Ops Law
Operation Law Unit 1-3
Operation Law Unit 1-3
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Cartes-fiches
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
What three broad categories does the Posse Comitatus Act fall into?
-use of information
-use of DOD personnel
-use of military equipment
Immediate Response Authority provides immediate action to assist civil authorities or the public in what cases?
-to save lives
-to prevent human suffering
-mitigate great property damage under imminent serious conditions
Before a Commander uses IRA, they must do what?
-determine whether time and circumstances permit prior approval
-as soon as practical, report request through chain of command
-consider: legality, lethality, risk, cost, appropriateness, and readiness
Installation commander are authorized to have pre-existing MOU and MOA when:
-reciprocal firefighting support and emergency services
- military working dogfor drug searches
What does the osse Comitatus Act prohibit?
The Posse Comitatus Act prohibits direct, active participation to enforce civilian laws.
•Authority to Provide Support
• Stafford Act
• Economy Act
• Immediate Response Authority
• Mutual Aide Agreements or Plans
• Support of Law Enforcement
•Authority to Provide Support
• Stafford Act - states request federal support (FEMA)
• Economy Act - federal agencies can help eachother and must be reimbursed
• Immediate Response Authority- CC can provide immediate response to save lives, prevent human suffering, and mitigate great property damage
- determine whether time and circumstances permit prior approval
- as soon as practical request through chain of command
- consider: legality, lethality, risk, cost, appropriateness, readiness
• Mutual Aide Agreements or Plans - Installation CC agreement (firefighting/military drug dog)
• Support of Law Enforcement- Posse Comitatus - 10 can't enforce civil authority
