Ops Law
Operation Law Unit 1-3
Operation Law Unit 1-3
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Flashcards
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
When is Counsel and other expenses authorized when foreign criminal jurisdiction is involved?
-act occured in the performance ofofficial duty
-possibility of confinement
-capital punishment could be imposed
-an appeal is made on denial of substanial rights
-conviction could form basis for misconduct admin separation
Who monitors the prison visitation program?
SJA
What are the guidelines for the prison visitation program?
- Medical exam within 48 hours before surrender, or earliest possible time
- must be visited every 30 days
- CC or rep, medical, chaplain visit periodically
- visitation report completed monthly
What are the guidelines for the prison visitation program?
- Medical exam within 48 hours before surrender, or earliest possible time
- must be visited every 30 days
- CC or rep, medical, chaplain visit periodically
- visitation report completed monthly
What are the guidelines for the prison visitation program?
- Medical exam within 48 hours before surrender, or earliest possible time
- must be visited every 30 days
- CC or rep, medical, chaplain visit periodically
- visitation report completed monthly
When do you generate a serious or unusual incident report?
- person is place into pretrial confinement
- person is actually or allegedly mistreated
- U.S. publicity probable
- Death of foreign national
When do you generate a serious or unusual incident report?
- person is place into pretrial confinement
- person is actually or allegedly mistreated
- U.S. publicity probable
- Death of foreign national
- capital punishment might be imposed
What is an individual case report?
initial report when foreign government exercises jurisdiction of US personnel, civilian employee, dependent
