LIAISON
2-123. What LNOs must be sent to multinational force headquarters and adjacent, supporting, and supported units?
2-124. Do liaison elements on the staff possess requisite authorities? Do they have a full understanding of both national interest and multinational objectives?
2-125. Do liaison elements have appropriate communications, linguistic, logistics, and office support capabilities in place?
2-126. Have LNOs been identified? Have key LNOs been interviewed for suitability?
2-127. What are the requirements for interagency and multinational coordination? Does the force have adequate LNOs or LNO teams to meet required coordination?
2-128. Have ARFOR mobile liaison teams been requested?
LANGUAGE
2-129. What language will be used for force wide communications?
2-130. At what command level will each force resort to its national language? Are there sufficient interpreters for planning and execution?
COMMUNICATIONS
2-131. What areas come under multinational control and what areas remain national issues?
2-132. What is the requirement for portable communication devices such as cell phones?
2-133. Will commercial companies establish telephone service for use by multinational forces?
2-134. If the multinational force establishes a multinational visitor’s bureau, what communication capability is required?
2-135. Do national laws require agreements defining payments for using the information systems networks or military satellite communication assets?
2-136. Who is responsible for funding additional communication capability?
2-137. Will nations be expected to provide communication capability to other nations’ military forces or civilian agencies?
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2-138. What are the plans for expanding the communication system, if needed?
2-139. What is the policy on morale calls? Who supports them?
2-140. What steps have been taken to ensure procedural compatibility?
2-141. What is the common identification friend or foe procedure?
2-142. What are the data-link protocols?
2-143. What is the communication equipment capability between forces?
2-144. Has coordination been accomplished regarding frequency assignment?
2-145. What C2 systems are required to support diminishing multinational force presence?
2-146. Will command channels be used only for execution and national channels for reporting status and requesting support?
2-147. Are there a means and a plan to provide all forces with a common operational picture?
2-148. Do multinational partners with a lesser C2 capability have appropriate LNOs, interpreters, operators, and maintainers to enable adequate C2 within the multinational force?
2-149. Is there a policy or plan for the control, release, and dissemination of sensitive information and cryptographic materials, especially to civilian agencies that may require some access to classified material to accomplish their missions?
2-150. Has the language exchange point been determined?
2-151. Are there sufficient interpreters available for both planning and execution?
2-152. Has the terrain and environment been considered while planning for the C2 network?
2-153. Has the rapid dissemination of targeting materials been provided for?
2-154. Have arrangements been made for staff communications?
2-155. Have common databases been provided for?
2-156. Has the nation most capable of providing an integrated, interoperable C2 network been selected to serve as network manager for the multinational C2 infrastructure?
2-157. Have arrangements been made to allow contract HN employees to work on C2 staffs without exposing them to automated data processing and classified information used in daily operations?
2-158. Has the multinational established a standard datum? Will all products be on that datum?
2-159. Is there a multinational force geospatial information and services plan that designates all mapping, charting, and geodesy products for use?
2-160. Have the command relationships, locations of headquarters and the type of services required such as tactical satellite, telephone, facsimile, amplitude modulation, and frequency modulation/modulated been determined?
2-161. What are the frequency requirements and planning ranges for equipment?
2-162. Have frequencies been requested from the multinational force communications coordinator?
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2-163. How will the multinational force conduct spectrum management? This must account for frequencies already in use by civilian agencies.
2-164. How will the multinational force achieve automated data processing software compatibility to facilitate file transfers?
2-165. How will the multinational force achieve communication interoperability? Will the system satisfy communication requirements from the national authorities to the lowest information exchange requirement?
2-166. If civilian agencies have separate communication networks and the multinational force provides security for these agencies, how will they request assistance during emergencies?
2-167. How will the multinational ensure adequate redundancy? Multiple assets must be available and used during operations to ensure information flow.
2-168. How will the multinational handle noncompatible communications equipment among organizations and multinational forces?
2-169. What communications support will be provided to civilian agencies? Will it be provided through the CMOC?
2-170. How and when will the multinational force establish its communications architecture?
2-171. How will the multinational force account for and utilize communication networks established by civilian agencies? This includes commercially leased circuits, commercial satellite services, high frequency, and very high frequency radios.
2-172. How will the multinational force address the need for secure communications?
2-173. How will the command handle incidents when a person accidentally transmits classified data over the unclassified computer network?
2-174. What is the policy on implementing communications black-out periods in support of multinational OPSEC?
2-175. Is there a multinational force standardized email naming convention?
PUBLIC AFFAIRS
2-176. What areas come under multinational control and what areas remain national issues?
2-177. Has coordination been affected with other national PA officers or equivalents?
2-178. What is the plan for handling publicity, news correspondents, and journalists?
