• • •Applicable Policies, Directives & Instructions •Enemy Prisoner of War Policy •Oversight/Policy •Command & Control , • Interrogations ~ ~--F I • JJ oTt. {..,..-=- S/ea t.o.o-s c/,;ss r 1"'14:0 PL ~ IJil.~:ct"'-\ IS..,..,. I ,...... • • • DoDD 5100.77: DoD Law of War Program ., • Dec 98 - Expands responsibilities of Sec Army as the DoD Executive Agent for the investigation & reporting of reportable incidents . • Policy - DoD GC provides overall legal guidance - USD/P exercises primary staff responsibility - Secretaries of the Military Departments provide directives, publications, Instructions & training so that principles & rules of law are known; provide for the prompt reporting & investigation of reportable incidents - All reportable incidents committed by or against US or enemy persons are promptly reported, thoroughly investigated and, where appropriate, remedied by correctiye action - Sec Army, as the EA for the SecDef for reportable incidents, shall act for the SecDef in developing & coordinating plans & policies for, and in supervising the execution of, the investigation of reportable tncidents. This authority is separate from and subject to the responsibilities assigned the Combatant Commanders - CJCS designate a POC to administer activities & issue plans. policies. directives & ROE consistent w/directive & law of war. - COCOMs institute effective Qrog_rams to prevent violations of the rule of law of war & ensure plans, policies, directives & ROE are ·penodically reviewed, particularly in light of any violations reported · - ASD/C31 (now USD/1 shall ensure DJA provides information to SecArmy & COCOMs - Report Incidents through chain of command by most expeditious means available - OPREP- 3 report as established in Joint Pub 1-03.6 - COCOMs shall report expeditiously reportable incidents to the CJCS, SecDef & Sec Army as EA ,. . ~ • ·• Enemy Prisoner of War Policy ,. ·~ • • DODD 2310.1: DoD Program for Enemy Prisoners of War (EPOW) & Other Detainees • Aug 94, Designates Sec Army as Executive Agent • Policy - US Military Services shall comply with Geneva Convention - Persons captured or detained may be transferred to and from the· care, custody & control of the US Military Services on approval of ASD ISA & as authorized by the Geneva Conventions • Responsibilities - USD/P provide in coordination with the ASD ISA appropriate reports to the CJCS & information or reports to other USG Agencies or Compo.nents to include Congress or the ICRC - USD/P ensure the Army JAG in coordination with the Army GC and the DoD GC provide legal guidance within the DoD about the DoD EPOW Detainee Program to include review of plans & policies , •• Oversight/Policy • I , • • I DoDD 5106.1: Inspector General of the DoD • Jan 01 • Responsibilities: - Develop policy, monitor & evaluate program performance & provide guidance wrt all DoD activities relating to criminal investigations programs - Provide policy direction for & conduct, supervise & coordinate audits & investigations relating to DoD programs & operations - Receive & investigate complaints or information concerning activity constituting a violation of law, rules or regulations - Evaluate, monitor & review the programs, policies, procedures & functions of the DoD IC - coordinate with A TSD 10 T • DoDD 5106.4: IGs of the Unified & Specified Commands • l • Jan 93 • Responsibilities - Responsible to Commander for monitoring, · evaluating, assessing & inspecting operational & other areas essential to mission performance -Evaluate operations C2 - .. . - - .. - .. -. -- r • DoDD 5111.1: USD/P • Dec 99 • Responsibilities - Develop, coordinate & oversee policy on POWs & MIA ·-Develop, coordinate & oversee the ·implementation for the defense & military aspect of constjtutional democracy & respect for human rights in other countries, US participation in peace operations and in humanitarian assistance • • • . I ~ DoDD 5148.11: ASD for Intelligence OVersight • Jul94 • Responsibilities - Independent oversight of all intelligence activities- ensure all activities performed by intelligence & non- intelligence units are conducted in compliance with law - Monitor investigations & inspections conducted by DoD components, evaluate findings & submit recommendations for corrective action to the SecDef - Review DoD clandestine intelligence activities to ensure compliance with special constraints & controls ' • Command & Control • • I Goldwater Nichols • 1986 • Operational Chain of Command runs from the President to· the SecDef to commanders of unified & specified combatant commands • SecDef may assign responsibility to CJCS for overseeing the activities of the COCOMs • Each COCOM performs duties under the authority, direction & control of the SecDef & is directly responsible to the SecDef for the performance of his command & its preparedness to execute assigned missions r • Unified Command Plan (UCP) • The document that