Law in the Deployed Environment

     Roles and Responsibilities of an Operational Law
                       Attorney



...
UNCLASSIFIED



                         Agenda

    • Introduction

    • Basic Military and Legal Structures

    • Oper...
UNCLASSIFIED



                      Introduction

    • American University, B.A. 1999
    • Widener Delaware, J.D. 2005...
UNCLASSIFIED

                         Legal Representation in the Army
                                    Structure
    ...
UNCLASSIFIED



                        Division Staff Structure
         Civil
    G9   Affairs
                         ...
UNCLASSIFIED



             Office of the Staff Judge Advocate


                                   Staff Judge
         ...
MND-B – 16 December 2007
•9 Security Districts
•Abu Guraib Qa’da
•Taji Qa’da
•7 Brigades, 26 Battalions
•283.4 sq. mi.



...
UNCLASSIFIED



                                Key Dates for MND-B
    •                                                 ...
UNCLASSIFIED



               The Operational Law Attorney
    •   One of the Six Core Competencies of the JAG Corps
    ...
UNCLASSIFIED

          OIF 07-09 – The Changing Role of
                  Operational Law
     • 16 December 2007 (TOA) –...
UNCLASSIFIED



       16 December 2007 (TOA) – May 2008

     • Learning the Job

       – Law of Armed Conflict (LOAC)
 ...
UNCLASSIFIED


           4 Fundamental LOAC Principles

     • Military Necessity

     • Discrimination

     • Proporti...
UNCLASSIFIED


              LOAC Fundamental Principles
     • Military Necessity

        • Can only strike or capture t...
UNCLASSIFIED




     UNCLASSIFIED
14
UNCLASSIFIED


                                      Distinction
•Positive Identification (PID)

• PID is a reasonable cer...
UNCLASSIFIED


                     LOAC Fundamental Principles
•    Proportionality
       •Collateral Damage (incidental...
UNCLASSIFIED


                       Detainees

     • You MUST protect any detainees in your custody
       – with deadl...
UNCLASSIFIED


             Collect And Care For Wounded


     • Law requires you to care
       for enemy wounded
      ...
UNCLASSIFIED


                      Treatment Of Civilians

     • Treat ALL civilians and their property with
       res...
UNCLASSIFIED


                          Protect/Respect Property
     •   Do not target the following except in self-defe...
UNCLASSIFIED


     Rules of Engagement




            UNCLASSIFIED
21
UNCLASSIFIED



                         Self-Defense
     • On scene commanders have the authority and obligation
       ...
UNCLASSIFIED


                         Hostile Act / Hostile Intent
•    Hostile Act
     –   You may engage an individua...
UNCLASSIFIED


                            Escalation Of Force
     •     Evaluation
     •     Non-lethal measures:
     ...
UNCLASSIFIED


                            More Escalation Of Force
     •   Entrance into a particular “bubble” (e.g. 100...
UNCLASSIFIED



                                ―March Madness‖
     •                                                •
  ...
UNCLASSIFIED



           ―March Madness‖ Legal Question
     • Situation
        – Insurgents use open fields in urban a...
UNCLASSIFIED



            June 2008 – December 2008


     • Shia flight and Sunni regroup

     • Rule of Law

     • S...
UNCLASSIFIED



                Non-Lethal Operations

     • Reconciliation            • Fiscal Law
                     ...
UNCLASSIFIED



                                      Rule of Law
     • Joint Common Plan – Rule of Law Goals
        –  ...
KEY
                                                            BAGHDAD ISF DETAINEE POPULATIONS
            BOC TOTAL: 17...
UNCLASSIFIED



                Changing Operations


     • Security Agreement

     • Warrant Based Targeting

     • De...
UNCLASSIFIED



                      Security Agreement
     • UNSCR 1790 entered into effect 1 JAN 08 – last UNSCR
     ...
UNCLASSIFIED

                  Security Agreement Implementation
                   Company Commander Directives
  Combin...
UNCLASSIFIED


              Detention/Targeting – 1 January 2009
                       SA Article 22

 1. No detention o...
UNCLASSIFIED


                                SIGINT vs. Warrant Comparison
                                             ...
WARRANT-BASED TARGETING
     And you thought Cherry Pie Rocked!
UNCLASSIFIED


