APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

1.

References.

a. XVIII Abn Corps and Fort Bragg Reg. 27-1, Law of War Program, 2 Jun 87. b. XVIII Abn Corps and Fort Bragg Supp. 1 to AR 27-10, Military Justice, 6 Feb 87. 2. Purpose. This Appendix prescribes standard legal policies, responsibilities, and procedures in support of XVIII Abn Corps. 3. Responsibilities.

a. The mission of the Staff Judge Advocate is to provide legal support on a unit, area, and special function basis; objective is to deliver essential services as far forward as the combat environment, concept of operations, and judge advocate capabilities permit. b. The Corps Staff Judge Advocate (SJA) is the senior SJA in the Corps Area of Operations (AO) and is responsible for: (1) Overall supervision and coordination of all legal activities involving Corps forces incident to the conduct of operations. (2) Administration, supervision, and employment of JA personnel assigned or attached to Corps. (3) Coordination with higher echelon SJAs on legal matters pertaining to the Corps; including coordination with SJA, FORSCOM, for JA personnel to augment deploying Corps forces. c. All staff and command JAs, upon request by unit commanders, will provide legal support to other units and activities located in their AO as the mission requires. d. MSCs will promptly report all significant legal incidents or problems affecting the conduct of their operations to the Corps SJA.
S-3-1

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

e. Requests from subordinate staff and command JAs, and Corps legal support teams for JA replacements, additional personnel, and professional items should be submitted to the Corps SJA. 4. General. The following policies and procedures will be applicable to the specific areas of legal support set forth below. a. The Law of Land Warfare.

(1) Observance and enforcement of the Law of War by Corps forces is not dependent upon any reciprocal obligation to adhere to such law by the enemy, allies, third nations, or other parties, but represents an unqualified obligation assumed by the United States. (2) Commanders and their soldiers must be aware that the following subjects are affected by these principles and rules: methods and means of waging warfare, including NBC warfare; targeting; stratagems; treatment of property during combat, (i.e., destruction, confiscation, seizure, requisition, and control); rules of engagement; prisoners of war and other detained persons; wounded, sick, and medical units, personnel, and facilities; treatment of civilians and civilian property; occupation administration and control; and violation of the Law of War (i.e., war crimes). b. DoD Law of War Program Implementation. Program policy, guidance, and responsibilities have been issued by DoD Dir. 5100.77, and implemented by JCS Memo 59-83, regulations in unified command chains, and XVIII Abn Corps and Fort Bragg Reg. 27-1, Law of War Program. (1) Commanders will ensure plans receive legal review.

(2) Legal advisors will attend planning sessions, particularly when rules of engagement and subjects affected by the law will be discussed.
S-3-2

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

(3) Legal advisors will be made available to provide advice concerning Law of War conformance during operations. (4) Legal advisors will provide guidance on the treatment of property (i.e., destruction, confiscation, seizure, requisition, property control) under enemy control during combat operations and the occupation of territory under the Law of War. (a) Property of third nations and nationals will be treated as private property. (b) Property under the control of a host government and property under the control of nationals loyal to the host government will be handled IAW local laws or directives. (c) Any property taken will be receipted for if the tactical situation permits. The receipt should describe the property and indicate quantity, owner (or from whom taken), when and where taken, and the military unit acquiring the property. The receipt should be prepared in duplicate and signed by an officer or NCO, if possible. A copy of the receipt should be given to the owner (or person from whom taken), and the original forwarded into G-2/G-4 channels. If the tactical situation or other circumstances prevent receipting for property, a report containing the above information will be prepared and forwarded into G-2/G-4 channels as soon as the situation permits. If possible, G-2/G-4 will forward a copy of the report to the owner (or person from whom taken). If the tactical situation permits, seized unusable property which is no longer needed should be placed in S-4/G-4 channels for evacuation to a central point to facilitate return to its owner. (5) Commanders will ensure their personnel know that the unlawful destruction, stealing, looting or taking of property for personal gain, profit or enrichment is strictly prohibited and will not be tolerated. c. Status of Forces/Bases, Overflight, and Staging Rights. Unless already initiated or accomplished by U.S. authorities,
S-3-3

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

Corps G-3 will prepare, coordinate, and forward through Joint Command channels, requests for required privileges and immunities/base, overflight and staging rights arrangements with host governments (IAW AR 550-51, Authority and Responsibility for Negotiating, Concluding, Forwarding, and Depositing of International Agreements). d. Foreign Criminal/Civil Jurisdiction.

(1) Commanders will exert every effort to maintain maximum U.S. jurisdiction over U.S. personnel consistent with applicable law and regulation. (2) Any release or waiver of U.S. jurisdiction or custody over U.S. personnel will be handled IAW AR 27-50 and Chap. 17, AR 27-10. No soldier will be released to foreign jurisdiction or evacuated from the AO, while pending foreign investigation or charges, without written approval of the Commander, XVIII Abn Corps. (3) Prior to deployment, the Unified Commander will assign responsibilities involving foreign jurisdiction to designated commanding officers within the unified command chain IAW AR 27-50. (4) In the absence of a specific agreement to the contrary, all U.S. personnel involved in combat operations are subject to exclusive U.S. criminal jurisdiction. (5) Commanders will promptly obtain JA advice in handling foreign jurisdiction matters. e. Military Justice.

(1) Unless circumstances allow for or demand trial in the AOR, Corps and subordinate command courts-martial should be processed and evidence preserved with a view toward trial in CONUS.

