Ops & It'l Law Flashcards
(131 cards)
1
Q
What is the purpose of AF support doctrine?
A
Represents best practices and other sanctioned ideas regarding legal aspects of Air Force operations across the range of military operations.
2
Q
How many levels of doctrine are there?
A
Three
3
Q
What are the different levels of doctrine?
A
- Basic Doctrine
- Operational Doctrine
- Tactical Doctrine
4
Q
What is the AF legal doctrine annex titled?
A
AF Doctrine Annex 3-84
5
Q
What is the role of the JAGC in operations planning?
A
To determine the legal basis for the mission.
6
Q
What technology allows us to make voice calls either secure or unsecure?
A
VOIP
7
Q
Which network is used to transmit classified information?
A
SIPRNet
8
Q
Which network is used to transmit unclassified information?
A
NIPRNet
9
Q
What are the FPCON responsibilities of a combatant commander?
A
Required to establish and implement force protection for all DoD personnel and dependents within their AOR. Applies to personnel who are assigned, transitioning through, or training in their AOR.
10
Q
What are the FPCON responsibilities of a commander at every echelon? (wing/group/squadron)
A
Retain ultimate responsibility for protecting personnel within their units.
11
Q
What are the different FPCON levels?
A
- Normal
- Alpha
- Bravo
- Charlie
- Delta
12
Q
Explain when FPCON normal is utilized.
A
When general global threat exists and warrants routine security posture. Access control to the base will be conducted.
13
Q
Explain when FPCON alpha is utilized.
A
When general threat exists and they are unpredictable (no known target).
Must be able to maintained indefinitely.
14
Q
Explain when FPCON bravo is utilized.
A
When an increased, more predictable treat of activity exists. Must be able to be maintained for weeks w/o causing undue hardship.
15
Q
Explain when FPCON charlie is utilized.
A
When an incident occurs or intel is received indicating some form of action against personnel/facilities is imminent.
Implementation for more than a short period will create a hardship.
16
Q
Explain when FPCON delta is utilized.
A
In the immediate (localized) area where an attack has occurred or when intel has been received the action against a specific location/person is likely.
17
Q
What is the USAF use of Force Policy?
A
Use the objectively reasonable force needed to accomplish mission requirements.
18
Q
Who has the right to use self defense?
A
Everybody.
19
Q
What must unit self defense be used in response to?
A
Hostilities and the self defense must be reasonable.
20
Q
Does unit self defense extend to other branches/DoD personnel?
A
Yes.
21
Q
Does the use of force policy apply to lethal and non-lethal means of force?
A
Yes.
22
Q
With regards to the totality of the circumstances, what three factors must you consider?
A
- Severity of the crime
- Whether the person imposes an immediate threat to the safety of others
- Whether the person is actively resisting or attempting to evade.
23
Q
Briefly describe the structure of the department of homeland security.
A
There is a Secretary of Homeland Defense, Deputy Secretary and Under Secretaries, Inspector General, Commandant of the Coast Guard, and Other Officers
Commandant of the CG is the only military leader w/in the org.
24
Q
List some examples of AF Support for Homeland Security missions.
A
Disaster relief, intelligence-surveillance-and reconnaissance, information sharing, and national special security events.
25
When the AF provides disaster relief support, what are some things they assist with?
Restoration of emergency medical capabilities, restoration of public services, clearance of debris, and roadway movement.
26
What are some of the National Special Security Events that the AF provides assistance with?
State of the Union Address, National Political Party Conventions, Olympics, and the Super Bowl
27
What are the DSCA fundamental principles?
- States maintain primary responsibility.
- National Guard units are primary military responders.
- Federal assistance premised upon a request from the state Governor (showing their resources can't support)
- DoD support to civil authorities is tightly controlled.
28
What are the authorities that allow the federal government to provide disaster relief support?
- Stafford Act
- Economy Act
- Immediate Response Authority (IRA)
- Emergency Authority
- Mutual Aide Agreements or Plans
- Posse Comitatus Act Exceptions
29
Briefly describe the Stafford Act.
Designed to provide a means for the federal gov't to assist state and local resources if:
- President issues one of four disaster declarations
- Intent of the act is to alleviate suffering & damage
- Governor makes a request and demonstrated that response has been activated & requires assistance.
30
Briefly describe the Economy Act.
Allows federal agencies to provide support to other federal agencies on a reimbursable basis.
**Any expenditures of the DoD is reimbursed back to the DoD.
31
Briefly describe the Immediate Response Authority (IRA).
Only used to provide temporary, expedited assistance to civil authorities in order to save lives, prevent human suffering, and mitigate great property damage.
