.

Legal Support to 

Operations

Air Force Doctrine Document 1-04

4 March 2012

This document complements related discussion found in Joint Publication 1-04,

Legal Support to Military Operations.
BY ORDER OF THE AIR FORCE DOCTRINE DOCUMENT 1-04

SECRETARY OF THE AIR FORCE 4 MARCH 2012

SUMMARY OF CHANGES

This revision restructures the entire publication for better presentation of key 

ideas. The publication’s title changed to better align with legal support provided to the 

commander, Air Force forces (COMAFFOR). This AFDD discusses the Judge Advocate 

General and command fundamentals (Chapter One); expands discussion on the 

command and organization of Air Force judge advocate general corps personnel 

support (Chapter Two); and identifies key aspects of judge advocate general support to 

Air Force operations, to include readiness and planning (Chapter Three).

Supersedes: AFDD 2-4.5, 15 May 2003

OPR: LeMay Center/DDS

Certified by: LeMay Center/DD (Col Todd C. Westhauser)

Pages: 55

Accessibility: Publications are available on the e-publishing website at www.e-publishing.af.mil for

 downloading

Releasability: There are no releasability restrictions on this publication

Approved by: Thomas K. Andersen, Major General, USAF

 Commander, Curtis E. LeMay Center for Doctrine Development and Education 
FOREWORD

Air Force Doctrine Document (AFDD) 1-04, Legal Support to Operations, 

establishes Air Force doctrine focused on legal advice and considerations for Air Force 

operations. The Air Force, like other Services, continues to operate in an increasingly 

complex environment around the world, demanding nothing less than the very best in 

legal capability. This document represents best practices and other sanctioned ideas 

regarding legal aspects of Air Force operations across the range of military operations. 

For over 60 years, the Air Force has possessed organic legal support in both the Office 

of the General Counsel and the Judge Advocate General (JAG) corps. On 25 June 

1948, the US Congress established the office of The Judge Advocate General (TJAG), 

and, a year later, the Air Force Chief of Staff designated Air Force officers—who are 

attorneys—to serve as JAGs. In 2003, the JAG Department was renamed the “JAG 

corps” by order of the Secretary of the Air Force.

The Office of the Judge Advocate General (JA) and the Office of the Air Force 

General Counsel (GC) work together to serve the Department of the Air Force. The 

relationship between GC and JA is unique. Both the General Counsel and TJAG are 

legal advisers to the Secretary of the Air Force and Chief of Staff of the Air Force with 

right of independent access and independent legal advice to those officials. JA and GC 

work in a complementary manner on a wide variety of issues. As such, this AFDD does 

not address the roles and responsibilities of GC, issues may arise in the field that fall in 

areas for which GC is responsible.

Legal support to Air Force commanders is critical to mission success. They turn 

primarily to their JAGs for insight into the law and its impact on Air Force operations. 

Proper legal counsel enhances commanders’ successful decision-making ability, aiding 

in mission success.

THOMAS K. ANDERSEN

Major General, USAF

Commander, LeMay Center for Doctrine 

Development and Education
iii

TABLE OF CONTENTS

PREFACE ....................................................................................................................... v

CHAPTER ONE— Judge Advocate General and Command Fundamentals .................. 1

The Power of Command.............................................................................................. 1

Commander of Air Force Forces (COMAFFOR) Legal Roles and Responsibilities ..... 2

Mission Accomplishment.......................................................................................... 2

Compliance with the Law ......................................................................................... 2

Maintaining Domestic and Foreign Contracts .......................................................... 4

CHAPTER TWO— Command and Organization of JAG Corp Support .......................... 5

JAG Corps Organization.............................................................................................. 5

Air Force Legal Operations Agency ......................................................................... 6

Staff Judge Advocates ............................................................................................. 6

Staff Judge Advocate to the COMAFFOR Organization.............................................. 7

Organization and Manpower.................................................................................... 8

Primary Functions and Capabilities.......................................................................... 8

Strategy Division ...................................................................................................... 9

Combat Plans Division ........................................................................................... 10

Combat Operations Division .................................................................................. 10

Air Mobility Division................................................................................................ 11

CHAPTER THREE—JAG Corps Support to Air Force Operations ............................... 12

Command and Control........................................................................................... 12

Air Warfare............................................................................................................. 13

Operations in an Irregular Warfare Environment.................................................... 13

Cyberspace Operations ......................................................................................... 14

Air Mobility Operations ........................................................................................... 14

Space Operations .................................................................................................. 14

Special Operations................................................................................................. 14

Homeland Operations ............................................................................................ 15

Information Operations........................................................................................... 15

Global Integrated Intelligence, Surveillance, and Reconnaissance........................ 16

Rescue Operations ................................................................................................ 16

Agile Combat Support............................................................................................ 16

Air Reserve Considerations ................................................................................... 16

Air Force Legal Readiness ........................................................................................ 17

Mission Readiness of JAG Corps Personnel............................................................. 17

Expeditionary Legal Support .................................................................................. 18

Essential Level of Services and Contingency Mitigation Planning ......................... 18

JAG Mission Readiness Preparation...................................................................... 18

Contingency Operations ............................................................................................ 19

Legal Basis for Mission .......................................................................................... 19

Status of Forces..................................................................................................... 19

Planning, Coordination, and Oversight................................................................... 19

Military Justice........................................................................................................ 20

Claims .................................................................................................................... 20

Rules for the Use of Force ..................................................................................... 20
iv

Force Protection and Base Defense ...................................................................... 20

Noncombatants and Noncombatant Property ........................................................ 21

Contractors and Other Civilians Accompanying the Force..................................... 21

Fiscal and Contracting Issues ................................................................................ 21

Return of Non-Air Force Property and Facilities..................................................... 21

Operations Planning .................................................................................................. 21

Contingency Planning ............................................................................................ 22

Crisis Action Planning ............................................................................................ 22

Rules of Engagement (ROE)..................................................................................... 23

Purposes................................................................................................................ 23

Principles ............................................................................................................... 24

Characteristics ....................................................................................................... 25

JAG Staff Role in ROE Development..................................................................... 25

Rules for the Use of Force......................................................................................... 28

CONCLUSION .............................................................................................................. 29

APPENDIX A—Legal Considerations in Air Force Operations...................................... 30

APPENDIX B—Deliberate and Crisis Action Planning Tables ...................................... 36

APPENDIX C—Legal Readiness Considerations ......................................................... 39

APPENDIX D—ROE Considerations ............................................................................ 42

APPENDIX E—Overview of US Code Sections Impacting the Department of Defense 45

REFERENCES.............................................................................................................. 46

GLOSSARY .................................................................................................................. 47
v

PREFACE

This AFDD focuses on fundamental principles, organization of legal support, and 

conduct of legal support operations by JAG corps personnel. 

Chapter One, Judge Advocate General and Command Fundamentals, describes 

the power of command and fundamental Air Force legal aspects of command. It also 

details the legal roles and responsibilities of the (COMAFFOR) to include: mission 

accomplishment, compliance with the law, and maintenance of domestic and foreign 

contracts.

Chapter Two, Command and Organization of Air Force JAG Corps Support, 

introduces JAG corps organization including: TJAG, the Air Force Legal Operations 

Agency (AFLOA), and Staff Judge Advocates (SJA). It describes the integration of legal 

support into the air operations center divisions. 

Chapter Three, JAG Corps Support to Air Force Operations, describes how the 

Air Force conducts legal support operations. It discusses legal considerations across 

the range of military operations, operations planning, Air Force legal readiness, mission 

readiness of JAG corps personnel, rules of engagement, and rules for the use of force.

Five appendices complement this AFDD by expanding concepts presented within 

the chapters. These appendices provide additional legal considerations for Air Force 

operations, deliberate and crisis action planning, legal readiness considerations, rules of 

engagement, and US code sections.

This document applies to all Airmen.
1

CHAPTER ONE

JUDGE ADVOCATE GENERAL AND COMMAND FUNDAMENTALS

This chapter discusses the power of command and fundamental Air Force legal 

aspects of command. It also details the legal roles and responsibilities of the 

commander, Air Force forces (COMAFFOR) to include: mission accomplishment, 

compliance with the law, and maintaining domestic and foreign contracts. Because the 

COMAFFOR is normally dual-hatted as the joint or combined force air component 

commander (JFACC/CFACC), “the requirements and responsibilities of the 

COMAFFOR and JFACC/CFACC are inextricably linked”.

1

 However, this document is 

written specifically to inform the Air Force commander about the legal support available 

to him and will refer to the COMAFFOR, even in instances where that individual is also 

likely the JFACC/CFACC.

THE POWER OF COMMAND

The COMAFFOR is responsible for ensuring that Air Force forces 

understand and comply with legal requirements. The COMAFFOR’s staff judge 

advocate (SJA) is responsible for providing timely and effective legal advice to 

the COMAFFOR. Effective discharge of this responsibility requires commanders to 

understand their legal responsibilities and the capabilities of an SJA. The commander’s 

legal authority is derived from the Constitution and from statutes enacted by Congress. 

The legal directives that provide for a commander’s authority are only part of the 

equation.

The power and responsibilities of command are distinctive elements of military 

operations. How commanders wield this power can determine success or failure of the 

mission according to the following principles:

 1 See AFDD 1.

“The High Contracting Parties at all times, and the parties to the conflict 

in time of armed conflict, shall ensure that legal advisers are available, when 

necessary, to advise military commanders at the appropriate level on the 

application of the conventions and this protocol and on the appropriate 

instruction to be given to the armed forces on this subject.”

Geneva Additional Protocol I

Article 82

Although the US is not a party to Protocol 1, the US considers this to be 

a good practice.
2

 Command is the responsibility of an individual, not a staff. 

 Command is exercised by virtue of the office and the assignment of officers holding 

military grades who are eligible by law to command. 

 A commander can exercise command authority through subordinate commanders. 

 Vice and deputy commanders have no command functions. However, they assist 

the commander via planning, investigating, and providing recommendations.

 Some command authorities may be delegated; however, the responsibilities of 

command may never be delegated. 

The concept of command embodies two important functions. First, it is the legal 

authority over people, including the power to discipline. Second, command is the legal 

responsibility for assigned resources and mission accomplishment. 

COMAFFOR LEGAL ROLES AND RESPONSIBILITIES

The role of a commander is unlike any position found in the civilian world, and 

unlike almost any other found in government. A COMAFFOR not only has the legal 

authority to perform various roles and responsibilities, but also has the corresponding 

legal obligation to meet requirements defined by their roles and responsibilities. 

Accordingly, commanders are accountable for the following:

 Mission accomplishment.

 Compliance with the law, to include:

  US law.

  Local or host-nation law, when required.

  International law, as appropriate.

 Maintaining domestic and foreign contracts (as required for mission 

accomplishment).

Mission Accomplishment

A COMAFFOR’s foremost legal responsibilities are to follow the orders of their

superior joint force commander (JFC) and accomplish the assigned mission or task. 

The COMAFFOR’s immediate task is to organize, and when directed, employ an 

effective fighting force responsive to orders in a disciplined and effective manner.

Compliance with the Law 

Public confidence in the military is maintained and strengthened by Airmen, 

particularly commanders, performing their responsibilities in a manner that is objective, 
3

fact-based, non-partisan, and non-ideological. A commander’s credibility is based on 

objectivity in discharging his or her responsibilities. The continued viability of the 

commander’s legal authority, particularly the authority to maintain good order and 

discipline, depends upon public and US government belief that commanders can be fair 

and objective. Objectivity includes the perception of independence: Maintaining

impartiality, having intellectual honesty, and remaining free of conflicts of interest. 

