dcsimg
This website is not affiliated with the U.S. government or military.

PREMOBILIZATION LEGAL ISSUES

 

Click here to download the presentation.

PREMOBILIZATION
LEGAL ISSUES
43d MP BDE

IMPORTANT ISSUES

Getting Wills and Powers of Attorney in order

Dependent Support

Protection under the Soldier's and Sailor's Civil Relief Act (SSCRA)

Reemployment Rights (USERRA)

Code of Conduct

What to do if detained

Law of War

Rules of Engagement (ROE)

WILLS

Controls what happens to your property if you die

Does NOT control life insurance

Can designate a guardian for minor children OR their money (life insurance included)

Recommended if you have property or children

POWERS OF ATTORNEY

Documents that let another person act on your behalf as "attorney in fact"

2 kinds; General (can do anything) and special (can do only specific things)

Durable Power of Attorney

YOU ARE RESPONSIBLE FOR ALL THAT IS DONE WITH THE POWER OF ATTORNEY

SGLI

No more "by law" or "by will" designations

Ways exist to designate who controls it for minors (to trustee designated in will)

DO NOT LEAVE IT TO SOMEONE BECAUSE YOU "KNOW" THEY WILL USE IT FOR YOUR CHILDREN!!!!

DEPENDENT SUPPORT

Soldiers must support dependents adequately, AR 608-99

Almost always, the amount of BAQ "with" for your grade is an absolute Minimum

Make sure your spouse can get to the money--joint bank accounts or allotment

SOLDIER'S AND SAILOR'S CIVIL RELIEF ACT

May provide financial relief for soldiers going on active duty

Can help legal issues from blowing up while you are away

Not a "cure-all" - Use it carefully and with help from a legal assistance attorney

FINANCIAL RELIEF AVAILABLE UNDER THE SSCRA

Can terminate a lease or prevent eviction

Can be used to reduce interest rates to 6% (includes credit cards)

Can be used to avoid repossession without a court order

However, military service must result in a change of circumstances making payment more difficult --"material effect" test

DOES NOT APPLY TO POST-SERVICE BILLS!!!

SSCRA AND CIVIL COURT PROCEEDINGS

If your military service has a "material effect" on your legal situation you may...

Ask for your proceedings to be "stayed"

Applies to Plaintiff and Defendant (civil cases)

Mil Ser prevents appearance and actual harm

If default judgment occurs during deployment you may be able to ask that it be reopened

Must do it within 90 days of AD

HEALTH COVERAGE

SSCRA covers non-employer sponsored health care

Can terminate your health care and use military for yourself and family

Can pick up your previous policy without a waiting period

Does not cover VA disability

TAXES

Domicile not the state assigned to

Bosinia, Herzegovina, Croatia and Macedonia are Hazardous duty areas

Enlisted pay is not subject to tax

Officer pay new cap is "maximum amount of enlisted pay" instead of the $500 limit (PL 104-117)

Filing

THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

Must give prior notice of military service to civilian employer unless a military necessity exists

Service cannot exceed 5 years per employer

Must terminate under "honorable conditions"

Must return in a timely manner

30 days - 8 hours + travel

31 to 180 - 14 days

181 or more - 90 days

PROTECTIONS AFFORDED BY USEERA

Prompt reinstatement

In same status (if less than 90 days same job), plus seniority

Other benefits given to employees who are on furlough or nonmilitary leave

Assistance and enforcement - Veterans' Employment and Training Service (VETS) 1-800-442-2838

CODE OF CONDUCT

Presidential Executive Order 10631

Applies to all members of the U.S. Armed forces

All combatant activities resulting in US force captivity

All terrorist activity resulting in US force captivity

ARTICLE I

I am an American fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.

ARTICLE II

I will never surrender of my own free will. If I am in command, I will never surrender the members of my command while they still have the means to resist.

ARTICLE III

If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.

ARTICLE IV

If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in an action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

ARTICLE V

When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the best of my ability. I will make no statements disloyal to my country or its allies or harmful to their cause.