Can only be used if there is insufficient time to request approval from a higher authority and if a request has been made from the civil authorities.
32
Briefly describe the Emergency Authority.
This authority is used to quell large-scale, unexpected civil disturbances. It should only be used in extraordinary emergency circumstances where prior authorization by the President is impossible and local authorities are unable to control the situation.
Only should be used if the activities are necessary to prevent significant loss of life or destruction of property or duly federal, state, or local authorities are unable or decline to provide adequate protection for Federal property or Federal gov't functions.
33
Briefly describe Mutual Aid Agreements or Plans.
Agreements entered into by installation commanders and the civilian community.
Most commonly in the areas of fire-fighting and emergency services.
34
Which directive(s) covers Defense Support to Civil Authorities (DSCA)?
DoDD 3025.18
35
List the two types of disaster relief the defense can provide to civil authorities.
Domestic emergencies and complex catastrophes.
36
List a few key personnel within the EOC.
Incident commander, EOC director, transportation, communication, legal office, security forces, public health & medical services, fire department, emergency management, weather, safety, PA, MXS
37
Describe the role of the incident commander in the EOC.
Directs the EOC. This person is typically a fire chief that has experience with a disaster.
38
Describe the role of the EOC director.
Provides oversight for the installation CC to support and control the incident. This person is typically the MSG commander.
39
What unit takes charge of transportation in the EOC?
LRS
40
What items are required to be maintained in the emergency operations kit?
- Electronic devices
- AFIs/Publications/Forms
- Claimant sign-in log
- Maps
- Base office supplies
- Action plan checklist
41
What are some of the electronic devices in the emergency operations kit?
Digital cameras or video cameras, portable printer, portable scanner, & laptop.
42
Which AFIs/Publications/Forms are in the emergency operations kit?
AFI 51-306, CSC Action Officer's Handbook, SF 95 & 1034, DD 1842 & 1844, Advance Payment/Settlement Agreements
43
What is the role of the legal team in the EOC?
Claims
44
Briefly describe how the legal office provides support with claims.
- Identification of affected property owners
- Establish a temporary claims office
- Located away from site
- Location and hours published through PA
- Conduct claims investigation
45
Provide examples of legal issues encountered during a major accident response.
- Establishing an NDA
- Environmental law/land use issues
- Mass care, housing, and human services
- Report of survey
- Adverse actions
- Disciplinarian actions
46
What is the EOC?
The physical location at which coordination of info and resources to support attack and response and incidnet management activities take place.
47
What is the purpose of SOFA?
- Defines the legal position of the visiting force
- Describes how authorities of visiting force controls members
- Describes amenability of its members to local law (criminal/civil)
48
What are the two types of international agreements?
Executive agreement and a treaty
49
What defines the legal position of the visiting force?
SOFA
50
Define a bilateral agreement.
An agreement between two parties.
51
Define a multilateral agreement.
An agreement between more than two parties.
52
What is a treaty?
An international agreement concluded between states in written form and governed by international law.
53
What is the definition of a receiving state?
The state which hosts foreign armed forces within its territories ("host nation")
54
What is the definition of a sending state?
The state which dispatches its armed forces to a foreign territory.
55
What is the US policy and procedure for handling FCJ cases?
- Obtain SOFA coverage
- Maximize US jurisdiction
- Maximize US custody and cc's disciplinary authority
- Protect rights of DoD personnel and dependents
56
Briefly describe the prison visitation program.
- SJA monitors program
- Medical exam w/in 48 hrs before surrender or earliest possible time
- Prisoners must be visited every 30 days (monthly)
- CC/Medical/Chaplain visits
- Visitation report completed monthly (completed by legal office)
57
What are some reasons for drafting a serious or unusual incident report?
- Person placed into pretrial confinement
- Person is actually or allegedly mistreated
- US publicity probable
- Death of foreign national
- Capital punishment might be imposed
58
True/False: Serious or unusual incident reports must be sent via mail to TJAG.
False, must be sent electronically.
59
What are the two kinds jurisdiction with regards to FCJ cases?
Exclusive and concurrent
60
What is the general rule for FCJ cases?
The host nation laws apply to all.
61
What is an inter se case?
Where the receiving state has minimal interest in offenses committed by the sending states.
62
What is an official duty case in terms of FCJ?
Where an offense arises out of an act of an individual while they are in the performance of their official duties. Applies to mil and civ employees.
63
Who can waive inter se cases?
TJAG
64
Who can waive official duty cases?
President/SECDEF
65
True/False: In cases where a foreign country holds exclusive jurisdiction, it can be waived.