Maintaining objectivity includes a continuing assessment of relationships, particularly 

with private entities, in the context of a commander’s responsibility to the public.

United States Law 

Every Airman makes a solemn promise to “support and defend the Constitution 

of the United States against all enemies, foreign and domestic, and bear true faith and 

allegiance to the same.” Commanders bear the burden of ensuring Air Force personnel 

comply with US law. It is their responsibility to ensure good order and discipline. 

George Washington once stated, “Discipline is the soul of the Army.” The original, and 

still most important, SJA mission is supporting the commander in administering good 

order and discipline. Effective command and control of a force can only be exercised if 

that force maintains good order and discipline.

Local or Host-Nation Law

In many cases, the Air Force is not directly bound by local or host-nation laws. In 

the US, many state laws do not bind the Air Force since it is a federal entity. In the 

overseas environment, the Air Force is often not bound by host-nation law due to basing 

agreements or status of forces agreements (SOFAs) allowing Air Force operations. 

It is important for the commander and local authorities to fully understand the 

extent to which the Air Force is bound by any host-nation law. A further challenge is 

ensuring individual Airmen comply with host-nation or state law. Whereas the Air Force 

as an entity may not have to comply, there is a much greater chance that individual 

Airmen will be expected to comply with local law. Here the commander has a critical 

role to ensure local authorities are respected to the maximum extent possible, while 

maintaining fair treatment of Airmen. JAGs provide advice on local and host-nation law. 

When compliance issues arise, they negotiate with local and state authorities on a 

commander’s behalf.

International Law

International law is a highly complex aspect of international relations that is 

becoming increasingly important in the context of military operations. Some aspects of 

international law are well known to the commander, such as the law of armed conflict 

(LOAC). Others may not be well known, such as the concept of international human 

rights. JAG training results in a basic understanding of international law. The SJA 

maintains a group of JAGs who are specially trained to provide advice and support to 

the commander on applicable international law issues. 
4

Maintaining Domestic and Foreign Contracts 

Contracting (with non-military organizations) is often required for mission 

accomplishment. While there are mechanisms in place for subordinate personnel to 

work the processes to commission and manage contracts, the contracting officer is 

primarily responsible for advising the commander on contracting issues. Many 

contracts between the Air Force and non-military organizations are complex. JAGs can 

provide the understanding commanders require in the highly regulated realm of 

contracting relationships (both domestic and foreign). The commander’s actual legal 

authority may not be commensurate with his perceived responsibility to maintain or 

develop a contract. For accurate understanding of contractual obligations and 

responsibilities, commanders should consult their JAGs. 
5

CHAPTER TWO

COMMAND AND ORGANIZATION OF JAG CORPS SUPPORT

This chapter describes the Air Force JAG organizational structure and JAG 

Corps organization including: The Judge Advocate General (TJAG), the Air Force Legal 

Operations Agency (AFLOA), and SJA. It describes the integration of legal support into 

the Air Operations Center (AOC).

JAG CORPS ORGANIZATION 

The Judge Advocate General 

Under federal law, TJAG is the legal advisor to the Secretary of the Air Force 

(SECAF), the Chief of Staff of the Air Force (CSAF), and all officers and agencies of the 

Department of the Air Force. TJAG directs Air Force JAGs and paralegals in the 

performance of their duties. 

Federal law also provides that no officer or employee of the Department of Defense 

may interfere with:

 The ability of TJAG to give independent legal advice to the SECAF or CSAF.

 The ability of JAGs assigned or attached to, or performing duty with, military units to 

give independent legal advice to commanders.

The Air Force JAG Corps organization includes the following personnel: 

 TJAG and Deputy Judge Advocate General (DJAG). 

 All other Air Force officers designated as JAGs.

 Airmen in the paralegal services career field and those assigned duties in JAG 

offices at any level of command.

 Civilian attorneys and legal services civilians supporting the JAG Corps mission.

JAG CORPS MISSION 

Under the direction of The Judge Advocate General, the JAG Corps 

delivers professional, candid, independent counsel and full-spectrum legal 

capabilities to command and the warfighter.

JAG CORPS VISION 

Enabling the Air Force and the warfighter through mission-focused legal 

capabilities honed for a dynamic environment.
6

 Air Force Reserve Component officers designated as JAGs.

 Air Force Reserve Component enlisted personnel in the paralegal services career 

field and those assigned duties in JAG offices at any level of command.

Commanders should note that, despite any temporary duties a JAG may be assigned, 

they retain their status as a JAG Corps member. 

Air Force Legal Operations Agency

AFLOA is a field-operating agency comprised of more than 800 military and 

civilian attorneys, paralegals, and support personnel worldwide. AFLOA provides TJAG 

with civil, commercial, and criminal law expertise and litigation support, as well as legal 

education and cutting-edge technological assets. The divisions of AFLOA, including the 

JAG School and the JAG corps field support centers (FSCs), provide direct legal 

services and support throughout the Air Force. The AFLOA commander ensures that 

FSCs regularly communicate with SJAs to maintain effective lines of communication 

and ensure support to field commanders.

Staff Judge Advocates

The SJA is the senior JAG assigned to provide legal advice to a court-martial

convening authority (the Air Force commander with authority to convene general or 

special courts-martial). The convening authority is typically exercised by the installation 

or host unit commander. SJAs also provide legal advice and services to commanders

of tenant units served by the host unit. The principal responsibility of the SJA is to 

provide full-spectrum legal services required by commanders and their staffs. 

By law, commanders responsible for convening courts-martial should at all times 

communicate directly with the SJA in matters relating to the administration of military 

justice. By law, SJAs are authorized to communicate directly with the SJA of a superior 

or subordinate command or with TJAG. No officer or employee of the Department of 

Defense (DOD) may interfere with the ability of JAGs to give independent legal advice.

Field Support Centers

FSCs are TJAG’s primary vehicle for providing legal reachback support to field 

commanders through their SJA and JAG corps. FSCs provide added legal expertise 

concerning a particular legal issue by coordinating with, and acting through, a 

commander's SJA. As the commander's single focal point for all legal services, the SJA 

is solely responsible for identifying when a particular legal issue merits the additional 

legal expertise an FSC provides. If warranted, an SJA may seek FSC expertise in 

areas such as aircraft investigations, claims, government contracts, and environmental 

issues or labor issues.
7

STAFF JUDGE ADVOCATE TO THE COMAFFOR ORGANIZATION

The COMAFFOR has several staff activities that fulfill specific responsibilities. 

These activities are usually related to providing close, personal advice or services to the 

commander, or assisting the commander and the component staff with technical, 

administrative, or tactical matters. The COMAFFOR’s SJA provides the full spectrum of 

legal services and advice to the COMAFFOR and Air Force forces (AFFOR) staff. 

JAGs and paralegals focus on legal issues affecting the COMAFFOR’s ability to 

provide mission-ready air, space, and cyberspace capabilities, such as those relating to 

the planning; deployment; reception, staging, onward movement and integration;

sustainment; and redeployment of forces. With assistance from JAGs and paralegals, 

the COMAFFOR establishes and maintains good order and discipline for all members 

assigned or attached to an air expeditionary task force (AETF). The AFFOR SJA 

provides guidance and managerial oversight to all subordinate JAGs and paralegals. 

The AFFOR staff (also called the “A-staff”) and the air operations center (AOC)

have distinctly separate duties. Therefore, the AFFOR JAG corps personnel should not 

be dual-hatted as legal advisors to the COMAFFOR and AOC. Ideally, the AFFOR JAG

and paralegals liaise with AOC JAG corps personnel on LOAC and rules of engagement 

(ROE) issues. 

SJA duties to the COMAFFOR include the responsibilities to:

 Assess the impact of US laws, host-nation laws, and international agreements on 

the actions and planning of US and coalition forces (e.g., overflight issues, beddown, 

host-nation support, environmental laws, foreign criminal jurisdiction, legal status of 

multinational, and US personnel). 

 Assess the impact of international law (especially LOAC) and customary practices, 

on operations and personnel (e.g., status of civilians, contractors, detainees, and 

asylum seekers).

 Provide assessment and guidance on command relationships. 

 Assess the impact of fiscal and contracting authorities on operations. 

 Advise the commander on how to appropriately maintain good order and discipline. 

 Advise the COMAFFOR, AFFOR staff, and subordinate JAG offices on issues 

involving claims under either US law and directives or applicable international 

agreements and customary practice (e.g., recompense, claims for property damage, 

personal injury, or death).

 Advise the COMAFFOR and subordinate legal offices on the type, nature, and 

procedural requirements of investigations (e.g., criminal investigations, accident 

investigations, and friendly fire investigations). 
8

 Advise the COMAFFOR, AFFOR staff, and subordinate JAG offices on general legal 

issues related to combat support (e.g., ethics, foreign gifts, legal assistance, support 

to the Army and Air Force Exchange Service). 

 Advise the COMAFFOR, AFFOR staff, and subordinate JAG offices on issues 

regarding civil-military operations. 

 Assess law and policy governing domestic use of force and homeland security.

 Assess and advise the COMAFFOR on the availability and applicability of legal 

authorities and funding to support security cooperation activities with partner nations.

Organization and Manpower

Manning is based upon the expectation of full-time support and advice to the 

COMAFFOR, AFFOR staff, and subordinate JAG offices. The organization of the 

COMAFFOR’s JAG staff varies based on the scope of the operation and the number of 

subordinate forces. The COMAFFOR’s SJA determines the best way to organize 

subordinate JAGs and paralegals. A common practice is to organize by subject matter 

areas (e.g., military justice, international law, fiscal law, civil law, and claims). The SJA 

is responsible for identifying JAG corps personnel manning requirements for 

subordinate AFFOR units. 

COMAFFOR JAG corps personnel manning should be tailored appropriate to the 

operation with the goal of minimizing the forward footprint. Reachback and distributed 

staff capabilities should be considered when determining manning requirements. It also 

helps to ensure appropriate guidance and oversight is available for subordinate JAGs 

and paralegals. One known best practice is to select individuals with subject matter 

expertise in areas such as fiscal law/contracting, international law, military justice, and 

operational law. The staffing of subordinate units varies based on the mission and size 

of the subordinate unit being considered. A team of JAGs and paralegals with an 

appropriate mix of experience and training is desired.2

 

Primary Functions and Capabilities

JAGs and paralegals also contribute their expertise to air component planners in 

areas of domestic, foreign, and international law that directly affect the conduct of air, 

space, and cyberspace operations. To meet this challenge, JAGs and paralegals

should also have the relevant knowledge, experience, access, and training to function 

within a joint or multinational environment. Such training might include instruction about 

the laws governing air and space navigation, the rules governing the use of force, LOAC 

application, the targeting process, and joint operations planning.

 2 For example, an appropriate mix of experience and training may include a combination of fiscal law, 

contingency contracting, operations law, theater-specific training, accident investigation training, wartime 

planning, homeland defense, claims, contingency skills training, and the law of war.
9

INTEGRATION OF LEGAL SUPPORT IN THE AOC

JAGs and paralegals are usually integrated into the various divisions and cells 

within an AOC. Legal support to an AOC is categorized as a specialty team designed to 

assist the AOC commander and all AOC divisions. In addition, legal support is provided 

to assist special functions within a core team such as targeting and rules of engagement 

cells. As a specialty team, JAGs and paralegals are not directly assigned or dedicated 

to support a particular division, but are available to support demands from the entire 

organization.

