1

The overall classification of this briefing is UNCLASSIFIEDApproved by: 4ID G2

CPT William A. ObringerChief, Operational Law

4th Infantry Division (Mechanized)

Law in the Deployed Environment

Roles and Responsibilities of an Operational Law Attorney

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Agenda

• Introduction

• Basic Military and Legal Structures

• Operational Law Attorney

• OIF 07-09 – The Changing Role of Operational Law

• Questions

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Introduction

• American University, B.A. 1999• Widener Delaware, J.D. 2005• Commissioned as a 1st Lieutenant

and entered U.S. Army 2 Jan 2006• Assigned to 4th Infantry Division

(Mechanized) Jan 2007 • Deployed to Iraq Nov 2007 as

Operational Law Attorney, Nov 2007 – Aug 2008

• Chief of Operational Law, Sep 2008 - Present

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Legal Representation in the Army Structure

XXX

CORPS•Commanded by Lieutenant General (3

Stars)•Commands between 1 – 4 Divisions •Between 1000-2000 headquarters

personnel•OSJA Office approximately 30

attorneys and 20 paralegals•SJA Colonel (O-6)•Deputy and Branch Chiefs

Lieutenant Colonels/Commanders (O-5)

•Operational Law – Divided by Plans, Future Ops, & Current Ops

•Administrative Law•Fiscal Law•Rule of Law•Criminal Law•Client Services

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DIVISION•Commanded by Major General (2 Stars)•Commands between 2 – 5 Brigades•Between 2000 headquarters personnel•OSJA Office 13 attorneys and 15 paralegals

•SJA LTC (O-5)•DSJA MAJ (O-4);Branch Chiefs MAJ or

CPT•Operational Law •Administrative Law•Rule of Law•Criminal Law•Client Services

X

BRIGADE•Commanded by Colonel (O-6)•Commands between 2 – 5 Battalions•Between 3500 and 4000 Soldiers•BOLT 2 or 3 attorneys and 3 or 4

paralegals•BJA Major (O-4)•Trial Counsel Captain (O-3)•Client Services Captain (O-3)

I I

BATTALION/SQUADRON•Commanded by Lieutenant Colonel

(O-5)•Commands 5 Companies•Approximately 700 Soldiers•No Judge Advocates •Each BN has 1 paralegal assigned •All legal services come from BCT

I

COMPANY/TROOP/BATTERY•Commanded by Captain (O-3)•Commands 3 -4 Platoons•Approximately 130 Soldiers•No direct legal support •All legal services come from BCT

PLATOON•Lead by 1st or 2nd Lieutenant (O-1 or

O-2)•Leads 3 Squads•Approximately 30 Soldiers•No direct legal support •All legal services come from BCT

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Division Staff StructureCivil Affairs

Information Ops

Finance

Coms & IT

Plans

Personnel

Intelligence

Logistics

G9

Force Pro

Div Engineer

SJA

Chaplain

D-COS

G8

G7

G6

G5

G4

G2

G1

Div Surgeon

COMMAND STAFF•Commanding General – Major General•Deputy Commanding General (Maneuver) – Brigadier General•Deputy Commanding General (Support) – Brigadier General•Chief of Staff – Colonel•G3 (Operations) - Colonel

ProvostMarshal

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Office of the Staff Judge Advocate

Staff Judge Advocate

Deputy Staff Judge Advocate

Chief of Client Services

Chief of JusticeChief of Administrative

Law

Chief of Operational

Law

•Chief of Op Law•2 Op Law Attys•1 Detention Ops Atty•3 Paralegals

•Chief of Ad Law•2 Ad Law Attys•1 Fiscal Law Atty•2 Paralegals

•Chief of Justice•1 Trial Counsel •1 Trial Counsel per BCT•4 Paralegals

•Chief of Client Services•1 Legal Assistance Atty•1 Paralegal

Chief Paralegal NCO

Legal Administrator

Brigade Operational Legal Team

•Brigade JA (Major)•Trial Counsel (Captain)•Client Services (Captain)•Brigade Paralegal NCO•1 Paralegal per BN•2 Brigade paralegals

MND-B – 16 December 2007•9 Security Districts•Abu Guraib Qa’da•Taji Qa’da•7 Brigades, 26 Battalions•283.4 sq. mi.

