Center for law and military operations report: the Judge Advocate General's legal center & school - CLAMO

Army Lawyer, March, 2004 by Pamela M. Stahl, Toby Harryman

In stability operations, which are often sensitive and politically charged, information may be the decisive operation. (15) As reflected in current operations, they require a great deal of attention to civil considerations, such as political, social, economic, and cultural factors. Unlike combat operations, the center of gravity is likely not a particular military unit or terrain feature, rather it is restoring basic services and influencing public support. (16) Military forces can expect that adversaries and other organizations will use propaganda and disinformation against coalition forces to influence the public. Therefore, in stability operations, offensive IO is very important to promote legitimacy and reduce bias and confusion. Everyone must understand the objectives and motives of friendly forces, including the scope and duration of friendly action. Offensive IO can persuade, educate, coordinate, and influence. (17) Of course, coalition forces must also practice defensive IO to protect the force and the mission. (18)

The Judge Advocate's Role in Information Operations

Once judge advocates understand basic IO doctrine and how it contributes to the unit mission, they must learn their role in supporting the commander's IO campaign. To begin, judge advocates should consult Field Manual 27-100, Legal Support to Operations, (19) for the Judge Advocate General's Corps (JAGC's) doctrine on IO support. Under the JAGC doctrine, IO is part of the operational law support to commanders. (20) Not only do staff judge advocates (SJAs) and their deputies provide legal advice regarding IO, but operational law attorneys and those assigned to BOLTs do so as well. At division and above, SJAs should consider assigning a separate judge advocate to the IO cell, because meetings may be conducted simultaneously with other G-3 (assistant chief of staff, operations) meetings that an operational law attorney must attend. (21)

Army IO doctrine specifically tasks the SJA to advise the G3 and the G-7 (assistant chief of staff, information operations) on legal aspects of IO. (22) The SJA's IO-related responsibilities include the following:

* Advise the G-7 on the legality of IO actions being considered during planning.

* Include IO instructions in the legal appendix to the service support annex.

* Provide an SJA representative to the IO cell.

* Provide legal advice on IO rules of engagement (ROE).

* Review IO plans, policies, directives, and ROE issued by the command to ensure their consistency with DOD Directive 5100.77 (23) and the law of war.

* Ensure that IO law of war training and dissemination programs are consistent with DOD Directive 5100.77 and the law of war obligations of the [United States].

* Advise the [deception working group] on the legality of [military deception] operations and the possible implications of treaty obligations and international agreements on it. (24)

In addition, through participation in IO planning, judge advocates gain visibility over their unit's intelligence collection efforts such as computer network exploitation. Therefore, judge advocates also must be familiar with the laws relating to intelligence collection operations. (25)