                            UA 1138: Abu Obringer
                                                         ...
UNCLASSIFIED

                                  MND-B Soldier Rules –
                           How We Support the Securi...
UNCLASSIFIED



                          MND-B Guidance
     • Ironhorse 6 Directives
        – Conduct detentions within...
UNCLASSIFIED




     Questions?
     william.obringer@us.army.mil




            UNCLASSIFIED
48
Upcoming SlideShare
Loading in …5
×

Will Obringer, Office of Judge Advocate, US Army. Speaks At Widener Law

1,744 views

Published on

Will Obringer, Office of Judge Advocate, US Army. He will discuss international legal requirements, non-lethal operations protocol, and finally the security agreement between the US and Iraq

Published in: Education, Career
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,744
On SlideShare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
24
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Will Obringer, Office of Judge Advocate, US Army. Speaks At Widener Law

  1. 1. Law in the Deployed Environment Roles and Responsibilities of an Operational Law Attorney The overall classification of this briefing is UNCLASSIFIED Approved by: 4ID G2 CPT William A. Obringer Chief, Operational Law 4th Infantry Division (Mechanized) 1
  2. 2. UNCLASSIFIED Agenda • Introduction • Basic Military and Legal Structures • Operational Law Attorney • OIF 07-09 – The Changing Role of Operational Law • Questions UNCLASSIFIED 2
  3. 3. UNCLASSIFIED Introduction • American University, B.A. 1999 • Widener Delaware, J.D. 2005 • Commissioned as a 1st Lieutenant and entered U.S. Army 2 Jan 2006 • Assigned to 4th Infantry Division (Mechanized) Jan 2007 • Deployed to Iraq Nov 2007 as Operational Law Attorney, Nov 2007 – Aug 2008 • Chief of Operational Law, Sep 2008 - Present UNCLASSIFIED 3
  4. 4. UNCLASSIFIED Legal Representation in the Army Structure XXX X XX CORPS BRIGADE DIVISION • Commanded by Lieutenant General (3 • Commanded by Colonel (O-6) • Commanded by Major General (2 Stars) • Commands between 2 – 5 Battalions • Commands between 2 – 5 Brigades Stars) • Commands between 1 – 4 Divisions • Between 3500 and 4000 Soldiers • Between 2000 headquarters personnel • Between 1000-2000 headquarters • BOLT 2 or 3 attorneys and 3 or 4 • OSJA Office 13 attorneys and 15 paralegals • SJA LTC (O-5) personnel paralegals • OSJA Office approximately 30 • BJA Major (O-4) • DSJA MAJ (O-4);Branch Chiefs MAJ or • Trial Counsel Captain (O-3) attorneys and 20 paralegals CPT • SJA Colonel (O-6) • Client Services Captain (O-3) • Operational Law • Deputy and Branch Chiefs Lieutenant • Administrative Law • Rule of Law Colonels/Commanders (O-5) • Operational Law – Divided by • Criminal Law • Client Services Plans, Future Ops, & Current Ops • Administrative Law • Fiscal Law • Rule of Law • Criminal Law • Client Services II I BATTALION/SQUADRON PLATOON COMPANY/TROOP/BATTERY • Commanded by Lieutenant Colonel (O- • Lead by 1st or 2nd Lieutenant (O-1 or • Commanded by Captain (O-3) • 5) O-2) Commands 3 -4 Platoons • Commands 5 Companies • Leads 3 Squads • Approximately 130 Soldiers • Approximately 700 Soldiers • Approximately 30 Soldiers • No direct legal support • No Judge Advocates • No direct legal support • All legal services come from BCT • Each BN has 1 paralegal assigned • All legal services come from BCT • All legal services come from BCT UNCLASSIFIED 4
  5. 5. UNCLASSIFIED Division Staff Structure Civil G9 Affairs Provost Marshal Finance G8 Force COMMAND STAFF Information Pro G7 •Commanding General – Major General Ops •Deputy Commanding General (Maneuver) Div – Brigadier General Engineer G6 Coms & IT •Deputy Commanding General (Support) – Div Brigadier General Surgeon Plans G5 •Chief of Staff – Colonel •G3 (Operations) - Colonel SJA Logistics G4 Chaplain G2 Intelligence D-COS Personnel G1 UNCLASSIFIED 5