MND-B – 10 February 2009•9 Security Districts•Abu Guraib, Taji, Maqumudia, Ma’dain, Yousifia, Qa’das •5 Brigades, 16 Battalions•1,751.8 sq. mi.

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Key Dates for MND-B

• Deployed 27 Nov 2007• Transfer of Authority 16 Dec 2007• “March Madness” 24 Mar 2008• Non-Lethal Focus• MND-B aligns with Baghdad

Province/SOI Transition

November December January February March

May JulyApril June August

JanuaryNovemberSeptember DecemberOctober

February

1 311 31 1 31

1 311 31

1 311 31

1 31

1 15 30

1 301 30

1 30

1 31

1 28

1 28

1 30

• Warrant Based Targeting Begins• SOFA Signed 27 Nov 2008• UNSCR 1790 Expires 31 Jan 2008• SOFA takes effect 1 Jan 2009• Iraqi Provincial Elections• 4ID re-deployes 10 Feb 2009

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The Operational Law Attorney

• One of the Six Core Competencies of the JAG Corps• Specialized Generalist

– Rules of Engagement (CHOPS, FUOPS, G3, G5, AVN) – Rule of Law (G9, Dept. of State)– Escalation of Force (FUOPS, G3, Force Pro)– International Agreements / SOFAs – Psychological Operations (G7)– Information Operations (G2, G7) – Intelligence Operations (G2, G2X)– Detention Operations (G2, G2X, PMO)– Operational Law Planner for the Division (G5)– Domestic Operations/Posse Comitatus

• Works with Division Operational Staff to provide legal advice on Current and Future Operations

• Responds to questions from Brigades on Operational Law questions

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OIF 07-09 – The Changing Role of Operational Law

• 16 December 2007 (TOA) – May 2008– Learning the Job– Kinetic Targeting– “March Madness”

• June 2008 – December 2008– Shia flight and Sunni regroup– Rule of Law – SOI Transition/Elections

• The Security Agreement– Implementing the SA– Warrant Based Targeting– Detention Ops

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16 December 2007 (TOA) – May 2008

• Learning the Job

– Law of Armed Conflict (LOAC)– Rules of Engagement (ROE)– Escalation of Force (EOF)

• “March Madness” and Kinetic Targeting

April 12, 2023

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4 Fundamental LOAC Principles

• Military Necessity

• Discrimination

• Proportionality

• No Unnecessary Suffering

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LOAC Fundamental Principles• Military Necessity

• Can only strike or capture targets that offer a definite military advantage due to their nature, location, purpose, or use

• Does not authorize acts otherwise prohibited by LOAC

• Discrimination

• Requires that ALL attacks be directed only at hostile forces and military objectives

• At ALL times, MUST distinguish between hostile forces and civilians

• Civilians (both gender and all ages) become a hostile force if they commit a hostile act or display hostile intent…more to follow on hostile act/hostile intent

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Distinction

•Positive Identification (PID)

• PID is a reasonable certainty that the individual or object of attack is a military objective in accordance with the ROE.

• Not an absolute certainty; would a reasonable person under the same circumstances have made the same determination

• A judgment call based on all information available to the trigger puller; e.g. intelligence, known enemy TTPs, circumstances, time, location, behavior.

• PID is the key to every engagement – if you don’t have PID, you CANNOT engage

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LOAC Fundamental Principles• Proportionality

• Collateral Damage (incidental loss of life and property) VS. Concrete and direct military advantage anticipated

• On scene commander (OSC) uses the balancing test as a basis to determine what response, if any, is appropriate to decisively counter the threat, after taking into consideration the collateral damage expected

• Cannot engage if the collateral damage will be excessive compared to the military advantage anticipated by striking the target

• Unnecessary Suffering• Prohibits use of arms that are calculated to cause unnecessary suffering

• All US weapons are authorized if used properly

• Not authorized to use privately owned weapons, or to tamper with or alter issued weapons or ammunition