2-179. What are the biographical backgrounds of multinational force senior leaders? What unique equipment do they have or require?
2-180. Has the senior PA officer met the multinational force senior leaders?
2-181. Who is the senior spokesperson for the multinational force?
2-182. Has the multinational force information bureau been established?
2-183. Has a coordinated media policy, to include a system to provide credentials for the media, been established? This allows some control over who attends multinational force briefings.
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2-184. Do the media understand the end state and how the force is progressing toward it?
2-185. Has the command aggressively countered inaccurate information with subject matter experts?
2-186. Has media awareness training been conducted prior to deployment? Has sustainment training been conducted in the AO?
2-187. Has the senior PA officer identified points of contact with agencies that will operate in the AO to arrange referrals of media queries regarding their operations?
2-188. Has release of information authority for accidents/incidents and notification of next-of-kin process and investigative procedures been established?
2-189. Will media be embedded in units? What are the procedures for dealing with this situation?
2-190. Has translation/interpretation support for media ground rules, as well as other documents, been established?
2-191. Does the command have a PA plan that includes crisis management? Is the senior PA officer a member of the crisis management team?
2-192. Does the PA plan reflect the cultural differences of all troop-contributing nations and the host nation?
2-193. Does the PA plan consider the impact of print, radio, televised, and internet media?
2-194. Does the command have a PA plan that includes the following:
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Provides a contingency statement to use in response to media queries before initial public release of information concerning the multinational force and its mission?
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States who (which nation and when, or all nations simultaneously) makes the initial public release concerning the multinational force and its mission?
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States agreed-upon procedures for the subsequent release of information concerning the multinational force and its national components?
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States specific requirements for combat camera support, including communicating to
subordinate units the need for operational documentation?
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Chapter 3
Personnel
Although human resources support for national contingents is a national
responsibility, human resources support assets of the multinational force should be
collocated for ease of coordination between the national elements of the multinational force. Human resources support is the system and functions of staffing, personnel
support, and personnel services. Staffing includes personnel readiness management,
personnel strength accounting, personnel information management, and replacement
management. Personnel support includes casualty operations management, personnel
processing, and essential personnel services (promotions, awards, evaluations, and so forth). Personnel services support includes postal operations management; morale,
welfare and recreation; equal opportunity; and drug and alcohol. In addition to
human resources support, the G-1 or S-1 normally assumes staff coordinating
responsibility of financial management, finance services, chaplain activities,
command information, and legal service support.
G-1 OR S-1 (PERSONNEL)
3-1. The G-1 or S-1 is the principal staff assistant to the commander on human resources support. He or she is responsible for providing guidance, oversight, and coordination of overall manpower and personnel issues. He or she is the coordinating staff officer for finance, religious ministry, and legal support.
3-2. The multinational G-1, in coordination with the national contingents, should recommend a policy on tour lengths to the multinational force commander. A rotation policy should be based on the multinational force’s mission, length of operation, operational environment, and requirement for skilled personnel. A standard tour length for all personnel is equitable and impacts favorably on morale. However, this may not be supportable from an operational aspect. However, the rotation policies of participating nations and services will probably preclude a standardized tour length. The multinational commander must be aware of national contingent rotations and their status so that he or she can accurately account for all the forces in the AO.
RECEPTION CENTER
3-3. In multinational operations, a multinational personnel reception center may be established by the G-1.
The center familiarizes personnel with the multinational force, its mission, and the situation for which the multinational force was formed. It also assists personnel in acclimating themselves to the host nation, its culture, and its history. Each troop-contributing nation should be represented in the center. The multinational personnel reception center may also serve as the location of national personnel service support operations.
VISITOR’S BUREAU
3-4. The number of visitors to an AO may warrant establishing a multinational visitor’s bureau. This bureau can assist in handling all visitors, especially distinguished visitors. This is usually a full-time responsibility. A senior officer should be the director of the bureau. A reservist with a protocol background can be a good choice as a director. The multinational visitor’s bureau should be a separate entity and not part of the multinational information bureau or PAO. It should be composed of representatives from all multinational force nations. It must possess sufficient communications and transportation capabilities. Its personnel may require training in executive protection and properly escorting distinguished visitors.
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RELIGIOUS MINISTRY
3-5. The entire force must understand the religious groups and movements within the AO and the potential impact they may have on the mission. Religious differences among personnel in both participating nations and populations in the AO must be identified and addressed during the planning stages. Religion plays a pivotal role in the self-understanding of many people. It has a significant effect on the goals, objectives, and structure of society. This may seriously impact multinational policy, strategy, and tactics.
