Ops Law
Operation Law Unit 1-3
Operation Law Unit 1-3
-
- 1 / 102
-
Flashcards
What is the purpose of the Legel Support to Operations (Air Force Doctrine Document 1-04)?
Focuses on fundamental principles, organization of legal support, and conduct of legal support operations by JAG Corps personnel.
What is chapter one of the Legal Support to Operations (Air Force Doctrine Document)?
Chapter one of the Legal Support to Operations is Command Fundamentals. This chapter lays out what command responsibilities are, what command means, legal responsibilities of command, and what the mission is.
What is Chapter two of the Legal Support to Operations (Air Force Doctrine Document)?
Chapter two of the Legal Support to Operations is the Command and Organization of the JAG Corps. Capter two provides a generic description of the TJAG and other roles such as the SJA, AFLOA, and field support centers. Chapter two also discusses the SJA - attorneys-paralegals- responsibilities to support Commanders.
What is chapter three of the Legal Support to Operations (Air Force Docrtine Document)?
Chapter three of the Legal Support to Operations is the JAG Corp support to Operations.
What is JAG Corp support to Operations?
-Air Warfare
-Ops in Irregular Warfare
-Cyberspace Ops
-Air Mobility
-Space Ops
-Homeland Ops
-Information Ops
What is Command and Control according to the Air Force Doctrine Document?
- Command is the lawful authority of the commander derived fromthe Constitutionand fromstatutes enacted by Congress.
-Control is the regulation of forces and functions to accomplish the missionin accordance with the Commander's intent.
What is expeditionary legal support according to the Air Force Doctrine Document?
Expeditionary legal support includes the services provided to support forward-deployed forces. Expeditionary legal support consists of the personnel and equipment available to satisfy expeditonary requirements.
Expedtionary legal support includeslegal services provided throgh reachback. What does reachback require?
Reachback requires that home station resources be prepared and available to support forward-deployed forces through the chain of command.
How should mission readiness of any JAG activity be evaluated according to the Air Force Doctrine Document?
The mission readiness of any JAG activity should be evaluated in terms of home station operations, expeditionary legal support, and home station augmentation.
According to the Air Force Doctrine Document, what is the legal basis for a mission?
The legal basis for a mission aids in defining the parameters, limitations, and scope of the operation.
What is JAGs support in contingency operations? (6)
- JAG determines legal basis for missions
-Status of forces
-Planning,Coordination, and Oversight
-Military Justice
-Rules for Use of Force
-Fiscal Law
Explain the Force Protection Responsibilities of a deployed Commander.
The Geographic Combatant Commanders have the overall requirement to establish and implement Force protection in their areas of responsibility.
What are the threats and hazards to the Air Force Mission? (5)
- conventional
-unconventional
-terrorism/ criminal
-insider
-information/ data threat
When does FPCON baseline apply?
When general global threat exists and warrants a routine security posture. At a minimum, access control will be conducted.
While in FPCON Baseline, at a minimum, what will be conducted?
Access control will be conducted.
When does FPCON alpha apply?
Applies when a general threat ofpossible activity against personnel and facilities, the nature and extent are unpredictable.
Example: there is a threat against an AFB in Alabama
What FPCON is able to be maintained indefinitely?
FPCON Alpha
When does FPCON Bravo apply?
Applies when an increased and more predictable threat of activity exists.
Some kind of intelligence that a threat will happen
Example: A threat against an AF base
What FPCON can be maintained for weeks without causing undue hardship?
FPCON Bravo
When does FPCON Charlie apply?
Applies when an incident occurs or intelligence is received indicating some form of action against personnel and facilities is imminent.
Example: there is a threat of attack against an AFB in Alabama
What FPCON implementation for more than a short period of time will create a hardship?
FPCON Charlie
When does FPCON Delta apply?
FPCON Delta applies in the immediate area where an attackhas occurred or when intelligence has been received the action against a specific location or person is likely.
What FPCON is declared as a localized condition?
FPCON Delta.
Restate the USAF Use of Force Policy.
-Only that force which is resonably necessary.
- IAW the US Constitution, Federal Statutes, and DoD policy
Use of Force totality of circumstances must consider what four factors?
-severity of the crime
-whether the person imposes an immediate threattothe safety of others
-whether the person is actively resisting
-whetherthe person is attempting to evade
List the structure of the Department of Homeland Security.
Scretary of Homeland Defense,
Deputy secretary and under secretaries.
inspector general.
commandant of the Coast Gaurd.
What are the two types of international agreements?
Executive Agreements and treaties
What is the Case (Zablocki) Act?
A way for congress to ensure they were kept in the "know" within 60 days of entering an executive agreement
Tthe Secretary of State must be "consulted" and Congress must be "notified"
How does a treaty become law?
A treaty must have advice and consent of 2/3rds of the Senate (ratified) and the President signs.
What is the purpose of the SOFA? (3)
- Defines legal position of visiting force
-describes how authorities of visiting force controls member
-describes amenability of its members to local law - whether local laws apply to individuals
What are the types of SOFA?
-Administrative and Technical Staff (A&T)
-Mini-Sofa
-Full-Sofa
What are the traits of the Administrative and Technical Staff (A&T)?
- Executive Agreement
- Used for developing, immature relationships between parties
-done for short amout of times "retainer agreement" gives individual same status as someone from an embassy
What are common items found in A&T SOFAs?
-Complete immunity from criminal jurisdiction
-Limited immunity from civil jurisdiction
-tax relief
What are the most preferedd agreement the US seeks?
A&T status
What are the traits of a mini-sofa?
-executive agreement
-longer duration than A&T agreements
-Broader than A&T, less comprehensive than a full SOFA
- Includes same topics as A&T
- Commonly used in exercises and humanitarian relief
What type of SOFA do Host nations prefer?
Host nations prefer mini-SOFAs because of liability
What are the traits of a full-SOFA?
-Typically a treaty
-executed by each government (ratified)
-permanent in Nature
-reflects mature relationship between parties
What is the supreme law of the land?
treaty
Explain Military Extraterritorial Jurisdiction Act (MEJA)
- Anyone employed by or accompanying Armed Forces
-Misconduct constitutes more than one year confinement
-Not applicable to host nation nationals or ordinarily resident
-Allows for arrest, delivery, and removal to US
In mutual legal assistance, what does the SOFA obligate?
parties to assist:
-investigations
-seizure and production of evidence
-witness availability
-prosecution of offenses
