Communist bloc and the free nations other than active hostilities between regular forces.

b.
Civic Action. Civic action, an aspect of civil affairs, is any function performed by military forces in cooperation with civil authorities, agencies, or groups through the use of military man- power and material resources for the socio-economic well-being and improvement of the civil community with a goal of building or reinforcing mutual respect and fellowship between the civil and military communities.

c.
Irregular. Irregular is a term applied to all types of non-conventional forces, persons, organizations, operations, and methods, including guerrilla, partisan, insurgent, subversive, resistance, terrorist, and revolutionary. Irregular activities in- clude acts of a military, political, psychological, and economic nature, conducted predominantly by inhabitants of a nation for the purpose of eliminating or weakening the authority of the local government or an occupying power.

72. Mutual Security
a. Purpose. The purpose of the mutual security program is to help develop and strengthen the nations of the free world in a common effort to maintain peace and achieve progress. The mutual security program is a major instrument of United States foreign policy. It reflects the fundamental fact that the security and prosperity of this nation cannot be separated from that of other nations. The United States Congress recognized this fact when it passed the Economic Cooperation Act of 1948. During the intervening period this ,country has worked through the normal channels of diplomacy and through international con-
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ferences of many kinds to reach solutions of new problems, thus increasing international responsibilities of the United States. A series of treaties of friendship, commerce, and navigation have been negotiated. A program of investment guaranties and special tax measures with respect to oversea profit has encouraged United States investments in foreign economies. Participation in the General Agreement on Tariffs and Trade (GATT), the Inter- national Bank for Reconstruction and Development, the Export- Import Bank, and the Development Loan Fund has sponsored trade and industry in many lands.
b.
Military Assistance. A major part of the United States mutual security program is military assistance. To deter general or local war, the United States has military alliances with a large number of the nations of the free world-bilateral treaties with a few and multilateral agreements with others through NATO, SEATO, the Rio Treaty, and ANZUS. In addition, the United States works with committees of CENTO. The Military Assist- ance Program (MAP) may be divided into two broad areas, materiel and training. The system of defensive alliances, coupled with MAP has built up a total strength which is several times larger than the United States armed forces. If the United States had to supply an equivalent amount of manpower and armament, the drain on American resources would be enormously increased.

c.
Training. The training program provides the following specific types of CA assistance to foreign military forces sup- ported by MAP on either a grant aid or military sales basis, or both.

(1)
    U.S. Schools and facilities. All U.S. Army schools and units include instruction in civil affairs (see AR 350-25) ; the U.S. Army Civil Affairs School presents courses to both American and allied students.

(2)
Mobile training teams. Mobile training teams are com- posed of U.S. military or civilian personnel on temporary duty in a foreign country to provide instruction to cadres of that country. Civil affairs teams may hc designed to emphasize one of the following: Academic Instruction, Civic Action (see pars. 79-84), Civil Defense (see pars. 69 and 106-107), Survey of Country, and Survey of Military Force.

(3)
    Technical representatives. Technical representatives are provided to assist recipient countries as advisors on the operation and maintenance of specific items of equip­ment. While such persons are used more in other activi- ties, they are not unknown in civil affairs. For example,

84      AGO 6147B
equipment used in language instruction and in mass communications often requires the services of technical representatives.
(4)     Missions and groups. This part of the program which provides for personnel assigned to MAP is very im­portant and is discussed in paragraph 77.
73.     Nationalism
Especially vulnerable to encroachment by the international Communist conspiracy are the underdeveloped countries. The forces of nationalism are gaining momentum as is the concurrent drive to modernization, wherein national interest and individual interests are torn between commitment to the old and familiar way of life and the attractions of a modern way of life. United States policy is dedicated to assuring that new nations are able to go forward in independence, with increasing degrees of human freedom and greater political and economic stability within the sociological fabric of cultural heritage and aspirations peculiar to each political sovereignty or coalition. To this end, economic aid, technical assistance, and military assistance programs are negotiated and implemented.
74.      Civil Affairs Organization
a.
Cold war operations of the civil affairs organization develop good working relationships between U.S. military forces and the local population as well as between host military forces and their own people. Individual civil affairs functional specialists and teams are available for assignment to assist in the development and implementation of a definite program for the conduct of relationships with the people, both as individuals and as members of the community. Fostering satisfactory military-civil relation- ships in a country is an effective means of utilizing military capabilities in fighting and winning the cold war. Civil affairs personnel dedicate themselves to techniques which will achieve this purpose. Proper attitudes, programs, and methods of opera- tions of military forces which provide for the rights and welfare of the population not only generate confidence and'cooperation on the part of the population but also have the effect of bringing together the military and the people into an effective composite working team. To accomplish this, civil affairs personnel must analyze and solve problems deriving from the political impact of military forces in the area; the use by military forces of local areas, facilities, goods, and manpower; the application of local laws and customs to the military forces, and the social relations between military forces and civilians.