The COMAFFOR should ensure their JAGs and paralegals are made part of the 

joint legal staff and the level of legal support meets the requirements of the AOC 

commander and the JFACC/CFACC if the COMAFFOR is so dual-hatted. The nature 

and scope of air operations, the operations tempo within the AOC, and the requirements 

of the supported commander normally determine JAG and paralegal resources given to 

the AOC. 

Legal support in an AOC is provided by JAGs and paralegals with training and 

security clearances commensurate with their duties. Paralegals assist JAGs in 

identifying legal issues and supporting functions and processes within an AOC, but only 

a JAG may provide legal advice or render a legal opinion. While the internal 

organization of an AOC will vary, paralegals provide services to enhance the mission of 

the AOC, and JAGs provide advice to lawfully achieve mission objectives.

Strategy Division 

JAGs and paralegals assist the strategy division by evaluating legal issues raised 

by the operational environment and the objectives of the supported commander. Within 

the strategy division, JAGs and paralegals concentrate on long-range planning to 

support the development, refinement, dissemination, and assessment of the 

COMAFFOR's plans and operations in support of the JFC’s strategy, and the joint air 

operations plan (JAOP). When supporting the strategy division, JAGs and paralegals

focus on long-range planning and execution rather than on the details of day-to-day 

operations. JAGs and paralegals give tailored legal services to support the planning 

requirements of the strategy division.

As the JAOP is developed and objectives are identified, JAGs and paralegals

review mission objectives found in the strategy and identify legal constraints that may 

restrict or prevent certain courses of action. JAGs assess the intent of the commander, 

analyze the proposed course of action in light of the limitations and constraints found in 

law, policy, or other guidance, and advise the commander on the lawfulness of each 

course of action. The primary role of the JAG is to ensure the proposed strategy, 

including branches and sequels, is consistent with the law, policy, and orders 

from commanders that govern the operation and to address any legal constraints 

that may affect joint or coalition forces.
10

Combat Plans Division

JAGs and paralegals provide commanders assistance in developing legally 

acceptable plans and orders that support the JAOP and the guidance issued by the 

JFC. Within the combat plans division, JAGs facilitate the conversion of strategic 

guidance into executable plans and orders.

JAGs and paralegals participate in a recurring planning process to assist 

commanders in identifying, prioritizing, and selecting specific tasks to be accomplished 

and targets to be engaged with available resources. In this capacity, JAGs advise

personnel who produce the following: targeting effects, master air attack plan (MAAP), 

air tasking order (ATO), and airspace control order (ACO). JAGs and paralegals

participate in target list development, production of the MAAP, drafting special 

instructions, and publishing the ACO and the final daily ATO. 

All proposed tactics, targets engaged, and weapons employed are reviewed by 

JAGs as requested. Their review focuses on operational compliance with international 

law, domestic law, and applicable national policy. JAGs focus on ensuring tactics, 

target engagement, and weapons employment are consistent with the LOAC and ROE. 

For example, a JAG may serve on a joint targeting coordination board or advise a 

commander on the requirements to protect cultural property and to minimize collateral 

damage during an air strike. Although the ultimate decision whether to strike a 

target rests with the commander, JAGs often review proposed targets and 

identify legal considerations.

Combat Operations Division 

Within the combat operations division, JAGs and paralegals concentrate on 

evaluating the legality of employment options designed to support the overall assigned

objectives. Accordingly, JAGs provide legal advice concerning personnel recovery 

operations and attacks on dynamic targets. For example, when attacking dynamic

targets, a JAG considers factors including the sufficiency and accuracy of target data, 

the requirements of the LOAC, compliance with the ROE, and safeguards against 

fratricide. Commanders should fully integrate JAGs and paralegals into combat 

operations processes so that orders will not unnecessarily restrict lawful actions 

or inadvertently permit unlawful activities.

JAGs and paralegals should maintain situational awareness to identify legal 

issues resulting from the execution of planned or time-sensitive operations. JAGs 

monitor and evaluate tactics, technology, capabilities, or other conditions to identify 

legal issues that may impact an operation. They recommend commanders modify, or 

forward a request to modify, the ROE when conditions or circumstances warrant 

changes to those rules. JAGs and paralegals give advice on the changing nature of 

operations during execution with the goal of ensuring the legal integrity of military 

operations. JAGs and paralegals that are properly integrated within the combat 

operations division are in the best position to understand and identify legal issues that 

may affect an operation. They remain available to provide immediate legal advice on 

targets of opportunity and other dynamic operational requirements. 
11

Because of the urgent nature of dynamic targets, JAGs provide critical legal 

advice immediately. Moreover, JAGs and paralegals should be forward-thinking, 

anticipating potential legal issues for time-sensitive targets. Commanders should be 

prepared to seek legal advice if conditions change during air operations. JAGs and 

paralegals assess targets and form sound legal opinions based on national and other 

policy, the ROE, and the LOAC to support the commander’s objectives.

When potential LOAC violations or instances of fratricide occur, one of two things 

take place: after mission execution, JAGs and paralegals review battle damage 

assessment information; and if commander directed, JAG staff initiate or assist in 

investigations. If a potential LOAC violation or instance of fratricide has occurred, 

has been reported, or is suspected, commanders should immediately involve 

their JAGs and paralegals. JAGs and paralegals must also report LOAC violations 

and instances of fratricide through the operational chain of command and take legal 

action to preserve evidence and information to support future investigations or inquiries. 

Air Mobility Division 

Within the AMD, JAG corps personnel advise on actions taken to plan, 

coordinate, task, and execute air mobility operations in support of a larger operation. 

For example, JAGs may advise the air mobility control team on interpretations of 

international agreements, risk to ground objects from airdrop, overflight rights, and 

landing rights.
12

CHAPTER THREE

JAG CORPS SUPPORT TO AIR FORCE OPERATIONS

This chapter describes how the Air Force JAG Corps conducts legal support to

operations. It discusses legal considerations across the range of military operations, 

operations planning, Air Force legal readiness, mission readiness of JAG Corps 

personnel, rules of engagement considerations, and rules for the use of force 

considerations.

JAG CORPS SUPPORT 

Air Force JAGs support all Air Force operations. However, some Air Force 

operations deserve special legal attention including: command and control (C2), air 

warfare; operations in an irregular warfare (IW) environment; cyberspace operations; air 

mobility operations; space operations; special operations; homeland operations; 

information operations (IO); intelligence, surveillance, and reconnaissance (ISR); rescue 

operations; agile combat support; and Air Reserve considerations.

Command and Control 

C2 are not only doctrinal concepts, but are also based on legal requirements and 

authorities. Command is the lawful authority of the commander derived from the 

Constitution and from statutes enacted by Congress. Control is the regulation of forces 

and functions to accomplish the mission in accordance with the commander’s intent 

(including Presidential and Secretary of Defense [SecDef] intent). Combatant 

commanders (CCDRs) are tasked by law to employ forces. In contrast, Service chiefs

are tasked to organize, train, and equip US military forces. As these differing 

responsibilities require different command relationships and levels of authority, the need 

to understand legal requirements and authorities becomes increasingly important. 

Because command authorities can be expressly created by statute, some 

agencies have unique command arrangements involving “dual-purpose” forces, such as 

to the Air Force Intelligence, Surveillance, and Reconnaissance Agency. “Dualpurpose” forces are funded and controlled by organizations that derive authority under 

laws contained in Title 10 and Title 50, United States Code (U.S.C.). See Appendix E 

for an explanation of U.S. Code. The greatest benefit of "dual-purpose" forces is their 

authority to operate under laws contained in Title 50 while being employed by 

combatant commanders, at the same time, using their Title 10 authority. JAG

consultation facilitates operations within dual statutory constructs. 

“The truth of the matter is that you always know the right thing to do. The 

hard part is doing it.”

—Norman Schwarzkopf 
13

Air Warfare

Virtually all aspects of air warfare have legal considerations. Attacks may be 

restricted by political considerations, military risk, as well as by international law, the 

LOAC, and ROE. Counterair, strategic attack, counterland, countersea, and personnel 

recovery operations all are affected by international and host-nation law, particularly the 

laws governing the sovereignty of a country’s land, maritime, and air boundaries. 

Counter-chemical, biological, radiological, and nuclear operations raise serious 

implications regarding the lawful use of weapons under the LOAC, as well as US 

obligations under international arms control treaties. JAG corps personnel have a vital 

role in training personnel and advising commanders on the legal aspects of targeting. 

The SJA to the COMAFFOR provides a dedicated legal staff to this practice. JAGs give

advice to the warfighter on the legal aspects of targeting.3

 

Operations in an Irregular Warfare Environment

Irregular warfare (IW) is defined as “a violent struggle among state and non-state 

actors for legitimacy and influence over the relevant populations. IW favors indirect and 

asymmetric approaches, though it may employ the full range of military and other 

capacities, in order to erode an adversary's power, influence, and will”

4

. The ROE for 

activities conducted in an IW environment are often constrained, due to the political and 

social sensitivities involved when the population, not the military, is the center of gravity. 

In irregular operations, contingencies can develop rapidly and in non-traditional 

locations; therefore, long-standing status-of-forces agreements (SOFAs) frequently do 

not exist. Legal constraints on the use of US funds, equipment, and supplies in support 

of non-US personnel may be complicated. Other legal challenges may include 

contingency contracting, the use of non-standard materiel, and the employment of local 

labor. 

Since US strategy is to assist partner nations in building their own security 

capabilities so they are better able to defend themselves, indirect IW approaches are 

becoming more widespread. The SJA to the AFFOR plays a critical role in the planning 

and execution of indirect IW activities by ensuring that the proper legal authorities and 

funding are available and identified for all security cooperation assistance, both materiel 

and non-material, provided to partner nations by US forces. If operations progress from 

indirect support and direct support (not including combat) to direct support (including 

combat), commanders should anticipate ROE adjustments. In addition, operations 

conducted in close proximity to civilians may present LOAC and ROE challenges. 

Commanders should be aware of the potential of rapidly changing ROE and the need to 

inform subordinates as these changes occur. Understanding commander’s intent and 

ROE can reduce the chances of tactical errors, which can result in strategic setbacks. 

See AFDD 3-24, Irregular Warfare.

 3 AFDD 3-0 Operations and Planning will expand this concept. It is currently in draft. 4 JP 1 Doctrine for the Armed Forces of the United States
14

Cyberspace Operations

Domestic and international legal considerations affect virtually every aspect of 

cyberspace operations. These may involve clarifying who has the authority to conduct 

what type of operation in cyberspace. It is important to ascertain whether a proposed 

activity or operation falls within the assigned mission of an Air Force organization. 

Further, a particular proposed activity or operation may implicate domestic legal issues 

such as Fourth Amendment rights, statutes designed to protect privacy or those statutes 

prohibiting misuse of or interference with satellites or other communications systems. 

Proposed cyberspace operations should also be reviewed for compliance with 

applicable international law including LOAC. Moreover, some particularly sensitive 

aspects of operations in cyberspace fall within the purview of the national intelligence 

community or other interagency members. JAGs should seek additional legal support 

as necessary by exercising reachback to appropriate headquarters Air Force (HAF) 

legal offices. See AFDD 3-12, Cyberspace Operations.