• If permitted to use deadly force, may use any proportional means available; not limited to a particular type of weapon for a particular type of target

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• You MUST protect any detainees in your custody – with deadly force if necessary

• They must be treated humanely• They must be given proper medical care, food,

water, shelter, basic hygiene, clothing• They must be promptly evacuated from the area;

no PID missions • Duty to protect and respect detainees

Detainees

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April 12, 2023

Collect And Care For Wounded

• Law requires you to care for enemy wounded – Once injured and no

longer posing a threat, they become non-combatants

– Treat enemy wounded as one of your own

– Safeguard from further attack

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• Treat ALL civilians and their property with respect and dignity

• Do not intentionally put civilians in danger

• May restrict freedom of movement for safety of US personnel or for safety of other civilians

• You may stop, detain, and search civilians when there is a reasonable belief that the individuals (1) are or were engaged in criminal activity, (2) interfere with mission accomplishment, (3) are on a list of people wanted for questioning for criminal or security reasons, or (4) detention is necessary for imperative reasons of security.

Treatment Of Civilians

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• Do not target the following except in self-defense:

– Cultural/historic buildings

– Government buildings

– Non Governmental Organization (NGO) property

– Government detention facilities

– Mosques, religious buildings

– Hospitals and clinics

– Schools, colleges, universities

– Civilian refugee camps and concentrations

– Facilities whose engagement results in pollution

– Dams or dikes whose engagement results in flooding of civilian areas

• Pre-planned damage or destruction requires CENTCOM CDR approval

Protect/Respect Property

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Rules of Engagement

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Self-Defense

• On scene commanders have the authority and obligation to use all necessary means available and to take all appropriate actions to defend their unit and other Coalition and Iraqi Security Forces from a hostile act or demonstration of hostile intent

– Also permitted to defend all US persons, detainees in MNF custody, personnel participating in military operations with MNF and the Iraqi Government, and NGOs

– Obtain/Maintain PID and respond with force necessary to eliminate the threat

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Hostile Act / Hostile Intent• Hostile Act

– You may engage an individual if you are reasonably certain (PID) they committed/are committing a hostile act

– Hostile Act: an attack or other use of force against US Forces, CF, ISF, US citizens, Iraqi civilians, and other designated persons and property

– It is also force used directly to preclude or impede the mission and/or duties of US Forces

– Proportional response requires that you only use deadly force if you are threatened with death or serious bodily injury

– Can engage someone who has committed a hostile act unless they surrender and no longer pose a threat or are out of the fight due to injury…you can engage someone running away after a hostile act or display of hostile intent

• Hostile Intent– You may engage an individual or individuals if you are reasonably certain (PID) they are exhibiting

hostile intent

– Hostile Intent: the threat of imminent use of force against US Forces, CF, ISF, US citizens, Iraqi civilians, and other designated persons and property

– The threat does not have to be immediate or instantaneous, but actions must make you reasonably certain that the individual intends to use force against designated persons or property

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Escalation Of Force

• Evaluation • Non-lethal measures:

– Visual Signs: Hand and arm signals, signal flags, laser pointers and dazzlers, spotlights, flares, etc

– Audible Signals: horn, siren, bull horns, vehicle mounted PA systems, etc

– Non-lethal munitions• Disengage/Bypass/Break Contact – If threat does not appear to be

displaying a hostile act after employment of the above measures and the mission permits, unit may deescalate situation to avoid unnecessary civilian casualties

• Lethal Measures. Should be used as a last resort and only in response to positive identification of hostile intent or a hostile act

– Warning Shot. Use sparingly, and only against a safe backdrop, aimed to the side of a vehicle, or in the direction away from civilian personnel or vehicles. If a safe warning shot cannot be fired, skip immediately to disabling or kill shot

– Disabling Shot. This shot is meant for vehicles only, and should be fired either at the tires or into the front grill of an oncoming vehicle

– Kill shot

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More Escalation Of Force• Entrance into a particular “bubble” (e.g. 100m) is not the trigger for use of lethal force. The

trigger is always PID of hostile act/hostile intent, which occurs in convoy situations when the vehicle ignores initial EOF measures and continues to pose a threat.