S-3-4

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

(2) The mission and/or situation may require that court-martial proceedings be delayed. If delay is required, staff and command JAs are reminded of the importance of preparing a memorandum setting forth reasons for such delay and a chronology. (3) Pretrial confinement will be authorized and processed IAW XVIII Airborne Corps and Fort Bragg Supp. 1 to AR 27-10. f. Claims Administration.

(1) Claims of foreign nationals and governments will be settled under applicable international agreements and, if appropriate, by foreign claims commissions IAW AR 27-20. Prior to deployment, the Unified Commander will assign responsibilities involving foreign claims. In this regard, the Corps SJA should be prepared to request appointment of appropriate foreign claims commissions IAW AR 27-20 prior to deployment. (2) IAW para. 2-4, AR 27-20, subordinate commanders of division and brigade level units will ensure that claims officers are appointed for their units prior to deployment to handle initial claims investigation and reporting responsibilities. These appointments will be reported to their servicing JA office and to the Corps SJA, ATTN: Claims Judge Advocate, prior to deployment. (3) Unless otherwise required because of the significance of the claim, amount, parties or other circumstances involved, claims should be initially investigated and reported with a view toward further disposition at Corps level, higher headquarters, or on return to CONUS stations. (4) All subordinate commanders will ensure that any serious incident which may give rise to a substantial claim against the U.S. Government is reported, with full facts and circumstances and any action taken, to their servicing JA office and the Corps SJA.
S-3-5

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

(5) IAW AR 27-20, para. 7-3, units should immediately notify the Corps SJA whenever a member of a foreign military force or civilian component (under the applicable SOFA) is involved in an incident resulting in personal injury, property damage, or death. An information copy of the notification must be furnished to the Commander, USARCS. A copy of the completed investigation must also be forwarded to USARCS. g. Contract Law.

(1) Only a properly appointed Contracting Officer, Ordering Officer, or International Merchant Purchase Authorization Card (IMPAC) VISA card holder may make purchases on behalf of the U.S. Government. All purchases must be made within the limits of the particular appointment. (a) Contracting Officers. FORSCOM Contracting Officers are appointed by the Commander, U.S. Forces Command, acting through the Principle Assistant Responsible for Contracting (PARC). OCONUS, the CINC will have a PARC who can appoint contracting officers. Contracting Officers are typically used to make purchases in excess of $2500. The FORSCOM Federal Acquisition Regulation Supplement requires that an attorney with contract law training be made available to provide legal advice to contracting officers during contingency operations. (b) Ordering Officers. Ordering Officers are rarely used. When necessary, they may be appointed by Contracting Officers who have been delegated the specific authority to appoint ordering officers. Every Ordering Officer must be supported by a Class A Agent who actually makes payment for the purchases initiated by the Ordering Officer. Class A Agents are appointed by the servicing finance activity. More guidance on Ordering Officers and Class A Agents is contained in para. 2013, DFAS-IN Reg. 37-1. (c) IMPAC Card Holders. Most contingency purchases under $2500 will be made by IMPAC card holders. The IMPAC card is a VISA card available for use via a GSA negotiated contract.
S-3-6

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

Since the advent of the IMPAC, Ordering Officers are seldom used. The IMPAC is a commercial credit card (currently VISA) that is, in general, used just like any individuals own credit card. Most IMPAC card holders have a purchase limitation of $2500 per purchase and each will have a limit on the amount they can purchase in a month. Often monthly limits are increased before a deployment. Dollar limits on individual purchases cannot normally be raised. (2) All purchases must be for supplies or services necessary for mission accomplishment and care should be exercised near FY year end to ensure that purchases are for a bona fide need of the FY of the funds being obligated. (3) Funds must be made available (committed) to the contracting official (whether Contracting Officer, Ordering Officer, or IMPAC holder) in sufficient amount before the purchase is initiated. Funds must be of the correct FY, must be of sufficient quantity and must be from the correct appropriation. (4) Most purchases require the administrative approval of the Corps G-4 or the Corps G-6 (for information mission area resources and telecommunications-related needs) before the purchase can be initiated by the supporting contracting official. These administrative approvals are inherent limitations on the contracting officials authority. (5) Purchases outside of appointment limitations or without necessary administrative approvals result in violations of procurement regulations and, potentially, federal statutes. Violations of these restrictions can result in individual financial liability and can, in some instances, be punishable under the UCMJ or federal criminal statutes. (6) Contract and fiscal law issues are often complex and the sanctions for mistakes can be extreme. Legal advisors supporting deployed elements should not hesitate to seek technical advice from contract or fiscal attorneys at higher echelons or from XVIII Abn Corps Rear.
S-3-7

APPENDIX 3 (STAFF JUDGE ADVOCATE) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

h. Legal Assistance. To the maximum extent possible, personal legal assistance should be available to personnel on a 24-hour basis and should be provided on both unit and area bases IAW the responsibilities set forth in paragraph 3 above. i. Administrative Law. Commands will immediately address all legal matters with their brigade judge advocate. The brigade judge advocate will forward appropriate issues to administrative law for resolution. Such issues include legal review of reports of survey, legal advice to appointed AR 15-6 investigating officers, legal review of completed AR 15-6 investigations, failure of soldiers to pay just debts, the donation of gifts to and from foreign dignitaries. The primary point of contact for Equal Opportunity (EO) and sexual harassment complaints is the Equal Opportunity Advisor (EOA). The primary point of contact for issues regarding conscientious objector status is the chaplain. 5. Reports.

a. Units will submit monthly JAG-2 reports (See DA Form 3169, AR 27-10) to the Corps SJA by the 7th calendar day of the following month. b. Units will also submit Judge Advocate Activity Reports to the Corps SJA no later than 1600 each Friday (See Reports appendix in Corps FSOP).

S-3-8