Air Mobility Operations

Since air mobility operations cover the globe, a broad range of legal issues arise 

during normal operations. Support from host nations involved in any air mobility 

operation is essential. Host-nation support is needed to ensure fuel availability for air 

mobility aircraft. It is paramount to obtain diplomatic clearances from a host nation for 

both overflight and landing. Past conflicts have demonstrated the ability, or lack thereof, 

to obtain diplomatic clearances has far-reaching impacts on air mobility efforts. Failure 

to adequately ascertain host-nation support and provide for any required augmentation 

can result in mission failure. 

JAGs help determine whether a SOFA or other agreements regarding US military 

presence in the host nation are in effect. If no SOFA or other agreement exists, and 

legal analysis of the situation/operation proves necessary, proceed in accordance with 

DOD Directive (DODD) 5530.3, International Agreements, and Air Force Instruction 

(AFI) 51-701, Negotiating, Concluding, Reporting, and Maintaining International 

Agreements, for direction on how to proceed. SOFAs normally include status of 

personnel, operating rights and responsibilities, possible exemption from landing fees, 

duties, taxes, boarding/inspection of military aircraft, or personnel entry requirements. 

Waiver of inspection and boarding of aircraft is essential to maintaining the sovereignty 

of US military aircraft. Additionally, if agreements are not understood or adhered to by 

personnel, mission failure is possible. See AFDD 3-17, Air Mobility Operations. 

Space Operations

The SJA maintains a cadre of JAGs specially trained in air and space law who 

understand the treaty, policy, and legal considerations associated with space 

operations. See AFDD 3-14, Space Operations.

Special Operations

Planning and execution of special operations may raise legal issues, including 

LOAC, use of force, fiscal law, environmental law, international agreements, and other 
15

legal considerations. The key to avoiding legal obstacles to mission accomplishment is 

early identification and resolution of potential legal issues before they affect mission 

success rates. Air Force SOF commanders should ensure qualified legal support is 

integrated into mission planning, ROE development and publication, aircrew and 

operator training, and actual mission execution. See AFDD 3-05, Special Operations.

Homeland Operations

There are general considerations to legal support regarding homeland operations 

and the law including financial reimbursement to the DOD. 

Any use of DOD assets to collect intelligence on US persons should be in 

accordance with DODD 5240.1-R, Procedures Governing the Activities of DOD 

Intelligence Components that Affect United States Persons. The Posse Comitatus Act

(18 U.S.C. §1385) prohibits using members of the Army and Air Force to execute laws 

in the civilian community, except when authorized by the Constitution or by act of 

Congress. Congress has passed numerous exceptions to the prohibition. Some 

examples include the President’s ability to invoke the Enforcement of the Laws to 

Restore Public Order Act (formerly the Insurrection Act), and legislation permitting some 

use of the military in direct law enforcement roles to counter the influx of illegal

narcotics. The exceptions, together with the President’s inherent authority under the 

Constitution, lead to the conclusion that Posse Comitatus does not constitute an 

insurmountable impediment to the appropriate use of US military resources in support of 

homeland operations. 

When managing the consequences of an event, states normally exercise primacy 

over domestic incidents. Only when states request federal assistance (or in 

extraordinary circumstances) does the federal government normally get involved. The 

request process is a key step for DOD because a formal request by the state followed 

by Presidential approval is necessary for a military Service to receive financial 

reimbursement.

5

Because of legal and policy complexities, prompt and frequent consultations with 

military legal experts are among the most important considerations in planning for and 

employing military assets in the homeland environment. See AFDD 3-27, Homeland 

Operations.

Information Operations 

There are basic legal considerations that should be taken into account during all 

aspects of IO planning and execution. JAGs are available at all levels of command in 

order to assist with these legal considerations. See AFDD 3-13, Information 

Operations.

 5 More information can be found in the Stafford Act (42 U.S.C. §§ 5121 et seq.).
16

Intelligence, Surveillance, And Reconnaissance 

There are numerous legal issues associated with ISR, especially if ISR 

operations might impact US persons. ISR activities should be coordinated with JAGs 

and paralegals to ensure compliance with the law and any existing ROE, as 

technological advances create numerous legal challenges. Manned and unmanned 

aircraft will continue to be subject to host-nation overflight and access restrictions in an 

area of responsibility (AOR). Those limitations are based on international law, custom 

and practice, and arrangements outlined in the DOD Foreign Clearance Guide. See 

AFDD 2-0, Global Integrated Intelligence, Surveillance, and Reconnaissance 

Operations.

Rescue Operations

JAG personnel provide legal advice to commanders on all aspects of air and 

ground rescue operations inside and outside the Air Force. Rescue operations consist 

of a number of specific tasks performed by Air Force units to recover isolated personnel. 

These operations may be performed in peacetime and wartime throughout the entire 

spectrum of peaceful and non-peaceful means with a high probability they will be 

conducted in a joint environment. Due to the quick actions needed to successfully 

perform rescue operations, JAG personnel familiar with these operations should be 

readily available to advise commanders and be involved from the beginning of rescue 

planning activities to the reintegration of recovered personnel. For additional 

information, see AFDD 3-50, Personnel Recovery Operations.

Agile Combat Support

JAG corps personnel provide legal advice to commanders on all areas of combat 

support to include budget, personnel, military justice, claims, SOFA, international 

agreements, contracting actions, and specialized support in multinational, civil-military, 

and combat operations. The JAG provides services that maximize the legal readiness 

of the force on both organizational and personal levels. See AFDD 4-0, Agile Combat 

Support.

Air Reserve Component (ARC) Considerations 

Special considerations exist in determining the command relationships when 

dealing with the Air National Guard (ANG) and the Air National Guard of the United 

States (when federalized).6

 6 Because both state Air National Guard and the Air National Guard of the United States relatively go 

hand-in-hand, they are both usually referred to as just Air National Guard (ANG).

 The commander exercises command over applicable ANG 

units and members when they are federalized and in Title 10 status. Administrative 

control (ADCON) for these federalized units is retained by the ANG Readiness Center. 

If full mobilization has occurred, command authority is given to the gaining commander. 

ANG units operating outside of the US or performing federal missions must be in Title 

10 status. When ANG personnel are involved in training for a federal mission (Title 32 

status), the operational commander may exercise training and readiness oversight, but
17

does not possess command authority. In this case, command authority remains with 

the state authorities. Title 32 status ANG members fall under the command authority of 

the adjutant general (TAG) of their state, and therefore their governor. If ANG members 

operate in Title 32 status outside of their state, but within the US, command authority 

remains with the TAG, but is subject to any coordinating authority or state-to-state 

agreements. If no pre-negotiated agreement exists, responsibilities such as support 

and force protection are normally coordinated between applicable commanders.

Similar considerations apply when dealing with the Air Force Reserve (AFR)

forces. AFR forces train and operate in a federal status under Title 10. They are similar 

to ANG forces in being a part-time force, in that they are not continually in an active duty

status, but they are subject to the UCMJ when performing official duties. The ARC

forces (which by statute include the ANG and the AFR) must be called to active duty as 

volunteers or involuntarily under specific statutory authority. AFR forces are 

commanded by the commander of Air Force Reserve Command (AFRC/CC). The 

AFRC/CC exercises command of AFRC units and members when they are in a military 

status. ADCON for these federalized units is retained by the AFRC/CC in all locations

short of full mobilization. When AFR forces are involved in training, and not actually 

engaged in combatant commander (CCDR) operations, the operational commander 

normally exercises training and readiness oversight.7 All ARC forces are only called to 

duty for specific periods of time. Care must be taken that their military status is lawfully 

maintained if it becomes necessary to extend their term of service.

AIR FORCE LEGAL READINESS

Air Force legal readiness is the state of preparation in which Air Force members 

are ready to deploy, both in their personal and mission capacities. Legal readiness 

involves awareness of the personal legal issues that may arise in preparation for or 

during a deployment and the remedies available to avoid or mitigate any adverse effects 

of those issues. Regarding the mission, legal readiness involves the ability of 

individuals and their organizations to deal with the legal aspects of the operational 

environment. 

Legal readiness has many facets: pre-deployment targeted legal advice, special 

and general powers of attorney, will and trust reviews, and general military legal 

counsel. Appendix A offers the commander additional legal readiness considerations.

MISSION READINESS OF JAG CORPS PERSONNEL 

The mission requirements of a location determine legal services needs. To 

achieve the level of JAG mission readiness needed, SJAs should first determine what is 

 7 More information about ARC use can be found in the current Global Force Management Implementation 

Guidance.
18

required to: support operations controlled, supported, or executed at or from the home 

station; prepare expeditionary legal support capabilities that are postured within their 

offices; and prepare to integrate legal support personnel identified to augment their 

offices. Therefore, the mission readiness of any JAG activity should be evaluated in 

terms of home station operations, expeditionary legal support, and home station 

augmentation. 

Expeditionary Legal Support 

Expeditionary legal support includes the services provided to support forwarddeployed forces. Expeditionary legal support consists of the personnel and equipment 

available to satisfy expeditionary requirements. This requires SJAs to understand their 

deployment contribution and availability. Expeditionary legal support also includes legal 

services provided through reachback. Reachback requires that home station resources 

(e.g., experts in various fields of practice, host-nation advisors, information, equipment)

be prepared and available to support forward-deployed forces through the chain of 

command. 

Essential Level of Services and Contingency Mitigation Planning

Each JAG activity determines the essential level of services to fulfill mission 

requirements by taking mission essential tasks and mandatory performance standards 

into account. Therefore, SJAs should closely monitor the essential levels of service

provided by their activity. They need to plan accordingly for potential changes (possibly 

caused by deployments or emergencies resulting in minimum manning or minimal 

resource situations). Forward planning of JAG activities should alleviate possible 

repercussions and assure full-time mission-essential task accomplishment. 

JAG Mission Readiness Preparation 

Although not an exhaustive list, JAGs and paralegals may participate in any or all 

of the following activities to prepare for support operations:

 Continuing legal education through civilian, joint, and multinational sources.

 Professional education through Air Force, joint, and multinational sources.

 Military engagement activities with domestic and foreign agencies and activities.

 Comparative law studies and interactions with host-nation legal representatives.

 Joint and multinational exercises and training.

 Operations planning involvement to direct, control, and sustain Air Force operations.

 Evaluation of legal principle application to missions, weapons systems, and tactics.
19

CONTINGENCY OPERATIONS

JAGs provide decision-makers at all levels with the analysis needed to evaluate 

options, assess risks, and make law-compliant decisions. During any deployment, 

Airmen usually face legal issues comparable to those from previous operations. While 

the topics below are not an exhaustive list, they provide a primer on the types of legal 

issues addressed by JAG corps personnel in the past. Therefore, JAG personnel 

remain prepared to address these common legal pitfalls. See Appendix A.

Legal Basis for Mission

The legal basis for a mission aids in defining the parameters, limitations, and 

scope of the operation. In order for commanders to determine the best course of action 

to accomplish the mission within the limits set forth by law, they should know the legal 

basis of the mission. For example, a United Nations (UN) Security Council resolution

may provide the legal basis for operating under the UN charter, the authority for the use 

of force, and the status of participating forces. JAGs assist commanders to focus on the 

mission, avoid mission creep, and work toward an appropriate end state.

Status of Forces

Commanders should be aware of any legal issues that may adversely affect the 

mission, including the potential applicability of local, host nation, and international law to 

Air Force personnel and missions. Determining the status of personnel supporting the 

military operation is vital. JAGs should ascertain the status of personnel to ensure they 

understand the rights and obligations in the host nation. 