  6. 6. UNCLASSIFIED Office of the Staff Judge Advocate Staff Judge Advocate Deputy Staff Chief Legal Judge Advocate Paralegal NCO Administrator Chief of Chief of Brigade Chief of Justice Chief of Client Operational Administrative Operational Services Law Law Legal Team •Chief of Op Law •Chief of Ad Law •Chief of Justice •Chief of Client Services •Brigade JA (Major) •2 Op Law Attys •2 Ad Law Attys •1 Trial Counsel •1 Legal Assistance Atty •Trial Counsel (Captain) •1 Detention Ops Atty •1 Fiscal Law Atty •1 Trial Counsel per BCT •1 Paralegal •Client Services (Captain) •3 Paralegals •2 Paralegals •4 Paralegals •Brigade Paralegal NCO •1 Paralegal per BN •2 Brigade paralegals UNCLASSIFIED 6
  7. 7. MND-B – 16 December 2007 •9 Security Districts •Abu Guraib Qa’da •Taji Qa’da •7 Brigades, 26 Battalions •283.4 sq. mi. MND-B – 10 February 2009 •9 Security Districts •Abu Guraib, Taji, Maqumudia, M a’dain, Yousifia, Qa’das •5 Brigades, 16 Battalions •1,751.8 sq. mi.
  8. 8. UNCLASSIFIED Key Dates for MND-B • • Deployed 27 Nov 2007 Warrant Based Targeting Begins • • Transfer of Authority 16 Dec 2007 SOFA Signed 27 Nov 2008 • ―March Madness‖ 24 Mar 2008 • UNSCR 1790 Expires 31 Jan 2008 • • Non-Lethal Focus SOFA takes effect 1 Jan 2009 • • MND-B aligns with Baghdad Iraqi Provincial Elections Province/SOI Transition • 4ID re-deployes 10 Feb 2009 November December January February March 1 15 301 31 1 31 1 281 31 April May June July August 1 30 1 31 1 301 311 31 September October November December January 1 301 311 301 311 31 February 1 28 UNCLASSIFIED 8
  9. 9. UNCLASSIFIED The Operational Law Attorney • One of the Six Core Competencies of the JAG Corps • Specialized Generalist – Rules of Engagement (CHOPS, FUOPS, G3, G5, AVN) – Rule of Law (G9, Dept. of State) – Escalation of Force (FUOPS, G3, Force Pro) – International Agreements / SOFAs – Psychological Operations (G7) – Information Operations (G2, G7) – Intelligence Operations (G2, G2X) – Detention Operations (G2, G2X, PMO) – Operational Law Planner for the Division (G5) – Domestic Operations/Posse Comitatus • Works with Division Operational Staff to provide legal advice on Current and Future Operations • Responds to questions from Brigades on Operational Law questions UNCLASSIFIED 9
  10. 10. UNCLASSIFIED OIF 07-09 – The Changing Role of Operational Law • 16 December 2007 (TOA) – May 2008 – Learning the Job – Kinetic Targeting – ―March Madness‖ • June 2008 – December 2008 – Shia flight and Sunni regroup – Rule of Law – SOI Transition/Elections • The Security Agreement – Implementing the SA – Warrant Based Targeting – Detention Ops UNCLASSIFIED 10
  11. 11. UNCLASSIFIED 16 December 2007 (TOA) – May 2008 • Learning the Job – Law of Armed Conflict (LOAC) – Rules of Engagement (ROE) – Escalation of Force (EOF) • ―March Madness‖ and Kinetic Targeting UNCLASSIFIED 11
  12. 12. UNCLASSIFIED 4 Fundamental LOAC Principles • Military Necessity • Discrimination • Proportionality • No Unnecessary Suffering UNCLASSIFIED 12
  13. 13. UNCLASSIFIED LOAC Fundamental Principles • Military Necessity • Can only strike or capture targets that offer a definite military advantage due to their nature, location, purpose, or use • Does not authorize acts otherwise prohibited by LOAC • Discrimination • Requires that ALL attacks be directed only at hostile forces and military objectives • At ALL times, MUST distinguish between hostile forces and civilians • Civilians (both gender and all ages) become a hostile force if they commit a hostile act or display hostile intent…more to follow on hostile act/hostile intent UNCLASSIFIED 13
  14. 14. UNCLASSIFIED UNCLASSIFIED 14
  15. 15. UNCLASSIFIED Distinction •Positive Identification (PID) • PID is a reasonable certainty that the individual or object of attack is a military objective in accordance with the ROE. • Not an absolute certainty; would a reasonable person under the same circumstances have made the same determination • A judgment call based on all information available to the trigger puller; e.g. intelligence, known enemy TTPs, circumstances, time, location, behavior. • PID is the key to every engagement – if you don’t have PID, you CANNOT engage UNCLASSIFIED 15