No, it can never be waived.
66
What is MEJA?
An act that allows the federal gov't to have jurisdiction over civilians who are employed by the military or members accompanying the armed forces.
67
Briefly explain the US pretrial custody policy for FCJ cases.
US always wants to maximize custody and will seek immediate release of the prisoner or ask if they can retain them until the judicial process is complete. If bail is posted, use US funds.
68
What is international hold used for?
A hold that ensures AF personnel subject to FCJ do not depart the country. Placed by the commander.
69
Who acknowledges international hold letters?
The individual receiving the order or the sponsor if the individual is under 16.
70
What is the role of a military legal advisor for FCJ cases?
Advises member on pending action, SOFA rights, and DoD FCJ policy. Also acts as a liaison between foreign counsel and military authorities.
71
What is the role of the trial observer for FCJ cases?
A designated attorney who notes attends FCJ trial proceedings and notes the progress of trial as well as any acts of discrimination. Also drafts the trial observer report as soon as the trial is over.
72
What is the authority for the issuance of general orders?
Title 10 U.S.C. § 164c
73
Who can issue general orders?
Combatant commanders
74
What is the purpose of general orders?
- Maintain order and discipline among the deployed forces
- Avoid unnecessarily offending certain host nation sensitivities
- Outlines prohibitions against specific activities
75
Who does a general order apply to?
US military personnel and accompanying civilians.
76
What is a joint operation?
General term to describe military operations by joint forces (two or more military departments)
77
With regards to joint operations, what is OPCON?
Authoritative direction over organizing, employing, assigning tasks, and designating objectives.
78
With regards to joint operations, what is TACON?
- Authority over assigned/attached forces
- Control and direct movements or maneuvers to accomplish assigned missions or tasks
- Does not provide organizational authority
- Think short missions that fall within the scope of the COCOM's mission.
79
With regards to joint operations, what is ADCON?
Administration & Support
Includes discipline, organization of service forces, control of resources and equipment, personnel management, individual and unit training, and all other matters not included in operational missions
80
What is the JFACC's primary concern?
Executing operations with aerospace assets.
81
What are the responsibilities of the COMAFFOR?
Execution of the AF responsibilities within the joint or combined commands.
82
What are some characteristics of the COMAFFOR?
- Senior Air Force Member
- Level of command is comparable to NAF
- Functionally separate from war fighting activities performed by the JFACC
- Has own legal staff
83
What does the COMAFFOR's legal team advise on?
Legal team advises on matters of deployment (who comes in), sustainment (who is there currently), and redeployment (who is leaving).
84
What are some examples of joint legal support functions?
1) Joint Force Commander
2) Joint Force Air Component Commander
3) Joint Air Operations Center
4) Detainee Operations
5) Provide briefings (LOAC, ROE, etc.)
85
What is military necessity?
Permits the application of regulated force required for the partial or complete submission of the enemy.
86
4 things to remember regarding military necessity.
1) Nature - all objects direction used by armed forces?
2) Location - site of special importance for military operations?
3) Purpose - intended future use of an object?
4) Use - object's present function?
Is the target an effective contribution to military action/military advantage?
87
What is humanity with regards to LoW?
Forbids the infliction of suffering, injury or destruction unnecessary to accomplish a legitimate military purpose.
88
What is proportionality with regards to LoW?
Even where one is justified in acting, one must not act in a way that is unreasonable or excessive
89
What is distinction with regards to LoW?
Obligation of parties to conflicts to distinguish between combatant forces and the civilian population or individual civilians not taking a direct part in the hostilities
90
What are the three internationally recognized/protected symbols?
Red cross, crescent, and crystal.
91
Identify characteristics of combatants.
- Commanded by a person responsible for their subordinates
- Have a fixed distinctive insignia
- Carry arms openly
- Conduct operations within laws and customs
92
What is the purpose of DoD Humanitarian assistance?
To provide training for military personnel, to serve the political interest of the host nation/US and provide humanitarian relief to foreign civilians.
93
What is the authority of DoD Humanitarian assistance?
10 U.S.C. § 401
94
What requirement must be met before offering humanitarian assistance?
- Conducted in conjunction with authorized military operations.
- Conducted with the approval of the host nation.
- Compliment, not duplicate assistance
- Serve basic economic/social needs
95
What is the goal of providing humanitarian assistance?
Create strategic, operational, and/or tactical effects that support COCOM's objective.
96
What is humanitarian and civil assistance (HCA) defined?
- Medical, surgical, dental, and veterinary care provided in rural areas
- Construction of rudimentary surface transportation
- Well drilling
- Construction of sanitation, repair, and public facilities.