3-6. The primary responsibility for religious ministry support in multinational operations remains with the national component commanders. The multinational force may assign the senior national component chaplain to the multinational force staff. This helps ensure comprehensive ministry cooperation and respect for any religious sensitivity of the host nation and among the national components. This also helps ensure a balanced coverage among personnel and faith group requirements exists among the multinational force.
The chaplain has the following responsibilities:
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Recommends deployment of religious ministry teams.
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Advises the commander on religion, morals, ethics, and morale.
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Performs ministry according to his or her faith and country practices and standards.
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Ensures that all nations’ religious support personnel receive professional assistance, program funding, logistics, and personnel through appropriate staff channels.
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Establishes and coordinates a multinational force religious ministry support plan to provide adequate religious ministry support to all elements of the multinational force.
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Advises on personnel replacement or rotational policies.
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Assists the command with humanitarian and disaster-relief programs.
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Ensures that detainees receive ministry and care appropriate to their needs.
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Prepares religious ministry support portions of the OPLAN and OPORD.
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Provides confidential and privileged communications in counseling for multinational personnel in support of stress management, morale, and early identification of critical personnel problems.
LEGAL ADVISOR
3-7. Legal support is essential to multinational operations. Operations, especially peacekeeping and peace-enforcement operations, involve a myriad of statutory, regulatory, and policy considerations, both foreign and domestic. Therefore, a commander may call on the legal advisor as often as the operations officer. The legal advisor can help a commander understand the problems of multinational operations. The legal advisor should be a vital part of the planning team before deployment. However, adherence to the law is the responsibility of command at all levels. Legal advisors will not be those called to account if the multinational force carries out an illegal act. This is especially relevant in areas of national fiscal restrictions on the expenditures of funds, equipment, and manpower.
3-8. Additionally, multinational operations and missions may require subordinate commanders to become involved with local governments and conduct negotiations among competing factions. Commanders may also be required to negotiate with governmental organizations, NGOs, and other international organizations to accomplish the mission. Accordingly, the command will need a legal advisor of sufficient rank to influence the decisionmaking process.
3-9. The legal advisor should be responsible for the following:
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Advising the commander on operational law including the law of war, ROE, law of the sea, air law, SOFAs, and applicable international laws, military justice, claims, legal assistance, and administrative law encompassing environmental issues, contracts, and fiscal law.
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Reviewing operational plans for legal sufficiency and potential issues.
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Drafting basic policy for the force regarding prohibited and permitted actions while deployed.
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Serving as a member of the ROE planning cell providing advice and counsel on the
development and promulgation of ROE.
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In the absence of existing agreements, negotiating with local governments concerning
procurement, seizure of property for military purposes, and scope of foreign criminal jurisdiction.
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Ensuring that all adverse actions are properly administered.
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Advising the commander on international directives and agreements that form the basis for the multinational operations. This includes such issues as HN support, diplomatic status, foreign criminal jurisdiction, ROE, environmental matters, and medical treatment of civilians.
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Providing legal advice on prisoners of war (POWs), refugees, displaced and detained civilians; PSYOP and CMO/civil-military cooperation (CIMIC); local culture and customs; government, military, and political liaison; investigations; the legality of landing fees; and interpretation of transit agreements.
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Establishing liaison as early as possible with multinational, international, and HN legal officials, local police, authorities, and court officials who administer the judicial system.
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Implementing, interpreting, or executing a system for payment of claims arising from personal injury or property damage resulting from the operation.
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Advising the force on legal and fiscal restraints involving logistics assistance to nonmilitary organizations and multinational forces.
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Advising the command on issues affecting the detention of persons who may attack or otherwise disrupt the force in accordance with customary international law, applicable UN Security Council resolutions, alliance or coalition directives, and national policies. The force must be sensitive to apprehension and turnover procedures, especially where there are distinct cultural differences in the AO.
LEGAL CONSIDERATIONS
3-10. It is vital that commanders and planners of multinational forces understand the legal basis for all operations. All applicable laws must be obeyed. Even multinational forces conducting operations under UN mandates have no overall immunity under the law.
JURISDICTION
3-11. Jurisdiction is based on the national laws of the country sending the troops, as far as they have extraterritorial application outside the country concerned. SOFAs for stability operations should grant total exclusion of host-state jurisdiction; thereby providing a legal framework for the strictly international and neutral status of the multinational forces. The multinational force cannot be subject to the jurisdiction of any of the parties engaged in the conflict. To do so would lead to an undermining of impartiality.
Additionally, the ability to arrest, detain, and try members of the multinational force or community could directly influence the activities of the operation.
3-12. The consensual basis for the multinational force’s presence in the host country, its mandate, and the privileges and immunities of any civilians should be established. This should be provided in a document of treaty status. In most cases, an international organization, such as the UN, will perform this task. However, when the operation is an exercise in regional peacekeeping, it is incumbent on the participating nations to establish a legally sound basis for such an operation that is sustainable under international law.