  16. 16. UNCLASSIFIED LOAC Fundamental Principles • Proportionality •Collateral Damage (incidental loss of life and property) VS. Concrete and direct military advantage anticipated • On scene commander (OSC) uses the balancing test as a basis to determine what response, if any, is appropriate to decisively counter the threat, after taking into consideration the collateral damage expected •Cannot engage if the collateral damage will be excessive compared to the military advantage anticipated by striking the target • Unnecessary Suffering • Prohibits use of arms that are calculated to cause unnecessary suffering • All US weapons are authorized if used properly • Not authorized to use privately owned weapons, or to tamper with or alter issued weapons or ammunition • If permitted to use deadly force, may use any proportional means available; not limited to a particular type of weapon for a particular type of target UNCLASSIFIED 16
  17. 17. UNCLASSIFIED Detainees • You MUST protect any detainees in your custody – with deadly force if necessary • They must be treated humanely • They must be given proper medical care, food, water, shelter, basic hygiene, clothing • They must be promptly evacuated from the area; no PID missions • Duty to protect and respect detainees UNCLASSIFIED 17
  18. 18. UNCLASSIFIED Collect And Care For Wounded • Law requires you to care for enemy wounded – Once injured and no longer posing a threat, they become non- combatants – Treat enemy wounded as one of your own – Safeguard from further attack UNCLASSIFIED 18
  19. 19. UNCLASSIFIED Treatment Of Civilians • Treat ALL civilians and their property with respect and dignity • Do not intentionally put civilians in danger • May restrict freedom of movement for safety of US personnel or for safety of other civilians • You may stop, detain, and search civilians when there is a reasonable belief that the individuals (1) are or were engaged in criminal activity, (2) interfere with mission accomplishment, (3) are on a list of people wanted for questioning for criminal or security reasons, or (4) detention is necessary for imperative reasons of security. UNCLASSIFIED 19
  20. 20. UNCLASSIFIED Protect/Respect Property • Do not target the following except in self-defense: – Cultural/historic buildings – Government buildings – Non Governmental Organization (NGO) property – Government detention facilities – Mosques, religious buildings – Hospitals and clinics – Schools, colleges, universities – Civilian refugee camps and concentrations – Facilities whose engagement results in pollution – Dams or dikes whose engagement results in flooding of civilian areas • Pre-planned damage or destruction requires CENTCOM CDR approval UNCLASSIFIED 20
  21. 21. UNCLASSIFIED Rules of Engagement UNCLASSIFIED 21
  22. 22. UNCLASSIFIED Self-Defense • On scene commanders have the authority and obligation to use all necessary means available and to take all appropriate actions to defend their unit and other Coalition and Iraqi Security Forces from a hostile act or demonstration of hostile intent – Also permitted to defend all US persons, detainees in MNF custody, personnel participating in military operations with MNF and the Iraqi Government, and NGOs – Obtain/Maintain PID and respond with force necessary to eliminate the threat UNCLASSIFIED 22
  23. 23. UNCLASSIFIED Hostile Act / Hostile Intent • Hostile Act – You may engage an individual if you are reasonably certain (PID) they committed/are committing a hostile act – Hostile Act: an attack or other use of force against US Forces, CF, ISF, US citizens, Iraqi civilians, and other designated persons and property – It is also force used directly to preclude or impede the mission and/or duties of US Forces – Proportional response requires that you only use deadly force if you are threatened with death or serious bodily injury – Can engage someone who has committed a hostile act unless they surrender and no longer pose a threat or are out of the fight due to injury…you can engage someone running away after a hostile act or display of hostile intent • Hostile Intent – You may engage an individual or individuals if you are reasonably certain (PID) they are exhibiting hostile intent – Hostile Intent: the threat of imminent use of force against US Forces, CF, ISF, US citizens, Iraqi civilians, and other designated persons and property – The threat does not have to be immediate or instantaneous, but actions must make you reasonably certain that the individual intends to use force against designated persons or property UNCLASSIFIED 23