sets forth basic guidance to all combatant commanders • Establishes combatant command missions, responsibilities, and force structures • Delineates geographic functional areas of responsibilities for functional conbatant commands • I • • Command Authority • The combatant commanders of combatant commands exercise combatant command (COCOM) of assigned forces & are directly responsiQie to the NCA (~resident & SECDEF) for the performance of assigned missions and the preparedness of their commands. COCOM is never delegated or shared with other echelons- COCOM: - Prescribe the chain of command; - Organize commands and forces to carry out assigned missions; - Employ forces necessary to carry out assigned missions; Coordinate and approve administration, support, and discipline; and - Exercise authority to select subordinate commanders and combatant command staff • The military departments operate under the authority, direction, and control of the SECDEF - This branch of the chain of command includes all military forces within the respective Services not specifically assigned to commanders of · combatant commands • ·- -- -- • . . --- --- .. ~ Types of Command Authority • COCOM: Authority vested over assigned forces vested in commanders by Title 10, U.S. Code·, Section 164, and is not transferable • OPCON: OPCON may be delegated to echelons below the combatant commander to provide authority to organize forces as the operational commander deems necessary to accomplish assigned missions • TACON: Used in execution of operations and is defined as "the .detailed and usually, local direction. and control of movements or . maneuvers necessary to accomplish missions or tasks assigned · I I I I I I I I • ~· Joint Task Forces • A JTF is a joint force that is constituted and so designated by the SECDEF, a combatant commander, a subordinate unified command commander, or an existing JTF commander. A JTF may be established on a geographic or functional basis • Commanders of JTFs are responsible to the JTF-establishing authority .. • JTFs are usually operational, conducted to achieve operational-level objectives r • Role of the CJCS • In the- chain of command, the CJCS is three·fold - Communications between the NCA and the . combatant commanders may pass through the CJCS (President has in fact directed this) - Oversight of activities of combatant command may be delegated by the SECDEF to CJCS - CJCS is the spokesman for the combatant commanders on the operational requirements of their commands · • • . . . . . I. ~ OSD • Principle staff element of the SECDEF in the exercise of: . - Policy development -Planning - Resource· management - Fiscal - Program evaluation responsibilities • Within OSD, the USD(P) through the ASD (SO/LIC) is responsible for Information & Detainee Operations (DASO,Info & Detainee Operations is currently Vacant) I I I I I I I I I I • • •• I ~ USD(I) Draft Charter • The U~D(I) shall have as a principal duty the ov~rall supervision of all intelligence and intelligence-related affairs of the DoD-the USD(I) shall take precedence in the DoD on all intelligence, intelligence-r~lated, Cl, and security matters prescribed - Serve as the senior DoD intelligence policy & resource official below the SECDEF - Provide oversight and guidance for all DoD intelligence activities ... - Provide policy oversight of all the intelligence organizations within the DoD - Oversee and coordinate DoD intelligence, intelligence-related, and security-related policy, plans, programs, requirements, and resource allocations · - Ensure that intelligence activities of the Department are conducted jointly, as appropriate, in coordination with the Service Secretaries and CJCS - Provide oversight and policy guidance on sensitive intelligence activities as well as serve a~ the lead for· DoD participation in all such activities Develop and oversee policy regarding: DoD human intelligence programs; signals intelligence ... r • CENTCOM ·Chain of Command • Military Intelligence • Military Police ·-·····- -·---- ij • • DOD Operational Chain of Command Secretary of Defense ---------------- Chairman of tlie Joint Chiefs of Staff & Joint Chiefs Commander US Central Command Commander Combined Joint Task Force Seven Deputy Commander for Detainee Operations Commander 504th MI Brigade· . Commander 39tst MP Battalion •• ~ • DOD Service Chain o[. Command .. I ., Secretary of Defense I Secretary of the Army I Chief of Staff of the Army I Commander Forces Command · I Commander Jrd US Army I Commander 377th Theater Support Command I . Commander SOOth Military Police (MP) Brigade I Commander 320th MP Battalion I Commander 372nd MP Company UNCtASSifiEO DRAFT WORKING PAPERS 07 0750 EDT May 04 DoD Operational Chain of Command (as o(Dec 03) Secretary of Defense I GEN Abizaid, Commander US Central Command LTG Sanchez, Comma~der Joint Task Force 7 ~ BG Karpinski Commander 8001 h Military Police (MP) Brigade LTcl