• EOF needs to be intelligence based

• Permit local traffic to move freely unless justified by current intel. In most situations, it is common for local vehicles to be NEXT TO YOU.

• When the intel picture or a particular vehicle suggests an increased threat, use EOF at appropriate standoff distances to assess whether there is hostile intent.

• Share the road vs. own the road

• Historical data indicates that the SVBIED threat to US Soldiers is extremely low; they normally target civilians.

• SVBIEDs are almost always driven by a single driver.

• Almost all Iraqis killed during vehicle EOFs have had no evidence of AIF activity.

• Always maintain audible and visual signals; maintain standoff equipment such as wire, cones, and spike strips; use tracers for warning shots; array weapon systems at halts to be able to disable threats on main avenues of approach; rehearse fire control measures and EOF actions

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“March Madness”

• Government of Iraq move to reclaim Basrah from Shia (Ja’ish al Mahdi)

• Coordinated Shia uprising in Basrah and in Baghdad (Sadr City and Shula)– Rocket attacks on the IZ and US

bases– Attempts to overrun Iraqi security

check points and SOI volunteers• MND-B response

– Sadr City Wall– Precision targeting of high level JAM

inside Sadr City– Iraqi lead with US support

• Result– Flight of most JAM leadership– Death of approximately 1000 JAM

fighters– Sadr City returned to government

control for first time since 2003

• http://www.youtube.com/watch?v=qGpqXDbkp-M

• OPLAW required to rewrite ROE• New threat to US Forces (IRAM)

– required us to develop new EOF tools

• Precision targeting required legal review

• Use of Iraqis as spotters for US targeting

• Use of certain weapons in urban environment

• Targeting constraints• Targeting of clinics/hospitals

being used by JAM

April 12, 2023

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“March Madness” Legal Question

• Situation– Insurgents use open fields in urban areas to fire rockets and

mortars at the Green Zone and US Bases– Because of possible errors in radar acquisitions and risk of

collateral damage can US Forces target open areas near POO sites

• Offset Targeting Terminology– Point of Origin (POO)– Point of Impact (POI)– Target Acquisition Radar– Counter Fire– Artillery 155mm Howitzer– Target Location Error (TLE)

April 12, 2023

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June 2008 – December 2008

• Shia flight and Sunni regroup

• Rule of Law

• SOI Transition/Elections

April 12, 2023

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Non-Lethal Operations

• Reconciliation– SOI Transition

• Psychological Operations

• Future Planning– Expansion– Re-Deployment

• Fiscal Law Considerations

• Ensure that Human rights and LOAC obeyed

• Part of the planning team – legal troubleshoot

April 12, 2023

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Rule of Law

• Joint Common Plan – Rule of Law Goals– The public and private obligations of any person are known or readily determinable.– Disputes regarding these obligations are resolved effectively and impartially, and only

by the state or by a method sanctioned by the state.– The state complies with the law and its procedures.– Persons are secure in their person and property, are free from illegal hard or threatened

harm, and violations of this security will be vindicated by the state.– The state protects basic human rights.– All persons rely on the existence of legal institutions and the content of laws and

regulations to conduct their daily lives and resolve disputes voluntarily.

• Iraqi Security Forces Detainees– Tracking down detainee locations– Getting them out of detention

• Iraqi Courts– Central Criminal Court of Iraq– Local Courts– Judicial Security

April 12, 2023

32

The overall classification of this briefing is UNCLASSIFIEDApproved by: 4ID G2

CPT William A. ObringerChief, Operational Law

4th Infantry Division (Mechanized)

RUSAFA –XXX

XXX XXX

9TH IA HQ - 382

250 382

W RASHID

E RASHID

SADR CITY

WEST RASHID (5-2 NP): 15

30 60

EAST RASHID (7-2 NP): 12

25 50

MAHMUDIYAH (17-6 IA): 58

130 300

ADHAMIYAH (42-11 IA): 0

85 108

RUSTAMIYAH (9 IA HQ): 118

250 325

BAGHDAD ISF DETAINEE POPULATIONS Reported by BOC, IPS, MOD, and ICS as of 26 Oct 08