Planning, Coordination, and Oversight 

JAG personnel perform a wide variety of planning tasks at the strategic, 

operational, and tactical levels. They provide legal advice on the myriad regulations, 

laws, policies, treaties, and agreements that apply to joint military operations. JAG

personnel actively participate in the entire planning process from analysis, to course of 

action (COA) development and recommendation, through execution. 

Strategic and operational planning typically occurs at the joint task force (JTF) or 

at higher echelons. JAG personnel who perform planning tasks at the tactical level 

typically do so as members at the wing level or below. 

JAG participation during operations planning at all levels is vital to mission

success. JAGs and paralegals should be integrated into the planning environment and 

have ready access to needed information and specific personnel who plan and execute

the operation. The legal advice provided by JAGs and paralegals is usually missionspecific. For example, supporting a commander who is tasked to provide close air 

support will have different legal issues than a commander who provides airlift and 
20

medical evacuation services. JAG corps personnel provide better legal advice if they 

understand the organization’s mission, weapons, and weapon systems.8

 

Military Justice

Air Force forces should maintain good order and discipline to function effectively 

and accomplish the mission. JAGs have a duty to ensure advice to commanders is 

proper so that justice is administered in a fair, consistent, and uniform manner. For 

example, there cannot be unjustified differences in punishments based on the status of 

offenders (e.g., officer versus enlisted, regular Air Force versus ANG and AFR). 

Especially when dealing with ANG and AFR forces, it is important to understand the 

concurrent military justice authority exercised by both the operational and administrative 

chains of command and the importance of consultation between commanders when 

contemplating military justice actions.

Claims

Prompt adjudication and payment of meritorious claims facilitates the mission by 

providing the host-nation population an avenue to submit claims for loss or damage 

because of US military operations. JAGs and paralegals are responsible for 

researching foreign claims procedures and making contact with other military claims 

activities within country as soon as possible. 

Rules for the Use of Force

The appropriate use of force against lawful targets is a primary concern of the 

commander. JAGs and paralegals should understand the legal aspects of the rule for 

use of force (RUF) for their operation. JAGs and paralegals should contact their 

primary ROE/RUF clients—commanders, aircrews, security forces (including 

augmentees), and SOF personnel to ensure the ROE and RUF facilitate 

accomplishment of the mission. Commanders should ensure that all personnel receive 

training in ROE and RUF.

Base Defense

Airmen, particularly security forces personnel, are responsible for detecting and 

engaging enemy forces that threaten sustained operations. JAG corps personnel 

should understand the unique legal issues associated with base defense. For example, 

personnel may be tasked to provide personal protection, escort conveys, or employ 

crew-served weapons and landmines. JAGs and paralegals should actively engage 

with Airmen performing base defense duties to ensure they understand the legal issues 

associated with their actions, ensure the ROE are appropriate for the mission, and 

investigate and report any potential LOAC violations. Airmen may also be required to 

operate outside the perimeter of the supported installation to detect potential threats. 

JAGs and paralegals should be prepared to address legal issues associated with the 

tactics or weapons that may be used by Airmen performing base defense duties. 

 8 AFDD 3-0 Operations and Planning will expand this concept. It is currently in draft.
21

Noncombatants and Noncombatant Property

In many cases, JAG corps personnel will be asked to provide legal advice on 

noncombatant legal issues, LOAC compliance, and LOAC violations. Decisions made 

concerning noncombatant personnel or property may have a legitimate operational 

purpose that complies with the LOAC, but JAGs should ensure such actions are 

properly documented in the event a commander is accused of violating the LOAC. 

Contractors and Other Civilians Accompanying the Force

Military operations are increasingly dependent on support from contractors and 

civilians accompanying the force. JAGs and paralegals should address legal issues 

associated with the employment of these vital support personnel. 

Fiscal and Contracting Issues 

Fiscal law is a potentially contentious issue in the deployed environment. Many 

locations witness increased contracting activity as they seek to expand or enhance their 

infrastructure and capabilities. Commanders should have a proactive approach, 

working closely with the JAG, contracting officer, civil engineer, comptroller, and others 

to ensure that proposed actions remain within the limits of the law. The same basic 

contracting and fiscal rules (such as the Anti-Deficiency Act9

) apply in the deployed 

environment as they do at home station. JAGs, in conjunction with contracting 

personnel, should assist commanders in ensuring only authorized personnel obligate 

the government. Special care should be taken to guard unauthorized personnel from 

entering into contracts and ensure the proper use of funds during the initial stages of a 

deployment when everyone is focused on “doing what it takes” to complete the mission. 

Return of Non-Air Force Property and Facilities 

The absence of a large forward-deployed force and our nation’s involvement in 

multiple military operations requires the Air Force to maintain an expeditionary force 

capable of deploying anywhere in the world at anytime. As a result, the Air Force may 

need access to property and facilities in support of military operations. At the outset, 

JAGs should consider what actions are required to return property and facilities back to 

the owner. Failure to address the liability of US use of private or foreign property and 

facilities use may result in negative consequences upon return of the property or 

facilities.

OPERATIONS PLANNING 

A COMAFFOR’s JAG corps personnel participate in deliberate and crisis action 

planning by assisting planners in the application of legal considerations and by 

recommending legally acceptable courses of action to the commander. They are 

responsible for providing legal advice to decision makers on the myriad of laws, policies, 

 9 31 U.S.C., paragraph 1341
22

treaties, and agreements that influence or impact air, space, and cyberspace 

operations. 

Deliberate Planning

Commanders should seek legal advice during each phase of the deliberate

planning process to ensure legal considerations are addressed (see Appendix B). 

JAGs and paralegals have the following responsibilities during this process:

 Ensure plans comply with relevant multilateral and bilateral international 

agreements, international law and domestic law, US government policy, and DOD 

guidance.

 Prepare the appropriate appendices and annexes to plans.

 Review the entire plan with a focus on areas with legal significance (e.g., legal 

authorities, targeting, fiscal considerations, host-nation support agreements, air 

navigation, use of force, and status of forces).

 Review relevant supporting plans to ensure appropriate appendices and legal 

annexes are complete and provide the necessary guidance.

 Ensure the amount and type of JAGs and paralegals have been identified to deploy 

in support of operations, or to support operations in-place. 

JAGs and paralegals should be thoroughly familiar with the plans they are tasked 

to support, the unique legal issues for the supported operational area, and the 

capabilities of the employment locations they may be tasked to support. The mission of 

each employment location will uniquely impact legal readiness requirements. 

Therefore, mission success requires advanced planning by all JAGs and paralegals. 

See Appendix B, Table B.1. for additional details about the legal support role in 

deliberate planning.

Crisis Action Planning 

The responsibilities of JAGs and paralegals during crisis action planning are 

similar to those during deliberate planning; however, the time available for legal support 

planning is compressed. JAGs and paralegals should be familiar with the crisis action 

planning process and be able to address legal considerations in each phase of the 

process as outlined in Appendix B, Table B.2.
23

Commanders at all levels are 

responsible for establishing ROE/RUF for 

mission accomplishment that comply with 

ROE/RUF of senior commanders, the Law of 

Armed Conflict, applicable international and 

domestic law and this instruction.

—Chairman of the Joint Chiefs of Staff 

Instruction (CJCSI) 3121.01B, Standing 

Rules of Engagement/Standing Rules for 

the Use of Force for US Forces,

13 June 2005

The staff judge advocate (SJA) assumes 

the role of principal assistant to the J-3 

[Operations] or J-5 [Plans] in developing and 

integrating ROE into operational planning.

—CJCSI 3121.01,

Standing Rules of Engagement for US 

Forces,

Enclosure L

RULES OF ENGAGEMENT 

ROE are rules that govern the use of force to reflect the will of the civilian 

and military leadership. ROE are defined as “directives issued by competent military 

authority that delineate the 

circumstances and limitations 

under which United States 

forces will initiate and/or 

continue combat engagement

with other forces 

encountered”

10. ROE 

constrain the actions of forces 

to ensure their actions are 

consistent with domestic and 

international law, national 

policy, and objectives. ROE 

are based upon domestic and international law, history, strategy, political concerns, and 

a vast wealth of operational wisdom, experience, and knowledge provided by military 

commanders and operators. Appendix D offers considerations to assist the commander 

with ROE development.

Purposes 

ROE ensure that any use of force is consistent with national security and policy 

objectives. Used chiefly to regulate the use of force, ROE either allow or limit the ability 

and means to employ force. ROE serve political, military, and legal purposes and

define the parameters within which Air Force personnel accomplish their missions. 

They ensure national policy and objectives are reflected in the actions of Air Force 

forces and set constraints on a 

commander's actions so they 

are consistent with domestic 

and international law and 

national policy. ROE help 

ensure the appropriate military 

capability is applied prudently 

and often reflect collateral 

limitations that restrict the use 

of force far beyond what is 

required by the LOAC. History 

has demonstrated that, to be 

most effective, ROE should 

represent a confluence of 

legal considerations, national 

policy objectives, and operational concerns. When the actions of military personnel 

and units are framed by the disciplined application of force through effective ROE, 

 10 JP 1-04 Legal Support to Military Operations
24

commanders can make sound judgments and select the best possible course of action 

to accomplish the mission.

ROE ensure that Air Force forces comply with the LOAC. Although not law, 

ROE derive much of their influence from the law. Air Force forces adhere to the LOAC 

and embrace the principles set forth therein, including the principles of military 

necessity, humanity, proportionality, and discrimination. ROE are an important 

mechanism to assist commanders in fulfilling their obligations under the LOAC and are 

often used to reinforce certain principles of the LOAC. 

Principles

Absent specific operational necessity, ROE should never impede the 

inherent right of self-defense of US forces. ROE for US forces should not limit a 

commander's inherent authority and obligation to use all necessary means available to 

take action in self-defense of the commander's unit and other US forces in the vicinity. 

The right and obligation of self-defense should be specified in every set of ROE and 

should never be compromised; for example, anticipatory self-defense serves as a 

foundational element in the Chairman of the Joint Chiefs of Staff (CJCS) standing rules 

of engagement (SROE), in the concept of hostile intent. US forces do not have to be 

the subject of a hostile act before responding in self-defense. Commanders at every 

echelon are responsible for establishing or requesting ROE for mission accomplishment 

that comply with ROE of senior commanders and the SROE.

By following the ROE principles outlined below, Air Force forces’ missions have a 

lesser possibility of being compromised and the chances of US political and military 

objectives being obtained are increased:

 ROE should complement US interests and military objectives. Commanders 

should impose restrictions on the use of force when justified to accomplish the 

mission. Restricting the use of force should be designed in accordance with the 

commander’s intent and mission planning guidance. A proper balance is essential 

to ensure Air Force forces appropriately respond to enemy forces, as political and 

diplomatic reasons may exist for controlling the use of force. Commanders should 

have the latitude and flexibility necessary to employ force to meet military objectives 

within a broad array of permissible boundaries.

 ROE should not be too specific or restrictive. ROE should restrict the use of 

force to prevent overreaction or unnecessary escalation of the conflict, but should be 

permissive enough to ensure friendly forces are not too limited. For example, ROE 

that are written too broadly may result in an unintentional escalation of conflict or the 

possibility of fratricide. By contrast, ROE that are too narrow may unnecessarily 

restrict the effects of Air Force operations.

