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???