  24. 24. UNCLASSIFIED Escalation Of Force • Evaluation • Non-lethal measures: – Visual Signs: Hand and arm signals, signal flags, laser pointers and dazzlers, spotlights, flares, etc – Audible Signals: horn, siren, bull horns, vehicle mounted PA systems, etc – Non-lethal munitions • Disengage/Bypass/Break Contact – If threat does not appear to be displaying a hostile act after employment of the above measures and the mission permits, unit may deescalate situation to avoid unnecessary civilian casualties • Lethal Measures. Should be used as a last resort and only in response to positive identification of hostile intent or a hostile act – Warning Shot. Use sparingly, and only against a safe backdrop, aimed to the side of a vehicle, or in the direction away from civilian personnel or vehicles. If a safe warning shot cannot be fired, skip immediately to disabling or kill shot – Disabling Shot. This shot is meant for vehicles only, and should be fired either at the tires or into the front grill of an oncoming vehicle – Kill shot UNCLASSIFIED 24
  25. 25. UNCLASSIFIED More Escalation Of Force • Entrance into a particular “bubble” (e.g. 100m) is not the trigger for use of lethal force. The trigger is always PID of hostile act/hostile intent, which occurs in convoy situations when the vehicle ignores initial EOF measures and continues to pose a threat. • EOF needs to be intelligence based • Permit local traffic to move freely unless justified by current intel. In most situations, it is common for local vehicles to be NEXT TO YOU. • When the intel picture or a particular vehicle suggests an increased threat, use EOF at appropriate standoff distances to assess whether there is hostile intent. • Share the road vs. own the road • Historical data indicates that the SVBIED threat to US Soldiers is extremely low; they normally target civilians. • SVBIEDs are almost always driven by a single driver. • Almost all Iraqis killed during vehicle EOFs have had no evidence of AIF activity. • Always maintain audible and visual signals; maintain standoff equipment such as wire, cones, and spike strips; use tracers for warning shots; array weapon systems at halts to be able to disable threats on main avenues of approach; rehearse fire control measures and EOF actions UNCLASSIFIED 25
  26. 26. UNCLASSIFIED ―March Madness‖ • • Government of Iraq move to reclaim OPLAW required to rewrite ROE Basrah from Shia (Ja’ish al Mahdi) • New threat to US Forces (IRAM) • Coordinated Shia uprising in Basrah and – required us to develop new in Baghdad (Sadr City and Shula) EOF tools – Rocket attacks on the IZ and US bases • Precision targeting required – Attempts to overrun Iraqi security legal review check points and SOI volunteers • Use of Iraqis as spotters for US • MND-B response targeting – Sadr City Wall – Precision targeting of high level JAM • Use of certain weapons in urban inside Sadr City environment – Iraqi lead with US support • Targeting constraints • Result • – Flight of most JAM leadership Targeting of clinics/hospitals – Death of approximately 1000 JAM being used by JAM fighters – Sadr City returned to government control for first time since 2003 • http://www.youtube.com/watch? v=qGpqXDbkp-M UNCLASSIFIED 27
  27. 27. UNCLASSIFIED ―March Madness‖ Legal Question • Situation – Insurgents use open fields in urban areas to fire rockets and mortars at the Green Zone and US Bases – Because of possible errors in radar acquisitions and risk of collateral damage can US Forces target open areas near POO sites • Offset Targeting Terminology – Point of Origin (POO) – Point of Impact (POI) – Target Acquisition Radar – Counter Fire – Artillery 155mm Howitzer – Target Location Error (TLE) UNCLASSIFIED 28
  28. 28. UNCLASSIFIED June 2008 – December 2008 • Shia flight and Sunni regroup • Rule of Law • SOI Transition/Elections UNCLASSIFIED 29