 ROE should be current and responsive to change. Changing mission 

requirements equates to a constant review of ROE. ROE should account for 

changes in political or military objectives, the commander’s intent, and the threat to 
25

US forces. For example, ROE that govern information operations should be 

responsive to changes in the mission, environment, technology, and the evolving 

threat. Commanders should establish or request changes to the ROE to ensure the 

use of force is consistent with mission accomplishment and the commander’s intent.

 ROE should not diminish operational effectiveness. ROE should permit 

effective control over forces by the COMAFFOR. ROE should not be specific 

instructions for how to employ forces, as no set rules—no matter how lengthy or 

detailed—can address every possible scenario that combat forces may face while 

conducting operations. ROE should permit flexibility and enable the commander to 

maximize the contributions of airpower across the spectrum of conflict and support 

to operations.

 ROE should permit the timely and appropriate use of force. ROE should ensure 

force is applied in a well-disciplined manner, but should not delay the prompt 

execution of time-sensitive operations or attacks on targets of opportunity. 

Commanders should seek clarification or guidance through the chain of command,

or submit a request to modify the ROE, if the ROE are not clear or could jeopardize 

the prompt engagement of time-sensitive targets.

Characteristics 

Effective ROE allow commanders to apply the principles of war and the tenets of 

airpower to support national security objectives without constraining capabilities of

forces. To maximize operational effectiveness, ROE should:

 Be transparent and clearly linked to mission accomplishment.

 Be continually briefed to all Airmen by commanders, warfighters, and JAGs.

 Be tailored to the audience and easy to understand, remember, and apply.

 Be constantly reviewed for modification or amplification.

 Be simple, clear, brief, and seamless.

 Avoid excessively qualified language.

 Avoid mention of strategy or doctrine.

 Avoid restating the LOAC.

JAG Staff Role in ROE Development 

JAGs and paralegals do not own or control the ROE process, but serve as the 

principal advisor to the COMAFFOR and staff. The JAGs and paralegals have an 

affirmative duty to provide legal advice to commanders and their staffs that is consistent 

with the law and the governing ROE at all times. Ordinarily, JAGs provide legal advice 
26

to commanders who will select the most appropriate course of action to accomplish the 

mission. For example, during joint operations, a JAG assists in the development of 

ROE, but the operators (planning and executing in the operational chain of command) 

have the responsibility to formulate and submit ROE for approval to the COMAFFOR. 

In turn, the COMAFFOR presents proposed changes to the JFC. 

Developing ROE

JAGs and paralegals provide advice during all levels of operations planning to 

support and sustain ROE development. They advise commanders and their staffs 

throughout all phases of the joint operations planning process to help ensure ROE are 

legally acceptable, operationally feasible, and properly balanced against applicable law, 

national policy, and commander's intent and guidance. JAGs and paralegals should be 

involved early in the planning process to ensure effective ROE are developed. Early 

involvement ensures legal issues are identified and legally acceptable courses of action 

and supporting ROE are developed consistent with the commander’s intent. A thorough 

understanding of operational issues aids JAGs in preparing advice that allows 

commanders to achieve their objectives within the limits of the law and national policy. 

For example, to properly advise an operational commander, a JAG should be fully 

cognizant of the commander’s “no strike” and “restricted” target lists. Involved and 

engaged JAGs maximize planning efforts and help ensure proper ROE are developed 

to support mission accomplishment.

ROE should be developed to support the mission requirements of an operation 

and should be crafted to minimize delays in the execution of time-sensitive operations. 

For example, during all phases of an operation, from planning to execution, JAGs and 

paralegals tailor legal advice to support the targeting cycle. JAGs assist in the 

development of ROE that allow Air Force forces to attack time-sensitive targets

effectively.

ROE development and mission planning are collaborative processes and 

require significant staff integration. ROE development is best achieved when legal 

support and operators collaborate to develop ROE or request supplemental measures 

to fully implement the commander’s intent. JAGs advise operations and planning staffs 

on the legality of proposed ROE and, when necessary, recommend actions to ensure 

compliance with the law and policy. 

Interpreting ROE

An Air Force JAG’s ROE role is that of an interpreter and advisor, not a decision 

maker. JAGs and paralegals interpret ROE to support the execution of time-sensitive 

operations. Legal staff should understand the intent of the President, SecDef, CCDR, 

and subordinate commanders when preparing advice on ROE. A JAG’s primary duty is 

accurate counsel to command on the law and the commander's responsibilities with 

respect to the law. In this advisory capacity, JAGs focus on interpreting the ROE, the 
27

LOAC, and other guidance to develop legal recommendations that will advance the 

commander’s objectives. Thus, JAGs should be thoroughly familiar with international 

and domestic law, national policy, operations orders, and other information to interpret 

intent and meaning of ROE, effectively. After considering legal advice, commanders 

ultimately exercise their discretion, wisdom, and decision-making authority to select the 

best course of action that will comply with the law and further mission accomplishment.

JAGs and paralegals interpret ROE issued from multiple sources. Each 

operation has a unique set of ROE to support the needs of a particular mission. 

Generally, combatant commanders and higher authority establish ROE. ROE usually 

incorporates political, military, and legal concerns. For all US operations, the CJCS 

SROE is the starting point for ROE unless rules have been previously established in 

contingency plans or through agreements with other nations. Drafting ROE to support 

multinational forces under the operational control of a US or a foreign commander 

requires detailed coordination and a thorough understanding of the laws, policies, and 

political objectives of each contributing nation. JAGs and paralegals develop

comparative law studies that identify the legal requirements of each nation to ensure 

multinational ROE will not conflict with the obligations of each contributing nation. JAGs

support commanders by analytically interpreting legal requirements and obligations of 

other nations. They also deduce ROE from multiple sources.

Modifying ROE 

JAGs and paralegals assist commanders in modifying or requesting changes to 

the ROE. With few exceptions, ROE are fundamentally permissive in nature and allow 

commanders to modify or request changes to the ROE to support mission 

accomplishment. At various levels in the operational chain of command, ROE 

supplemental measures may be approved to allow or limit the use of force for mission 

accomplishment. JAGs and paralegals assist commanders in determining appropriate 

ROE and recommend changes when necessary. Commanders should seek 

modification to ROE through the chain of command. Modification and clarification may 

be warranted when the ROE are inadequate, faulty, create the risk of fratricide, or 

hinder a commander's ability to carry out the mission.

Implementing ROE 

Air Force commanders expect JAGs to know and fully advise Air Force 

forces on ROE. JAGs and paralegals at every stage of an operation maintain 

situational awareness of current ROE and should be prepared to recommend changes 

to the commander. 

JAGs and paralegals assist commanders in fulfilling their obligations to 

implement and disseminate ROE. In addition, they work in concert with commanders 

and their staffs to train forces on the ROE and to standardize and interpret their intent 

and meaning. JAGs provide tailored ROE training to various audiences, from aircrews 

to security forces. For example, JAGs may provide training on ROE, status of 
28

personnel, mission and forces, Code of Conduct for US Forces, and other constraints 

imposed by the law.

RULES FOR THE USE OF FORCE 

JAGs advise commanders on the RUF that apply when DOD forces are 

performing civil support missions and routine Service functions including force 

protection within the US and its territories or when DOD forces are performing 

law enforcement or security duties within (when permitted by Posse Comitatus)

or outside the US. JAG corps personnel advise commanders on the process for 

seeking RUF modification, as required. JAG corps personnel also train Service 

members on the RUF or RUF policies for law enforcement and security operations.
29

CONCLUSION

This doctrine document described the power of command, including fundamental 

legal aspects, legal roles and responsibilities of the COMAFFOR, and common legal 

issues. Commanders at all levels and across the range of military operations (ROMO) 

should be familiar with JAG roles and capabilities. Legal and operational readiness of 

the force is critical. JAGs support Air Force operations at all levels by providing Air 

Force commanders the legal analysis and advice needed to make informed and legally 

sound decisions. Whether JAG corps personnel are tasked to support humanitarian 

operations or combat operations during a major theater war, JAG corps personnel 

remain prepared.

Because Air Force missions are demanding, precise, and many times are 

performed in Air Force expeditionary operations and complex international

environments , the very best in legal capability is essential for mission success. The Air 

Force JAG Corps supplies a talented and highly trained group of military legal 

professionals—attorneys and paralegals, civilian, Active Duty regular Air Force, Air 

National Guard, and Reserve members. These members ensure the JAG Corps is 

capable of providing mission essential full-time legal support to our Air Force, both 

today and in the future.
30

APPENDIX A

LEGAL CONSIDERATIONS IN AIR FORCE OPERATIONS

Legal Basis for Mission

Upon deployment, commanders and JAGs should be prepared to address the 

following questions concerning the legal basis for an operation:

 What is the mission (e.g., peacekeeping, peace enforcement, humanitarian 

assistance/disaster relief, armed conflict)?

 Is this a UN, allied, coalition, or US only operation? How does this support effect 

operations (e.g., treaty obligations, political issues, and cultural sensitivities)?

 Has the use of force been authorized (e.g., “all necessary means”)?

 What is the funding authority for this operation?

 What is the chain of command? Are US forces participating in a multinational 

operation under the operational control of a US commander?

Status of Forces

Upon deployment, commanders and JAGs should be prepared to address the 

following questions concerning the legal status of forces operating in a host nation:

 What is the status of US forces in the host nation (e.g., SOFA, UN expert on 

mission)?

 How might this status affect the operation? Are there any restrictions on carrying 

weapons?

 Who does the COMAFFOR contact if host-nation authorities detain a US Service 

member?

 What is the status of the different types of civilians accompanying the force in the 

host nation?

 What is the US obligation concerning airport/landing fees, taxes, duties, entrance 

requirements?

Use of Force

When deploying, JAGs should address the following legal issues concerning the 

use of force:

 What are the ROE and RUF?
31

 When and what do US forces engage?

 What weapons or weapon systems can be used to destroy/neutralize any given

target? Who is the release authority for each weapon or weapon system?

 Who does a COMAFFOR contact to adjust the ROE or RUF, and how?

 Have personnel received LOAC training? Do they understand the concepts and 

elements of individual self-defense, unit self-defense, national self-defense, and 

collective self-defense?

 Can US forces provide training to others who provide external protection or security 

services (e.g., foreign forces, local or host-nation police, contractors, NGO 

employees)?

 Can US forces perform “law enforcement” functions (e.g., stop civilian-on-civilian 

violence, detain civilians, search, or seize civilian property)?

Planning, Coordination, and Oversight 

In operations planning, there are a number of basic legal issues to be addressed: 

 Who are our allies? Who are the combatants?

 What is the “operational interpretation” of the ROE (e.g., hostile intent, hostile act)?

 What is the status of a pilot, aircrew, or aircraft if it is shot down or forced to land?

 Where can US aircraft fly without obtaining clearance (e.g., international airspace, 

overflight of excessive territorial claims)?

 What actions does a COMAFFOR take if a foreign nation wants to inspect, search, 

or decontaminate US aircraft?

 Are there any unique legal issues associated with the weapons or weapons systems 

present at any given location deployment location?

Military Justice

Some issues to be addressed to ensure an effective military justice system 

include:

 Who are the court-martial convening authorities? What are the command 

relationships?

 What offenses does the US have primary jurisdiction over? Host nation?

 How does a COMAFFOR handle “joint justice” issues? Who is the senior Air Force 

officer?
32

 What control measures are or should be imposed (e.g., US Central Command 

General Order #1)?

