Copy of FM 1-04 FEF 23Mar09 - BITS

1 FM 1-04 (27-100) Legal Support to the Operational Army April 2009 DISTRIBUTION RESTRICTION. Approved for public release; distribution is unlimited. Headquarters, Department of the Army This publication is available at Army Knowledge Online ( ) and General Dennis J. Reimer Training and Doctrine Digital Library at ( ). *FM 1-04 (27-100) Distribution Restriction: Approved for public release; distribution is unlimited. *This publication supersedes FM 27-100, 1 March 2000. i Field Manual No. 1-04 Headquarters Department of the Army Washington, DC, 15 April 2009 Legal Support to the Operational Army Contents Page PREFACE.

2 Iii INTRODUCTION .. iv Chapter 1 LEGAL SUPPORT TO OPERATIONS: AN OVERVIEW .. 1-1 The Judge Advocate General s Corps Mission .. 1-1 Legal Issues in Operations .. 1-1 The Evolution of Operational Law .. 1-1 The Judge Advocate s Role .. 1-2 The Legal Administrator s Role .. 1-2 The Paralegal Soldier s Role .. 1-3 Chapter 2 FUNDAMENTAL CONCEPTS OF ARMY DOCTRINE .. 2-1 Army Doctrine Fundamental Concepts .. 2-1 Full Spectrum Operations .. 2-1 Operational Themes .. 2-3 The Warfighting Functions .. 2-6 The Operations Process .. 2-9 Chapter 3 REQUIREMENTS IN THE MODULAR FORCE .. 3-1 Transformation.

3 3-1 Brigade Combat Teams .. 3-2 The Division .. 3-2 The Corps .. 3-3 Theater Sustainment Command .. 3-3 Theater Army .. 3-3 The Judge Advocate General s Corps Materiel Requirements .. 3-4 Chapter 4 ROLES, RESPONSIBILITIES, AND WORKING RELATIONSHIPS .. 4-1 Working Relationships and Professional Responsibility Considerations .. 4-1 Brigade Legal Section .. 4-1 The Office of the Staff Judge Advocate .. 4-5 Contents ii FM 1-04 15 April 2009 The Office of the Staff Judge Advocate Brigade Legal Section 4-7 Army Trial Defense Service .. 4-9 The Office of the Staff Judge Advocate s Brigade Legal Section Army Trial Defense Service Relationship.

4 4-10 Chapter 5 THE CORE LEGAL 5-1 Military Justice .. 5-1 International and Operational Law .. 5-3 Administrative and Civil Law .. 5-5 Contract and Fiscal Law .. 5-7 Claims .. 5-8 Legal Assistance .. 5-9 Chapter 6 PLANNING .. 6-1 The Judge Advocate General s Corps Support to Planning .. 6-1 The Planning Process .. 6-1 The Military Decisionmaking Process .. 6-2 Appendix A RULES OF ENGAGEMENT, RULES FOR THE USE OF FORCE, AND TARGETING .. A-1 Appendix B DETAINEE OPERATIONS .. B-1 Appendix C STABILITY OPERATIONS .. C-1 Appendix D RULE OF LAW .. D-1 Appendix E LEGAL SUPPORT IN CIVIL AFFAIRS UNITS .. E-1 Appendix F CIVIL SUPPORT OPERATIONS.

5 F-1 Appendix G FINANCIAL MANAGEMENT AND DEPLOYMENT CONTRACTING .. G-1 Appendix H LESSONS LEARNED .. H-1 GLOSSARY .. Glossary-1 REFERENCES .. References-1 INDEX .. Index-1 Figures Figure 2-1. Full spectrum operations .. 2-2 Figure 2-2. Operational themes .. 2-3 Figure 2-3. The operations process .. 2-9 Figure A-1. A sample targeting decision model .. A-9 Figure H-1. Sample lessons learned .. H-2 15 April 2009 FM 1-04 iii Preface FM 1-04, Legal Support to the Operational Army, replaces FM 27-100, Legal Support to Operations, as the Army s keystone manual for operational legal doctrine.

6 This manual provides authoritative doctrine and practical guidance for commanders, judge advocates, legal administrators, and paralegal Soldiers across the spectrum of conflict. It outlines how the Judge Advocate General s Corps (JAGC) will be organized in accordance with the Army s modular force design. It also discusses the delivery of legal support to the modular force. Traditionally, the JAGC identified its core legal disciplines as military justice, international law, administrative law, civil law, claims, and legal assistance. This manual recognizes the importance of these critical areas; however, it expands and reorganizes the concept of core legal disciplines to help synchronize these concepts with operational experience and Army doctrine.

7 The core legal disciplines are now military justice, international and operational law, administrative and civil law, contract and fiscal law, claims, and legal assistance. This manual does not address the law of armed conflict, The Hague Conventions, or the Geneva Conventions in detail. For a more comprehensive treatment of those areas, refer to FM 27-10, The Law of Land Warfare. This publication applies to the Active Army, the Army National Guard (ARNG)/Army National Guard of the United States (ARNGUS), and the United States Army Reserve (USAR) unless otherwise stated. The proponent of this publication is the United States Army Training and Doctrine Command (TRADOC).

8 The preparing agency is The Future Concepts Directorate, The Judge Advocate General s Legal Center and School (TJAGLCS), Army. Send written comments and recommendations on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Commander, The Judge Advocate General s Legal Center and School, Army, ATTN: CTR-FC, 600 Massie Road, Charlottesville, VA 22903-1781. Send comments and recommendations by e-mail to Follow the DA Form 2028 format or submit an electronic DA Form 2028. iv FM 1-04 15 April 2009 Introduction Transforming the Army into a force capable of meeting the unique challenges of the 21st century is a monumental task.

9 To this end, the Army has been involved in the most significant institutional change in its history. Using lessons learned from training, combat, and contingency operations, and drawing on the collective knowledge and experience of Soldiers and leaders at every level, the Army has undertaken an innovative redesign of its organizations, force structure, and doctrine. All of these changes have been undertaken with a single goal in mind: to make the Army a more relevant, ready force; one that is capable of rapidly projecting overwhelming land combat power to the right place at the right time. In concert with these efforts, the Army has gone to great lengths to develop many technologically advanced systems that will enhance its success on the battlefield.

10 Finally, in the midst of these sweeping changes, the Army s senior leadership has continued to emphasize that the individual Soldier is the Army s most important asset; that humans are always more important than hardware. In keeping with these themes, there is a continued emphasis throughout the Army on the Warrior Ethos and on the idea that Soldiers, whatever their branches or military occupational specialties, are warriors first. The Judge Advocate General s Corps (JAGC) has been fully engaged in the Army transformation processes from the outset, and it remains engaged today.