IF YOU ARE ILLEGALLY DETAINED

Do not act as a combatant during evasion attempts

You hove no obligations to physically resist

Request immediate release, and to see a U.S. Government or NATO representative

You may explain circumstances leading to detention

Do not refuse to accept release unless release would be harmful to US or NATO mission

LAW OF WAR

WHERE DOES LAW OF WAR COME FROM

Tradition and custom

Hague Convention -- Weapons and Warfighting

Geneva Conventions -- POWs and Noncombatants

LAW OF WAR IS NOT THE SAME AS ROE

Rules of engagement are specific to an operation

Law of war is only one component

WHY FOLLOW THE LAW OF WAR?

The right thing to do morally

Violations can increase enemy resistance

Compliance can secure enemy compliance

Public opinion

IT'S THE LAW!!!War crime tribunals -- UCMJ

BASIC PRINCIPALS OF THE LAW OF WAR

MILITARY NECESSITY -- If not required for the mission, do not kill or destroy

PREVENTION OF UNNECESSARY SUFFERING -- Causing suffering for its own sake is unjustifiable; collateral damage must be minimized

PROPORTIONALITY -- Use of force must be an an appropriate level -- balancing test

MILITARY NECESSITY AND LAWFUL TARGETING

All combatants and objects which by their nature, location, and purpose or use make an effective contribution to military action

For Example: Military objectives, enemy personnel, defended places

UNLAWFUL TARGETS AND PROTECTED PERSONS

Non-combatants

Wounded and sick not in combat

POWs and detainees

Medical personnel

Chaplains

Persons attempting to surrender

Truce flag delegations

PROTECTED PLACES

Undefended buildings not subject to military use

Places of worship unless used militarily

Medical treatment areas

Historical and cultural sites

Places marked with protective symbols unless used inappropriately

PROTECTED THINGS

Medical supplies and vehicles

Historic landmarks

Dead bodies

Cultural "treasures"

USE OF WEAPONS

If it is an issued weapon with issued ammunition, its authorized

If the weapon or ammunition is altered, it may become illegal.

If not used proportionately, it may be misuse

TRICKS AND RUSES

Are legal if they are not based on law of war violations

Use of protective markings

TREATMENT OF CAPTIVES AND DETAINEES

Treat all captives and detainees humanely

Don't try to figure out who is entitled to POW treatment -- let higher command figure it out later

Allow enemy soldier to surrender and retain protective equipment

Safeguard all captives and care for sick/wounded

CRUNCH TIME

If you receive what you think might be an illegal order, QUESTION IT!!!

If your concerns are not resolved, go to higher level of leadership

You disobey order at your own peril, but Do you really want to be before an international court.

UNIFORM CODE OF MILITARY JUSTICE

Applies to you 24 hours a day during active duty, IDT, or AT

Shipping of contraband has resulted in prosecutions

Reservist can be held on active duty for court-martial

RULES OF ENGAGEMENT

Peace Enforcement Operations

Self - Defense

Use of Force for Other Purposes

Loading of Weapons

Challenge Procedures

Use of Deadly Force

Requirement to Use Proportional Force

Other Command Guidance

SELF DEFENSE

You have the right to use necessary minimum force, including deadly force, to defend yourself from hostile acts and hostile intent.

PEACE ENFORCEMENT OPERATIONS

Your mission is to implement the peace plan

The US is not at war

You will be authorized to use force only as necessary, and in keeping with the rules of engagement

Rules of engagement are subject to change from higher HQ; cannot be changed without coordination with higher HQ

USE OF FORCE FOR OTHER PURPOSES

Defend friendly forces, persons with protected status, and protected property against hostile acts or hostile intent

Defend against intrusion into command-designated, restricted areas

Defend against hostile forces that prevent NATO forces carrying out their duties

Disarm individuals (on-scene CDR must dir)

Perform authorized, directed military actions

OTHER ROE STANDARDS

Loading of Weapons

Challenge Procedures

Use of Deadly force

Hostile Act

Hostile Intent

How Force is Used

Force Required - Minimize collateral damage

OTHER GUIDANCE

Who you can stop, search and detain

Force cannot be used to punish

Treat all with respect and dignity

Respect social and religious customs

Show no favoritism toward any group

Show courtesy

OTHER GUIDANCE (CONT'D)

Do not take private property without your commander's permission

Looting or taking of "war trophies" found or taken from others are prohibited

Black marketing of goods is prohibited

Prevent and report any suspected crime committed under the law of armed conflict ("war crime")

QUESTIONS???