 What arrangements have been made for defense services?

 Will courts-martial be conducted at the operating location? If not, where?

 How are Airmen made aware of commander directives (such as General Order #1

above)? Do members understand the contents of the commander’s directives?

 What constitutes a “serious incident” at the operating location?

 Are all commanders on G-series orders?

 Who can discipline Guard and Reserve personnel? Can they be extended at the 

operating location to complete disciplinary actions?

Claims

There are certain questions about claims that should be asked in any operation:

 Who has claims jurisdiction under DOD Directive 5515.9, Single-Service Assignment 

of Responsibility for Claims Processing?

 Has a foreign claims commission been appointed?

 What do applicable international agreements say about claims liability and 

processing?

 Where will a claims office be set up to receive and process claims from host-nation 

personnel?

 Who will investigate claims? How will they travel?

 Are there any unique tort provisions in the host-nation law? Is there a comparative 

law study?

 How are claims processed under the SOFA or other international agreements?

 Are solatium payments authorized (e.g., Korea or Japan)?

Fiscal and Contracting Issues 

When deploying, JAGs should address the following legal issues concerning 

fiscal and contracting actions:

 Who is authorized to obligate the government (i.e., who has a contracting warrant)?
33

 What funds are available to set up and sustain the operation? Who is keeping track 

of what is purchased and for how much?

 What are the sources and methods available for acquisition of goods and services?

 What do applicable international agreements say about building or repairing items in 

the host nation?

 Do contracts include claims provisions? What is the US obligation under the 

provision?

 What support can US forces provide foreign armed forces? Is there an acquisition 

and cross-servicing agreement between the US and other foreign forces?

Base Defense

When deploying, JAGs should address the following legal issues concerning 

Airmen performing base defense duties:

 Who is performing the base defense duties? Are these Air Force security forces 

personnel? Are these augmentees? What authority and responsibilities does the 

commander have for directing base defense?

 What weapons do Airmen have at the deployed location and what are legal issues 

regarding the use of such weapons (e.g., mortars, hollow-point ammunition, 

incendiaries)?

 Do Airmen understand the ROE? Do they understand the concepts and elements of 

“individual self-defense,” “unit self-defense,” “national self-defense,” and “collective 

self-defense?”

 Has “mission essential property” been designated? If not, should it be designated?

 What are the legal issues associated with the use of riot control agents, other nonlethal weapons, and landmines?

 Do Airmen understand the procedures for searching and seizing property? What are 

the legal issues and procedures regarding searching and seizing host-nation 

property?

 What should Airmen do if they witness civilian-on-civilian violence?

 Is there a plan for handling enemy prisoners of war, civilian detainees, or those 

seeking temporary refuge? Has a detention facility been established? Is it properly 

marked? How and when does the Air Force transfer detainees to others (e.g., other 

US forces [typically Army] or the host nation)?
34

 Do Airmen understand how to treat host-nation civilians? Can Airmen detain them? 

For what? How? How long? What do Airmen do with them once they get them? 

What if the host nation is unable or unwilling to prosecute or control them?

 What are the legal issues associated with using ISR to support operations in the 

different operating environments: CONUS; OCONUS hosted; and expeditionary?

Noncombatants and Noncombatant Property

When supporting combat operations, JAGs should address the following legal 

issues concerning noncombatants:

 Have medical personnel and chaplains been properly identified and do they 

exclusively perform noncombatant duties?

 Are noncombatant facilities, equipment, and vehicles being used to support 

combatant activities?

 Are noncombatant facilities, aircraft, vehicles, equipment, and supplies properly 

marked? If not, has an operational purpose been identified to preclude such 

marking?

 Have medical facilities been located away from military objectives such as command 

and control facilities and supply staging areas? If not, has an operational purpose 

been identified to justify the current location?

 Do medical personnel prioritize medical treatment based on military status, 

occupation, rank, or nationality or do they use triage (i.e., screening of patients to 

determine priority medical needs) to assist the wounded, sick, or injured in a 

methodical manner?

Contractors and Other Civilians Accompanying the Force

When deploying, JAGs should address the following legal issues concerning 

contractors and civilians accompanying the force: 

 What is their status?

 Who is responsible for protecting them? Can they be armed for their own selfdefense?

 Do they participate in combatant activities?

 Does a commander have to provide protective equipment (e.g., chemical warfare) 

and training? What can or cannot the commander provide (e.g., food, 

transportation, shelter, medical care)?

 What, if any, disciplinary authority does a commander have over them? What 

happens if they are unable or unwilling to satisfy their obligations under the contract?
35

Redeployment Activities

When redeploying, JAGs should address the following legal issues concerning 

property or facilities:

 What environmental laws will apply?

 What is the US liability concerning the property?

 What is the condition of the property?

 May the US make improvements to the property? Temporary or permanent?

 How will the US dispose of or transfer the temporary improvements or facilities?

 What controls are in place to ensure US property is properly disposed of (e.g., 

returned to the US, transferred to the Defense Reutilization and Marketing Office, 

abandoned)?

 Are host-nation claims of damage being properly analyzed in light of US law and 

applicable international agreements?

 What is the disposition of property purchased at the deployment location (e.g., 

televisions, fitness equipment)? Who has accounted for it?

 What will happen to “minor military construction” projects (e.g., tent platforms, guard 

shacks)?
36

APPENDIX B

DELIBERATE AND CRISIS ACTION PLANNING

Table B.1. Legal Support Role in Deliberate Planning.

11

 11 Derived from JP 1-04, Legal Support to Joint Operations Planning

Deliberate Planning

Combatant Commander Role of Legal Support

Phase I – Strategic Guidance / Joint Strategic Capabilities Plan Initiation

Assign planning tasks to supported combatant

commanders.

Specify the types of plans required. Apportion 

forces and resources.

Issue planning guidance.

Review planning documents.

Review applicable laws, policies, treaties, and

Agreements.

Phase II – Concept Development

Review and approve the supported combatant

commander's strategic concept.

The product: A concept of operations (CONOP)

Review the combatant commander's strategic

concept for compliance with law and policy

and make appropriate recommendations.

Coordinate legal issues with counterparts.

Phase III – Plan Development

Assist the supported combatant commander.

The product: A complete OPLAN

Assist the supported combatant command

staff judge advocate.

Phase IV – Plan Review

In coordination with the Joint Chiefs of Staff,

Services, and Department of Defense agencies,

assess and validate the supported combatant

commander's operation plan (OPLAN) and timephased force and deployment data 

using criteria of adequacy, feasibility, acceptability, 

and compliance with joint doctrine.

Approve or disapprove the OPLAN for reasons

stated.

Identify specific actions planned or programmed

to redress any shortfalls.

The product: An approved OPLAN

Review the supported combatant command's

OPLAN for legal sufficiency and make

appropriate recommendations.

Coordinate legal issues with counterparts.

Phase V – Supporting Plans

Resolve critical issues that arise during the

supported combatant command's review of

supporting plan.

Crosswalk supporting plans to ensure they

are legally correct, complete, and consistent,

and make appropriate recommendations.
37

Table B.2. Legal Support Role in Crisis Action Planning.

12

Crisis Action Planning

Supported Combatant 

Commander

Supported Combatant 

Commander's Staff Judge 

Advocate (SJA)

Air Force Component

SJA

Phase I – Situation Awareness

Detailed plan development.

Issue guidance to subordinate 

and supporting commanders.

Situation Development. Detect, 

report, and assess events that 

have potential national security 

implications to determine 

whether a military response may 

be required.

Report actions being taken, 

forces available, expected time 

for earliest commitment of forces, 

and major constraints on the 

employment of forces.

Situation Development.

Contact legal counterparts and 

establish the basis for concurrent 

planning.

Review planning documents.

Review applicable laws, policies, 

treaties, agreements, and 

arrangements in all affected 

AORs.

Summarize relevant legal 

considerations (authorities, 

restraints, and constraints) and

provide them to the crisis action 

team, combatant commanders, 

and counterparts.

Crisis assessment.

Refine the legal considerations.

Review planning documents.

Research applicable laws, 

policies, treaties, and 

agreements.

Summarize relevant legal 

considerations (authorities, 

restraints, and constraints) and 

provide them to the crisis action 

team, combatant commander, 

and counterparts.

 12 See JP 1-04, Legal Support to Joint Operations Planning
38

Crisis Action Planning

Supported Combatant 

Commander

Supported Combatant 

Commander's Staff Judge 

Advocate (SJA)

Air Force Component

SJA

Phase II – Planning

COA Development.

In coordination with subordinate 

and supporting commanders, 

develop and analyze COAs.

Review and use applicable plans.

Issue guidance to subordinate 

and supporting commanders.

Submit the commander's 

estimate to the President and/or

SecDef and Chairman of the 

Joint Chiefs of Staff.

Begin detailed execution 

planning upon receipt of a 

planning order or alert order.

Incorporate legal considerations 

and instructions for developing 

ROE and RUF in the combatant 

commander's planning

guidance.

Review the combatant 

commander's estimate

for compliance with law and 

policy and make appropriate 

recommendations.

Coordinate legal issues and 

support requirements with 

counterparts.

Contact legal counterparts and 

facilitate concurrent planning.

Review and validate any JAG 

JTF joint manning document

requirements and synchronize 

joint legal support.

Participate in boards, cells and 

working groups, as required.

Assess legal implications of 

developments.

Discuss rules of engagement 

needs with commander and 

counterparts.

Coordinate legal issues and 

support requirements with 

counterparts.

Encourage forces to prepare wills 

and powers of attorney and 

resolve legal matters prior to 

mobilization.

Phase III – Execution

Execute the operation order.

Report force shortfalls to CJCS 

for resolution.

Monitor operations for legal 

issues as required.

Ensure legal arrangements for

deployment/redeployment with 

host-nations are in place through 

US Embassies on all affected 

AORs.

Brief commanders and forces on 

legal environment.
39

APPENDIX C

LEGAL READINESS CONSIDERATIONS

Readying the Force 

While not an exhaustive list, JAGs and paralegals may take any or all of the 

following actions to ready the force:

 Advise commanders of forces preparing for deployment.

 Develop and implement robust preventive law programs.

 Participate in the logistics support process to obtain, pre-position, or transfer 

resources to sustain operations.

 Provide training and mission-related legal assistance on the legal issues influencing 

readiness (e.g., estate planning, LOAC, ROE).

 Prepare legal support capabilities for deployment.

Preparing the Operational Environment

Following are examples of the actions JAGs and paralegals may take to prepare 

the force:

 Identify and resolve legal issues within the operational environment (e.g., host-nation 

support, use of force, environmental constraints).

 Remove, document, or resolve legal impediments encountered during base support 

planning activities.

 Determine legal reachback capabilities and requirements available to support 

forward deployed forces and those required to sustain operations.

 Identify legal support requirements and capabilities needed to support operations 

(e.g., legal services, equipment, facilities).

Positioning the Force 

JAGs and paralegals may take any or all of the following actions to position the 

force:

 Deploy as part of advance and reception teams or operational cadre to receive and 

beddown deploying forces.

 Participate in negotiations for host-nation support and the status of US forces in a 

host-nation (e.g., foreign criminal jurisdiction, landing fees, use of facilities, claims 

provisions, taxes).
40

 Develop comparative law studies of the operational environment (e.g., civil and 

criminal procedures, summary of unique host-nation laws, rights of US personnel 

apprehended by host-nation authorities).