3-13. Most stability operations SOFAs allow members of the multinational force to be exempt from local jurisdiction in civil proceedings for acts “related to the official duties of the member.” A claims regime compensating for damages arising from such acts will almost always be a feature of any SOFA or other agreement with the receiving state. In matters not related to official duties, multinational members are subject to local jurisdiction, with only a few minor concessions in favor of the force. If service members are involved in any incident while on leave, they may be sued for any damage they do or injury they cause.
3-14. International law applies to all operations. Multinational partners will be bound to comply with obligations that arise from the treaties to which they are party. As not all multinational members will be party to the same treaties, this may create a marked disparity between partners as to what they can or 20 May 2010
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cannot do. Some obligations under international law arise from customary international law and are binding on states whether or not they have entered into a treaty on the subject. Most of the major rules relating to humane treatment of persons within the power of the force fit within this category.
3-15. The question of what element of international law is applicable may be a complex issue that depends on several factual considerations. It is an issue on which expert legal advice should be sought. However, such operations will never be conducted in a legal vacuum. The international law requirement for humane treatment and respect for the life, rights, and property of noncombatants remains constant even if the treaty or customary basis for those protections differ.
LEGAL BASIS FOR USE OF FORCE
3-16. There are a variety of internationally recognized legal bases for the use of force in multinational operations. For the majority of multinational operations, the UN charter provides the primary authority for the use of force under Security Council sanctions. (For example, Chapter VII enforcement actions.) Under Chapter VII of the UN charter, the Security Council is empowered to determine what measures are appropriate to use against acts of aggression or other threats to international peace and security. However, prior to use of military force, the Security Council must first determine the basis of the threat and then employ measures less than use of force to attempt to compel compliance. Using the authority granted to it under Chapter VII, the Security Council has authorized multinational operations to compel compliance with the Security Council’s resolutions in Iraq, Somalia, Haiti, Bosnia, and Kosovo. For further information on this and other legal issues, see the Operational Law Handbook published by the Judge Advocate General’s Legal Center and School (email: CLAMO@hqda.army.mil).
3-17. Because of the complexity of multinational operations, it is vital that commanders and planners of multinational forces understand the legal basis for their involvement in the operation. Legal issues affecting use of force, detention, searches and seizures, foreign criminal jurisdiction, and adherence to international law all impact upon mission accomplishment. Close coordination with the multinational force legal advisor is therefore essential.
FOREIGN CRIMINAL JURISDICTION
3-18. One of the most important issues affecting commanders and their Soldiers is criminal jurisdiction.
This is especially true in multinational operations. Because of the variety of stability operations often performed by multinational forces, the issue of criminal jurisdiction is central to the ability of the multinational force to accomplish its mission. Mission realities dictate the multinational force not be subject to the jurisdiction of any of the parties engaged in the conflict. To do so would lead to an undermining of impartiality essential to mission success. Additionally, the ability to arrest, detain, and try members of the multinational force could directly influence the activities of the operation. As a result, the consensual basis (mandate) for the multinational force’s presence in the host country and the privileges and immunities of any civilians should be clearly established.
3-19. In a best-case scenario, these protections should be provided in a document with treaty status and, because of the nature of multinational operations, negotiated by an international organization such as the UN. However, when the operation is an exercise in regional peacekeeping, it is incumbent on the participating nations to establish a legally sound basis that is sustainable under international law.
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STATUS-OF-FORCES AGREEMENTS
3-20. Generally, international law recognizes that each sovereign nation has jurisdiction over all persons within its recognized borders. A receiving state must therefore consent to any limitations on this sovereign right before any foreign nation sending forces (sending state) into that host nation can assert jurisdiction over sending state personnel sent for military operations. In the absence of an agreement to the contrary, military personnel taking part in a multinational operation are subject to the criminal jurisdiction of the receiving state. Because of the potential ramifications that may result from a receiving state exercising jurisdiction over multinational deployed personnel, a SOFA is often deemed essential prior to a deployment. While a SOFA may come in many procedural formats, it generally addresses three substantive areas of foreign criminal jurisdiction:
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The first involves those cases where the sending state has exclusive jurisdiction. Under exclusive jurisdiction, the sending state retains sole jurisdiction over cases where its personnel have committed an offense punishable under its laws, but not the laws of the receiving state.
These offenses are primarily those characterized as purely “military” offenses (such as absent without leave or dereliction of duty) under the sending state’s military criminal code.
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The second area involves those cases where the receiving state exercises exclusive jurisdiction.
These offenses are commonly receiving state traffic offenses—offenses that are punishable under the la