  29. 29. UNCLASSIFIED Non-Lethal Operations • Reconciliation • Fiscal Law Considerations – SOI Transition • Ensure that Human • Psychological rights and LOAC Operations obeyed • Future Planning • Part of the planning – Expansion team – legal – Re-Deployment troubleshoot UNCLASSIFIED 30
  30. 30. UNCLASSIFIED Rule of Law • Joint Common Plan – Rule of Law Goals – The public and private obligations of any person are known or readily determinable. – Disputes regarding these obligations are resolved effectively and impartially, and only by the state or by a method sanctioned by the state. – The state complies with the law and its procedures. – Persons are secure in their person and property, are free from illegal hard or threatened harm, and violations of this security will be vindicated by the state. – The state protects basic human rights. – All persons rely on the existence of legal institutions and the content of laws and regulations to conduct their daily lives and resolve disputes voluntarily. • Iraqi Security Forces Detainees – Tracking down detainee locations – Getting them out of detention • Iraqi Courts – Central Criminal Court of Iraq – Local Courts – Judicial Security UNCLASSIFIED 31
  31. 31. KEY BAGHDAD ISF DETAINEE POPULATIONS BOC TOTAL: 1735 Reported by BOC, IPS, MOD, and ICS as of 26 Oct 08 NAME (UNIT): CURRENT NORMAL SURGE UNCLASSIFIED/ FOUO POPULATION 1960 3317 RATED SURGE CID 2: 5 ADHAMIYAH (42-11 IA): 0 CAPACITY CAPACITY TAJI (34-9 IA): 0 KARKH AREA 100 100 85 108 COMMAND RUSAFA AREA 15 30 TOTAL: 1346 COMMAND SADR CITY TOTAL: 389 KADAMIYAH (22-6 IA): 44 940 2026 11 IA HQ: 271 745 941 120 120 250 450 2ND NP HQ: 696 RUSAFA – OLD MOD: 0 430 900 XXX CID TOTAL: 292 85 108 XXX XXX MUTHANA 350 375 (M2): 200 AL MANSOUR (54-6 IA) 8 150 200 55 100 NP HQ:0 CID HQs: 262 125 150 CID 1: 25 150 175 100 100 9TH IA HQ - 382 RUSTAMIYAH (9 IA HQ): 118 250 382 ABU GHURAIB (24-6 IA): 313 E RASHID 250 325 EAST RASHID (7-2 NP): 12 120 306 25 50 WEST RASHID (5-2 NP): 15 W RASHID 30 60 The overall classification of this briefing is UNCLASSIFIED Approved by: 4ID G2 SALMAN PAK (1-1 & 3-1 NP): 0 MAHMUDIYAH (17-6 IA): 58 CPT William A. Obringer 40 100 Chief, Operational Law 130 300 4th Infantry Division (Mechanized) 32
  32. 32. UNCLASSIFIED Changing Operations • Security Agreement • Warrant Based Targeting • Detention Operations UNCLASSIFIED 36
  33. 33. UNCLASSIFIED Security Agreement • UNSCR 1790 entered into effect 1 JAN 08 – last UNSCR authorizing international forces in Iraq • Security Agreement was supposed to be signed in July 2008 to allow implementation • Drafts leaked in June • New Iraqi negotiating team in July • Security Agreement signed late November • Security Agreement implemented 1 JAN 09 – Article 4 allows for US Forces to assist the GOI to combat Al Queda, terrorists, and outlaw groups – Article 22 requires that all detainees captured be turned over to Iraqi authorities within 24 hours – Article 22 also requires that all detainees in US custody be turned over to the GOI UNCLASSIFIED 37
  34. 34. UNCLASSIFIED Security Agreement Implementation Company Commander Directives Combined Operations – All combat operations will be combined; ISF in the lead with US forces in an advisory role Warrant Based Targeting – Operations designed to detain an individual – All detentions require warrant must have ISF, a warrant, and a detainee • Mentor partner units on conducting warrant processing plan based detentions – Conduct combined combat operations in – EXCEPTIONS: Witnessed crime, attack against CF/ISF patrol individuals reasonably accordance with Combined Operations Matrix certain to have committed a criminal act, or • Combat Operations – Offensive in nature self-defense that seek the enemy – require full • All TSTs combined, require warrant, and coordination and agreement as a must have a detainee processing plan combined operation with GOI/ISF Detentions – Conduct CSS missions & non-essential – Support Iraqi law in all matters movement during off-peak hours – Within 24 hours, turn over detainees to – Conduct self-defense operations, as required competent Iraqi authority – The 24-hour time period to hand over a • C-IDF, C-IRAM, C-VBIED detainee to a competent Iraqi authority starts ROE at the time and point of detention – Right to Self-Defense / EOF remains – Competent Iraqi authorities (BN, BDE, DIV unchanged; the Right to Self-Defense will IA/NP CDR) never be denied – No US interrogations in GOI or ISF facilities – Soldiers are always on duty – US Soldiers and US Government Civilian Employees…will not be detained UNCLASSIFIED 38 1.3 ver