 Support logistics processes to obtain goods and services from the local economy 

(e.g., contingency contracting actions, environmental law, and land use issues).

 Assist commanders and their staffs in developing local policies and procedures to 

protect the force and maintain discipline (e.g., General Order #1; Force Protection 

Plan).

 Educate deploying forces on legal issues and policies that apply to the location and 

operations conducted from the location (e.g., host-nation law, ROE, claims 

provisions).

 Liaison with applicable US agencies and nongovernmental organizations within the 

host-nation.

Employing the Force

Following are some examples of actions JAGs and paralegals may take to 

employ the force:

 Refine the legal support requirements for the location and establish reachback 

connectivity.

 Accomplish mission training for the supported population (e.g., ROE, LOAC, General 

Order #1).

 Support actions to generate operational elements of the force (e.g., logistics support, 

operations planning, target reviews).

 Develop and organize legal services to support continuing operations (e.g., legal 

assistance, claims services, military justice support, and legal support to C2).

Sustaining the Force 

While not an exhaustive list, JAGs and paralegals may take any or all of the 

following actions to sustain the force:

 Provide full-spectrum legal services to Air Force forces at forward operating 

locations (e.g., courts-martial, legal assistance, claims, C2 support).

 Employ legal reachback capabilities to enhance legal services (e.g., connectivity to 

legal information services, liaison with legal specialists).

 Refine legal support requirements and adjust legal services to meet mission 

requirements (e.g., ROE changes, tax program, and upgraded equipment).
41

 Provide continuous support for the logistics processes (e.g., military construction, 

long-term service contracts, and new contracts).

 Support C2 activities and ongoing operations (e.g., ROE training, target reviews, 

ATO generation).

Recovering the Force 

Examples of actions JAGs and paralegals may take to recover the force:

 Address legal issues concerning real property, materials, and real estate that are 

returned to the owner or host-nation (e.g., environmental impact, value of 

improvements to facilities).

 Provide mission-related personal legal services to recovering Air Force forces.

 Ensure defense goods and services are sold, transferred, disposed of, or returned in 

accordance with law and policy (e.g., fitness equipment, temporary facilities, tent 

platforms, supplies).

 Adjudicate and settle claims for and against US forces (e.g., personal injury, 

property damage).

 Provide legal support to forces remaining behind to support recovery operations 

(e.g., legal assistance, contracting support, and logistics).

 Consider whether the limited time ARC forces are called to duty drive any special 

redeployment prioritization or processing.
42

APPENDIX D

ROE CONSIDERATIONS

Primary ROE Considerations

What do the ROE say?

 When can US forces and others be defended?

 What can be attacked?

 How can it be attacked?

 Where can it be attacked?

 When can it be attacked?

 Whose permission is needed to attack?

What purpose do the ROE serve?

 Provide guidance on the use of force—political, military, and legal.

 Control the transition from peace to war (or vice versa).

 Provide a mechanism to facilitate planning.

 Prevent fratricide, civilian casualties, national/coalition political damage, or mission 

failure.

Have ROE been agreed upon for multinational operations?

 By military commanders?

 By policy makers?

 Do the ROE of the multinational force permit the same degree of individual selfdefense and unit self-defense as the US SROE?

ROE Fundamentals

Mission Planning

 ROE are not a substitute for guidance, intent, and judgment or planning.

 ROE development is a collaborative process involving commanders, operators, 

JAGs, and others.
43

 ROE development is an integral part of operations planning including branch/sequel 

plans.

 ROE development begins with mission analysis.

 ROE instructions are set out in the commander’s initial planning guidance.

 ROE development is tied to COA development.

 COA analysis includes ROE refinement.

Advisories

 US ROE are fundamentally permissive.

 Brief current ROE at every JTF update.

 Monitor ROE training and interpretation.

 Do not substitute ROE for planning.

 Use serial ROE messages and not appendices.

 Do not just ask for ROE—justify ROE.

 Resolve ROE disputes before the fight.

 Understand that ROE during irregular warfare are normally more restrictive than in 

traditional war.

ROE Game Plan

Establish a close working relationship with your JAG.

 Early judge advocate involvement in each of the AOC divisions helps satisfy the 

legal review obligations under the LOAC and avoids potential last-minute problems 

with ATO approval and mission execution.

 JAGs can identify and defuse potential showstoppers with host nations and 

overflight early in the planning process.

 JAGs can assist operators in getting clear, concise ROE and special instructions 

crafted and approved.

Establish an ROE cell to enhance mission planning and execution. A critical 

function is JAG involvement at inception to maximize planning efforts and to yield lawful 

ROE.

 Formulate ROE requests based on JFC objectives, guidance, and intent.
44

 Ensure adequate dissemination of:

  Chairman of the CJCS SROE.

  Any theater-specific ROE. 

  Mission-specific ROE (often termed "serial ROE").

  Applicable multinational or coalition ROE.

 Determine if ROE amendments/supplements are needed.

 Institute scenario-based ROE training (JAGs can coordinate efforts).

Determine the effect of the ROE. ROE and international law, to include LOAC, often 

impact targeting decisions. A good rule of thumb is to factor these restraints into the 

planning/targeting process early on.

Establish combat identification procedures that are consistent with the ROE.

 Allow units and individuals to conduct actions appropriate for self-defense.

 Adjust ROE to fit warfighter needs.
45

APPENDIX E

OVERVIEW OF US CODE SECTIONS IMPACTING DOD

United States Codes (U.S.C.) – Federal law is codified and compiled in the US Code, 

which is comprised of 50 different titles that generally deal with different areas of the 

law. An overview of the different U.S. Code titles that impact DOD operations follows: 

Title 10 – Armed Forces

 Title 10 has five subtitles: General Military Law; Army; Navy and Marine Corps; Air 

Force; and Reserve Components.

 Title 10 generally includes federal law that impacts the Department of Defense, the 

various individual military departments, the Joint Chiefs of Staff, and all manner of 

military issues.

 When discussing regular and reserve component forces, regular component forces 

are sometimes referred to as “Title 10” forces.

Title 18 – Crimes and Criminal Procedure

 Title 18 addresses federal crimes and criminal procedure.

 Crimes alleged to have been committed by US military personnel are primarily 

addressed through the Uniform Code of Military Justice, which is addressed in Title 

10.

Title 32 – National Guard 

 Title 32 has five subchapters addressing: Organization; Personnel; Training; 

Service, Supply and Procurement; and Homeland Defense Activities.

 Title 32 generally addresses the federal operations of the National Guard.

 When acting in a state capacity under Title 32, or on State active duty status, then 

state law is also applicable.

 When discussing active and reserve component forces, National Guard forces are 

sometimes referred to as “Title 32” forces when they are acting in their state 

capacity.

Title 50 – War and National Defense

 Title 50 generally addresses intelligence and surveillance activities by US 

government agencies and other issues relating to war, insurrection and national 

defense.
46

REFERENCES

Air Force Publications

All AFDDs are available at https://wwwmil.maxwell.af.mil/au/lemay/main.asp . 

All AFDDs, both draft and approved, are also available at the LeMay Center doctrine 

Community of Practice at: 

https://afkm.wpafb.af.mil/ASPs/CoP/OpenCoP.asp?Filter=OO-OP-AF-44

Air Force Judge Advocate General’s Corps (WebFLITE): https://aflsa.jag.af.mil/cgibin/thome.cgi

Joint Publications

Note: All JPs are available at : https://jdeis.js.mil/jdeis/index.jsp

Other Publications

Department of the Air Force, Air Force Operations and the Law—A Guide for Air and 

Space Forces (The Judge Advocate General’s School Publication) 2009. Available 

electronically at http://www.afjag.af.mil/library/

Department of the Air Force, Military Commander and the Law (The Judge Advocate 

General’s School Publication), 2010. Available electronically at

http://www.afjag.af.mil/library/

Zinni, Anthony C., Lt Gen, USMC, The SJA in Future Operations, (Marine Corps 

Gazette), 1996.

Chief of Staff of the Air Force (CSAF) Professional Reading Program

The CSAF’s professional reading list, with links to book reviews, is available on the Air 

Force web site at: http://www.af.mil/library/csafreading/. The list is subject to revision. 

Readers are encouraged to check the Air Force web site (http://www.af.mil) for the most 

current information.
47

GLOSSARY 

Abbreviations and Acronyms

ACO

ADCON

airspace control order

administrative control

AETF

ARC

AFDD

air expeditionary task force

air reserve component

Air Force Doctrine Document

AFFOR Air Force forces

AFLOA Air Force Legal Operations Agency

AFR

AMC

AMD

AOC

ATO

Air Force Reserve

Air Mobility Command

air mobility division

air operations center

air tasking order

C2 command and control

CCDR combatant commander

CJCS Chairman, Joint Chiefs of Staff

COA course of action

COMAFFOR commander, Air Force forces

FSC field support center

IO

ISR

IW

JA

information operations

intelligence, surveillance and reconnaissance

irregular warfare

judge advocate

JAG

JAOP

judge advocate general

joint air operations plan

JFACC joint force air component commander

JFC joint force commander

JP joint publication

LOAC law of armed conflict

MAAP

NAF

OPCON

master air attack plan

numbered Air Force

operational control

OPLAN operation plan

OPORD operation order
48

ROE rules of engagement

RUF rules for use of force

SECAF Secretary of the Air Force

SecDef Secretary of Defense

SJA staff judge advocate

SOF special operations forces

SOFA status of forces agreements

SROE standing rules of engagement

TAG The Adjutant General

TJAG The Judge Advocate General of the Air Force

U.S.C.

UN

United States Code

United Nations
49

Definitions

host nation. A nation which receives the forces and/or supplies of allied nations 

and/or NATO organizations to be located on, to operate in, or to transit through 

its territory. (JP 3-57)

host-nation support. Civil and/or military assistance rendered by a nation to 

foreign forces within its territory during peacetime, crises or emergencies, or war 

based on agreements mutually concluded between nations. Also called HNS. 

(JP 4-0)

irregular warfare. A violent struggle among state and non-state actors for 

legitimacy and influence over the relevant population(s). (JP 1)

judge advocate. An officer of the Judge Advocate General’s Corps of the Army, 

Air Force, Navy, Marine Corps, and the United States Coast Guard who is 

designated as a judge advocate. Also called JA. (JP 1-04)

law of war. That part of international law that regulates the conduct of armed 

hostilities. Also called the law of armed conflict. See also rules of 

engagement. (JP 1-04)

reachback. The process of obtaining products, services, applications, forces, 

equipment, or materiel from organizations that are not forward deployed. (JP 3-

30)

rules of engagement. Directives issued by competent military authority that 

delineate the circumstances and limitations under which United States forces will 

initiate and/or continue combat engagement with other forces encountered. Also 

called ROE. (JP 1–04) 

staff judge advocate. A judge advocate so designated in the Army, Air Force, 

or Marine Corps, and the principal legal advisor of a Navy, Coast Guard, or joint 

force command who is a judge advocate. Also called SJA. (JP 1-04)

status of forces agreement. An agreement that defines the legal position of a 

visiting military force deployed in the territory of a friendly state. (JP 3-16)

standing rules of engagement. Fundamental policies and procedures 

governing the actions to be taken by US commanders and their forces during all 

military operations and contingencies and routine Military Department functions 

occurring outside US territory and outside US territorial seas. They provide 

implementation guidance on the application of force for mission accomplishment 

and the exercise of self-defense. Also called SROE. (CJCSI 3121.01B)