SALMAN PAK (1-1 & 3-1 NP): 0

40 100

UNCLASSIFIED/ FOUO

BOC TOTAL: 1735

NORMAL SURGE

1960 3317

TAJI (34-9 IA): 0

15 30

ABU GHURAIB (24-6 IA): 313

120 306

AL MANSOUR (54-6 IA) 8

55 100

NP HQ:0

125 150

KADAMIYAH (22-6 IA): 44

120 120

CID 1: 25

100 100

CID 2: 5

100 100

CID HQs: 262

150 175

KARKH AREA COMMAND TOTAL: 1346

940 2026

RUSAFA AREA COMMAND TOTAL: 389

745 941

2ND NP HQ: 696

430 900

MUTHANA (M2): 200

150 200

11 IA HQ: 271

250 450

OLD MOD: 0

85 108 CID TOTAL: 292

350 375

KEY

NAME (UNIT): CURRENT POPULATION

RATED CAPACITY

SURGE CAPACITY

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Changing Operations

• Security Agreement

• Warrant Based Targeting

• Detention Operations

April 12, 2023

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Security Agreement

• UNSCR 1790 entered into effect 1 JAN 08 – last UNSCR authorizing international forces in Iraq

• Security Agreement was supposed to be signed in July 2008 to allow implementation

• Drafts leaked in June• New Iraqi negotiating team in July• Security Agreement signed late November• Security Agreement implemented 1 JAN 09

– Article 4 allows for US Forces to assist the GOI to combat Al Queda, terrorists, and outlaw groups

– Article 22 requires that all detainees captured be turned over to Iraqi authorities within 24 hours

– Article 22 also requires that all detainees in US custody be turned over to the GOI

April 12, 2023

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Security Agreement ImplementationCompany Commander Directives

Combined Operations– All combat operations will be combined; ISF

in the lead with US forces in an advisory role– Operations designed to detain an individual

must have ISF, a warrant, and a detainee processing plan

– Conduct combined combat operations in accordance with Combined Operations Matrix• Combat Operations – Offensive in nature

that seek the enemy – require full coordination and agreement as a combined operation with GOI/ISF

– Conduct CSS missions & non-essential movement during off-peak hours

– Conduct self-defense operations, as required • C-IDF, C-IRAM, C-VBIED

ROE– Right to Self-Defense / EOF remains

unchanged; the Right to Self-Defense will never be denied

– Soldiers are always on duty– US Soldiers and US Government Civilian

Employees…will not be detained

Warrant Based Targeting– All detentions require warrant

• Mentor partner units on conducting warrant based detentions

– EXCEPTIONS: Witnessed crime, attack against CF/ISF patrol individuals reasonably certain to have committed a criminal act, or self-defense• All TSTs combined, require warrant, and

must have a detainee processing plan

Detentions– Support Iraqi law in all matters– Within 24 hours, turn over detainees to

competent Iraqi authority – The 24-hour time period to hand over a

detainee to a competent Iraqi authority starts at the time and point of detention

– Competent Iraqi authorities (BN, BDE, DIV IA/NP CDR)

– No US interrogations in GOI or ISF facilities

ver 1.3

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Detention/Targeting – 1 January 2009

1. No detention or arrest may be carried out by the United States Forces  (except with respect to detention or arrest of members of the force and civilian component) except through an Iraqi decision issued in accordance with Iraqi law and pursuant to Article 4.

2.  In the event United States Forces detain or arrest persons as authorized by this Agreement or Iraqi law, such persons must be handed over to competent Iraqi authorities within 24 hours from the time of their detention or arrest.