b.
Planning for civil affairs cold war operations is comparable to other civil affairs plans in that policies and objectives must be clearly defined to provide operational guidance and instructions to the military commander. Provisions should be made for a draft civil affairs agreement which considers the political as well as the military aspects of the planned operation. Thus, as the need for such an agreement arises, it can be negotiated without delay with such modifications as may be required. Also provided in plans are procedures for procurement and training of civil affairs personnel to support operations. When U.S. diplomatic representatives are present and functioning in a country, an executive order delineates the authority and responsibilities of the commander and the diplomatic representatives, respectively.

75. Other U.S. Military Units
U.S. military units, wherever they are stationed and particularly in foreign areas, have a dual capability of participating in civic action projects and assisting host country military personnel with planning, technical assistance, and available resources in the development of their civic action ventures. Technical service units, in view of their equipment and training, are especially adaptable to performing many civic action type functions, but all elements of the army have capabilities for assistance in the form of labor, subsidiary skills, and loans or donations of equipment and supplies. Similarly, indvidual contributions of funds, sup-' plies, and effort cumu!atively may total impressive assistance. To the extent that the U.S. through its representatives abroad, both individuals and organizations, wins the trust, confidence, and gratitude of foreign peoples it will have contributed to the con- struction of another bastion of defense in the cold war. Personal friendships, individual and collective, strengthen diplomatic, economic, and military alliances ; provide sources of intelligence, and facilitate accomplishment of primary missions.
76. Country Teams
In every foreign country where U.S. troops are stationed, other governmental departments and bureaus, international agencies, church groups, and private institutions may be working toward common ends in at least some aspects of providing assistance and stimulating development in the host country. The number of U.S. government agencies alone is impressive, and close cooperation and cordial liaison are essential if optimum results are to be achieved. Coordination, not only on the policy but also at operating levels, will reduce costs, prevent duplication of effort,
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lessen the friction potential, and increase tangible results. Gen- erally in peacetime the ambassador is the coordinating authority for civil assistance programs. Country Teams are often established consisting of representatives of various national agencies, includ- ing the Chief of MAAG or Mission or senior military commander as the Department of Defense member, and with the Ambassador functioning as head of the team. In all of these civil and military relationships a CA officer and, in major operations, CA units are equipped to furnish essential liaison, develop plans, and provide functional aid and guidance.
77. MAAGs and Missions
a.
Military personnel, and their families, assigned to Military Assistance Advisory Groups and similar missions in countries of the free world have significant capabilities, disproportionate to the relatively small size of units concerned, to promote under- standing, cooperation, and kinship not only between their own personnel and the civilian population but also (through example, demonstration, and guidance) between the military forces and civilians of the host country. In many countries there is an unsatiated demand for education and development in various voca- tional and technical skills, and in every military unit and their associated families there are untapped reservoirs of knowledge and skills which can be channeled through voluntary efforts into programs of education and assistance. The very nature of the advisor's role-his daily and intimate contacts with host unit personnel, participating in their daily activities, sharing in their ceremonies, bringing them a better understanding of the United States, and showing a sincere interest in their language, culture, and welfare-goes far toward building bonds of mutual respect and loyalty.

b.
Much of the effectiveness obtained from individual and informal efforts of personnel in missions and advisory groups stems from their spontaneity, but no program can attain maxi- mum results without some degree of fixed responsibility within a unit. To that end, a section, even if it involves only one officer, should be established to coordinate military-civil relationships in each military unit, and assist in the development of similar pro- grams in the military forces of host countries. No less important than providing instruction in training procedures, the techniques of warfare, and the handling of military equipment is the con- current requirement for promoting an awareness in the host country forces of the necessity for military-civilian affinity and furnishing procedural guidance directed toward securing better relationships.

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78. Limited Actions
a.
The interplay of power politics, mutual security pacts, inter- national organization commitments, and considerations of national security may produce a situation at any time in which U.S. Army Forces will be committed under limited circumstances as to area, mission, type of operation, or weapons used. These actions may be variously categorized as police action, intervention, show of force, truce enforcement, retaliation, mutual assistance, preventive action, protective custody, blockades, or any of a number of other designations. Troops will be committed to active operations, including possible combat, within the bounds of whatever restric- tive policies may be in force, and the ever-present military-civilian relationships will be an important and continuing consideration for commanders concerned.

b.
Prior to commitment, in every case practicable, commanders engaged in operations of this nature should endeavor to obtain a signed agreement with host governments covering relationships between military forces and the civilian authorities and popula- tion. These agreements are normally negotiated at national gov- ernmental level, but where long-range agreements have not been reached prior to commitment or in any circumstance where iriitial agreement details are left to commanders, draft agreements covering command requirements should be prepared in advance as a recommended basis of negotiation. Expeditious concord in writing will go far toward preventing operational handicaps, pro- viding a basis for troop education and orientation and fixing positions of host governments in areas of possible friction. Regard- less of whether a government-to-government agreement has been reached, it is mandatory that commanders develop necessary func- tional working arrangements to establish coordination and har- mony between military forces and local governments.