  35. 35. UNCLASSIFIED Detention/Targeting – 1 January 2009 SA Article 22 1. No detention or arrest may be carried out by the United Approved MNC-I Mission Statement States Forces (except with respect to detention or arrest of members of the force and civilian component) except through MNC-I, ICW the GoI, conducts evidentiary based detainee an Iraqi decision issued in accordance with Iraqi law and pursuant to Article 4. operations that respects Iraqi sovereignty, promotes Iraqi rule of 2. In the event United States Forces detain or arrest persons law, and maintains pressure on threat networks IOT facilitate as authorized by this Agreement or Iraqi law, such persons sustainable security and stability in Iraq. must be handed over to competent Iraqi authorities within 24 hours from the time of their detention or arrest. 3. The Iraqi authorities may request assistance from the United States in detaining or arresting wanted individuals. Approved MNC-I CDRs Intent 4. In full and effective coordination with the Government of Iraq, upon entry into force of this Agreement, and unless Purpose: Detain threat individuals IAW the proposed Security Agreement to otherwise requested by the Government of Iraq pursuant to facilitate a seamless transition to a post-UNSCR operating environment. and in accordance with Article 4, all detainees in the custody of the United States Forces shall be released in a safe and Key Tasks: orderly manner. The United States Forces shall ensure that •Conduct detainee operations within the bounds of USG authority and upon the effective date of this Agreement all appropriate respect of Iraqi law/sovereignty/Constitution information regarding all detainee cases is provided to Iraqi •Develop evidentiary-based methodology for detention operations officials. The United States Forces shall, upon presentation of •Continue to exploit high value detainees (HUMINT) a valid Iraqi arrest warrant, turn over custody of the requested •Work by, with, and thru Iraqi cops, courts, and corrections officials detainee to appropriate Iraqi authorities. Appropriate Iraqi •Develop habitual working relationships with local judicial and criminal authorities shall work jointly with the United States Forces on this mission during this temporary period. officials/leaders 5. United States Forces may not search houses or other real •Do not overburden Iraqi judicial and prison capacities estate properties except by order of a judicial warrant except End State: Those that pose a threat to the stability and security of Iraq in the case of actual combat operations conducted pursuant to detained in either GoI or US custody. HUMINT gathered. CFs conducting Article 4 and in coordination with relevant Iraqi authorities. detainee operations IAW Iraqi law, and with respect for Iraqi sovereignty, while maintaining pressure on threat networks. Iraqi criminal & judicial systems postured for sustained processing of threat individuals. UNCLASSIFIED 39
  36. 36. UNCLASSIFIED SIGINT vs. Warrant Comparison CCCI/Karkh Security Intelligence Collection Collection of Admissible Evidence Detainee MOJ Prison Legal TIF Intelligence Criminal Actionable Detain Review Intel Collection Detainee To GOI System Release Collect intelligence with eye toward admissible evidence and future prosecution CF Criminal Case CCCI/Karkh Intelligence Collection 24 Hour CF Evidence Investigative Exploitation Release Review by IJ Review Hearing Actionable Intel & Sufficient Evidence ISF Criminal CCCI/Rusafa Detain WARRANT Case OPERATIONAL NEEDS SOFA REQUIREMENTS •Joint facility •Detainees must be handed over to ISF within •CF facility w/ ISF presence v ISF facility with TT 24 hours •CF may detain if witness crime or have a like presence •Continued interrogation of detainees warrant for arrest •Classification constraints to evidence sharing •Joint Missions with ISF lead •Access to Iraqi justice system •Transfer of detainees from ISF to CF at •Continued engagement with local courts at BCT IPOC level •Refined training on standards and procedures UNCLASSIFIED 40