97
What are the two types of humanitarian assistance?
1) Pre-planned
| 2) Minimal cost
98
What is pre-planned humanitarian assistance?
- Compliment not duplicate assistance
- Serve economic/social needs
- Not provided to org engaged in military activity
- Paid out of O&M funds
99
What is minimal cost humanitarian assistance?
- COCOM authority to react to targets of opportunity during military ops
- Limited in scope and have minimal expenditures
- Max amount is $15k
- Funded from unit's O&M funds
100
What is the definition of an ROE?
Directive issued by competent military authority (commander) which inform whether US forces initiate/continue combat.
101
What should ROE define?
- Who, what, where, and when to shoot
| - Whose permission is needed to control military ops
102
What should be considered when developing ROE?
- Politics and policy
- Domestic law
- International Law
- Operational concerns
103
How do you determine current ROEs?
Consider sources:
1) National ROE
2) Multinational ROE
3) Theater specific/combatant CC ROE
4) Mission-specific ROE
5) Supplemental ROE
104
Define a hostile act.
Attack or use of force against US or other persons/property
105
Define hostile intent.
Threat of imminent use of force.
106
What is a supplemental ROE?
Addition to basic/fundamental ROEs designed to limit/grant authority for mission accomplishment.
107
What is the purpose of a situation report?
Keep leaders and commanders advised of a unit's ability to meet requirements outlined in approved plans.
108
What must be reported in a situation report?
- Critical national or international situations
- Natural/Manmade disasters/Emergency relief efforts
- Ongoing activities/ops
- Units receiving aircraft or personnel due to natural disaster
- When directed by higher headquarters
109
True/False: There are standing ROEs for standard military procedures.
False, ROEs are used and established in wartime. The use of force should be followed in standard military procedures stateside.
110
What basic fact applies to all prisoners of war?
All persons will be given humane care and treatment.
111
What are the criteria to obtain POW status?
- Member of Armed Forces
- Be a combatant
- Members who profess allegiance to gov't/authority not recognized by detaining power
- Person accompanying the Armed Forces
112
Who is considered a retained personnel?
Medical, chaplains, red cross staff, volunteer aid
113
What rights are afforded to retained personnel?
Same benefits as POW status and must be released once no longer needed.
114
What conditions should be met for the quarters a detainee is kept in?
- Protected from dampness
- Adequately heated/lighted
- Men/women separated
115
How should detainees be fed?
Basic daily food rations sufficient for good health & to support the labor being maintained.
116
What is a detainee?
Any individual captured by/transferred to custody of DoD personnel.
117
What are the different categories for detainees?
- Enemy POW
- Retained person
- Civilian Internee
- Unprivileged belligerent (unlawful combatant)
118
What is every detainee assigned?
An Internment Serial Number (ISN)
119
Who can enter into contracts on behalf of the US gov't?
SECAF, Head of Contracting Activities (HCA), Contracting Officers
120
What are the different types of contracts?
- Firm fixed price
- Requirements
- Indefinite quantity
- Time & materials
121
Briefly describe a firm fixed price contract.
- Primary type of contract
- Contractor responsible for cost coverage
- Has an incentive to perform efficiently and economically.
122
Briefly describe a requirements contract.
- Establishes a min/max requirement for the service being performed.
- Contractor not obligated to fill orders beyond max.
123
Briefly describe a time and materials contract.
- Used to cover costs of labor, materials, and overhead.
| - Emergency repairs/maintenance.
124
Briefly describe an indefinite quantity contract.
- Established for a fixed period of time
| - Deliveries are placed upon orders.
125
What are the key organizations involved in contracting?
- Contracting office
- Legal office
- Finance office
- Contractor
- Joint Contracting Command
126
List some types of contract fraud.
- Bribes
- Kickbacks
- Price Fixing
- Product substitution
- Government employee collusion
127
What type of acquisition is rarely used in an a deployed environment?
Sealed bidding
128
Explain the primary uses of data gathered from after action reports.
- Help fight a smarter, more capable fight
- Train for a particular contingency
- Help others benefit by those who have gone before
- Validates training
129
When should an after action report be completed?
30 days
130
What items are contained w/in general orders?
- Purpose
- Authority
- Applicability
- Statement of Military Purpose & Necessity
- Prohibited Activities
- Punitive Order
- Individual Duty
- Unit Commander Responsibility
- Effective and Expiration Dates
- Waiver Authority
131
True/False: Rations can be taken away from detainees in order to discipline them.
False, rations cannot be affected by POW/detainee disciplinary actions.