Section II. CIVIC ACTION
79. Civic Action-General
a. Current U.S. military assistance legislation and directives provide that military assistance programs should encourage the use of local military and paramilitary forces in developing coun- tries on projects helpful to economic and social development, pro- vided such activities do not detract from capabilities to perform primary military missions. Military Assistance Advisory Groups (MAAG) or Military Missions assure that host military forces realize the importance of good military civil relationships.
88 AGO 6147B
b.
Contributions in facilities and services of military units can often meet the needs of a community or province in ways beyond the capabilities of the civilians and their authorities to supply. Military forces oftep possess better resources of manpower and material, organization, and communications, than do local civil- ians. Military participation in public projects with the civilians not only contributes materially toward socio-politico-economic progress in the area but builds up cumulative civilian good will for the military unit.

c.
By strengthening the socio-economic posture of the country, the military forces are able to reduce sources of civilian discontent and add materially to political stability. Even more highly developed areas provide a potential for military programs of joint military-civilian benefit especially in time of war or disaster when destruction has disrupted normal administration and activities. In some cases civic action may be a well-developed program involv- ing an established organization and careful planning.

80.     Civic Action Projects
The civic action program by the military forces of a nation can encompass everything from an individual imparting his par- ticular technical skill to another in order to help him solve a problem or better his condition, to the organization and function- ing of a duly authorized quasi-military organization for opening up and settling remote areas by providing security and aid in developing living needs. Care must be exercised not to impair the military effectiveness of participating units and that the projects should complement those of other U.S. agencies, such as the Agency for International Development (AID). Examples of civic action projects and objectives are listed below together with the type military individuals or units which might assist. These are to be considered representative and not all-inclusive.
a. Agriculture and Natural Resources.
(1)
Increase or improve production of animals, grain, or vegetable food products-individuals with farming experience, unit transportation, veterinary personnel.

(2)
    Insect and rodent control-troops or units with land or aerial spraying devices, medical, veterinary, and certain chemical warfare personnel.

(3)
    Transportation of agricultural produce, seeds and fer- tilizers-units with transport facilities.

(4)
    Construction of simple irrigation and drainage systems

(5)     
Clearing areas-units with equipment or tools or labor potential.

(6)
    Grading operations-engineer units.

(7)
    Forestry activities such as planting, thinning, and har- vesting-troop units with labor potential.

(8)
    Setting up and operating saw mills-engineer units.

(9)
    Devising and constructing flood controls–engineer units and troop labor.

(10)
    Reclamation of land and draining of swamps-troop labor units.

(11)
Harvesting of crops-all troop units.

-units  with equipment or tools, engineer units, or troop  
labor.  
AGO 6147B  89  

b. Industry and Communication.
(1)
    Assessment and development of acceptable sand and gravel resources for road work and general construction –engineer units.

(2)
    Installation, operation, and maintenance of telephone, telegraph, and radio systems-signal units.

(3)
    Construction of housing and buildings–engineers for designing and supervising, troop units for construction.

(4)
    Setting up and operating emergency communication centers, especially in times of disaster-signal units par- ticularly and any unit with communications equipment and personnel generally.

c. Transportation.
(1)
    Construct, repair, or improve roads and bridges-engi- neer- and troop units with labor or trucks available.

(2)
    Construct, repair or improve railway equipment-trans- portation, ordnance, and engineer units, and troop units with labor available.

(3)
    Construct, repair, or improve inland waterways, wharves, and harbors-engineer, transportation, and Navy units.

(4)
    Construct, repair, improve, or operate airfields-Air Force, transportation, engineer, army aviation, and troop units with labor available.

(5)
    Removal of individuals from disaster areas-all units with land, sea, or air transportation facilities and a capability for controlling circulation of individuals.

d. Health and Sanitation.
(1)
    Improve sanitary standards-medical and engineer units.

(2)
    Set up and operate dispensary units for outpatient treat- ment or to give first aid-medical units.

(3)
    Devise acceptable methods of disposing of human waste-medical units and engineer units.

(4)     
Provide safe water supply systems-engineer units, medical units, and troop labor.

(5)
    Eradicate malaria and other insect-transmitted diseases -medical units and troop labor.

(6)
    Teach sanitation, personal hygiene, and first aid-medical units and military units that train and operate under field conditions.

e.
Education.

(1)