  37. 37. WARRANT-BASED TARGETING And you thought Cherry Pie Rocked!
  38. 38. UNCLASSIFIED UA 1138: Abu Obringer Offense(s) / Incident(s) Shia Fill this block with 5 Ws: Sunni Who: Abu Obringer What: Facilitator AQI When: Nov 07 to Present BKH Where: Abu Guraib, Ghaz AAH Why: USE Detained Evidence Warrant Request Initiated Pressure the Pursue 2 or more Network thru •Physical Evidence: BATS/HIIDE Warrant Evidence Collection Quantity Evidence -Statements (Witness/Detainee) 1 -Biometric Lab Reports •Statement: witness statements from Abu Schellack and Attack Abu Koon -Pictures of Evidence Pass to BOC 0 Network & INIS thru HVIs -Pictures of Evidence with Suspect Not an HVI BCT HVI DIV HVI Target Value -Latent Fingerprints •SIGINT: N/A -Crime Scene Pictures -Crime Scene Diagram •Other: Packet Translated Completed Packet to Iraqi Judge (IJ) In Progress Warrant Issued Incomplete Prosecution Packet UNCLASSIFIED 42
  39. 39. UNCLASSIFIED MND-B Soldier Rules – How We Support the Security Agreement • (U) The Security Agreement is a historic milestone. On 1 January 2009, our mission continues—no change. We protect the Iraqi people with our Iraqi Security Force partners. • (U) We always remain on duty and vigilant. We never relax our posture. • (U) We respect Iraqi law and support Iraqi sovereignty. • (U) We adapt our actions to change the ways we operate as a result of the Security Agreement:  (U) We conduct all combat operations combined with our Iraqi Security Force partners.  (U) We operate in accordance with our rules of engagement. Our rules of engagement continue to empower us to act in self defense and in defense of the Iraqi people, and require us to intervene as necessary to stop and report violations of the Law of Armed Conflict and Iraqi law.  (U) Within cities, we occupy joint security stations with our Iraqi Security Force partners.  (U) We limit non-mission essential military traffic to non-peak hours (1600-0800 HRS).  (U) We adjust certain flight routes over the city to minimize our visible signature. MEDEVAC flights continue to take the most direct route to a medical treatment facility.  (U) We detain with a warrant issued by an appropriate Iraqi judge and with the knowledge of our Iraqi Security Force partners. We retain the ability to detain or action without a warrant if an individual is caught in the act of committing a crime or a terrorist act.  (U) Within 24 hours of detention, we must turnover detained individuals to a competent Iraqi authority for disposition and abide by that disposition.  (U) Soldiers or US Government civilian employees will not be detained by Iraqi authorities. We are always on duty and therefore under the jurisdiction of the United States. • (U) We are American Soldiers and live by the Soldiers’ Creed. UNCLASSIFIED ver 43 1.1
  40. 40. UNCLASSIFIED MND-B Guidance • Ironhorse 6 Directives – Conduct detentions within the spirit of the Security Agreement and with full disclosure to the GoI – Physically hand over detainee to competent Iraqi authority within 24 hours from the time and point of detention – Maintain the MND-B detention facility at Liberty – Establish two Division Interrogation Sites, one (1) at FOB Justice and one (1) at FOB OLD MOD • Division Guidance – 100% combined detention operations – Competent Iraqi Authority is a ISF BN CDR or above – BCTs request access to detainees through MND-B G2 for interrogations at one of the established Division Interrogation Sites – BCTs may request a GoI to USF transfer for a period of 14 days – New requirements for the TIF: Warrant/detention order and MFR of Competent Iraqi Authority requesting CF to retain custody UNCLASSIFIED 44
  41. 41. UNCLASSIFIED Questions? william.obringer@us.army.mil UNCLASSIFIED 48

×