3. The Iraqi authorities may request assistance from the United States in detaining or arresting wanted individuals.

4. In full and effective coordination with the Government of Iraq, upon entry into force of this Agreement, and unless otherwise requested by the Government of Iraq pursuant to and in accordance with Article 4, all detainees in the custody of the United States Forces shall be released in a safe and orderly manner.  The United States Forces shall ensure that upon the effective date of this Agreement all appropriate information regarding all detainee cases is provided to Iraqi officials.  The United States Forces shall, upon presentation of a valid Iraqi arrest warrant, turn over custody of the requested detainee to appropriate Iraqi authorities.  Appropriate Iraqi authorities shall work jointly with the United States Forces on this mission during this temporary period.

5. United States Forces may not search houses or other real estate properties except by order of a judicial warrant except in the case of actual combat operations conducted pursuant to Article 4 and in coordination with relevant Iraqi authorities.

SA Article 22

Purpose: Detain threat individuals IAW the proposed Security Agreement to facilitate a seamless transition to a post-UNSCR operating environment.

Key Tasks:•Conduct detainee operations within the bounds of USG authority and respect of Iraqi law/sovereignty/Constitution•Develop evidentiary-based methodology for detention operations•Continue to exploit high value detainees (HUMINT)•Work by, with, and thru Iraqi cops, courts, and corrections officials•Develop habitual working relationships with local judicial and criminal officials/leaders•Do not overburden Iraqi judicial and prison capacities

End State: Those that pose a threat to the stability and security of Iraq detained in either GoI or US custody. HUMINT gathered. CFs conducting detainee operations IAW Iraqi law, and with respect for Iraqi sovereignty, while maintaining pressure on threat networks. Iraqi criminal & judicial systems postured for sustained processing of threat individuals.

Approved MNC-I CDRs Intent

MNC-I, ICW the GoI, conducts evidentiary based detainee operations that respects Iraqi sovereignty, promotes Iraqi rule of law, and maintains pressure on threat networks IOT facilitate sustainable security and stability in Iraq.

Approved MNC-I Mission Statement

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SIGINT vs. Warrant Comparison

SOFA REQUIREMENTS•Detainees must be handed over to ISF within 24 hours•CF may detain if witness crime or have a warrant for arrest• Joint Missions with ISF lead• Transfer of detainees from ISF to CF at

IPOC

OPERATIONAL NEEDS•Joint facility• CF facility w/ ISF presence v ISF facility with TT

like presence• Continued interrogation of detainees• Classification constraints to evidence sharing •Access to Iraqi justice system• Continued engagement with local courts at BCT

level• Refined training on standards and procedures

Intelligence Collection

Security Detainee

Criminal Detainee

Intelligence Collection

CCCI/Karkh

TIF

Release To GOI System

Collection of Admissible Evidence

Legal ReviewDetain

MOJ Prison

Actionable Intel

Exploitation

Intelligence Collection

Detain

CF Evidence Review

CF Criminal Case

ISF Criminal Case

Release24 Hour

Review by IJ

WARRANT

Investigative Hearing

Collect intelligence with eye

toward admissible evidence and future prosecution

Actionable Intel & Sufficient Evidence

CCCI/Karkh

CCCI/Rusafa

WARRANT-BASED TARGETINGAnd you thought Cherry Pie Rocked!

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UA 1138: Abu ObringerShia

Sunni

Offense(s) / Incident(s)

Evidence•Physical Evidence: BATS/HIIDE

•Statement: witness statements from Abu Schellack and Abu Koon

•SIGINT: N/A

•Other:

Warrant Request Initiated

Evidence Collection

-Statements (Witness/Detainee)

-Biometric Lab Reports

-Pictures of Evidence

-Pictures of Evidence with Suspect

-Latent Fingerprints

-Crime Scene Pictures

-Crime Scene Diagram

Packet Translated

Packet to Iraqi Judge (IJ)

Warrant Issued

Prosecution Packet

AQI

BKH

AAH

USE

2 or morePressure the

Network thru Quantity

Pursue Warrant

1

0Pass to BOC

& INIS

Attack Network thru HVIs

Not an HVI BCT HVI DIV HVI

Evid

ence

Target Value

Detained

Suspect’s P

icture

Completed

In Progress

Incomplete

Fill this block with 5 Ws:Who: Abu ObringerWhat: FacilitatorWhen: Nov 07 to PresentWhere: Abu Guraib, GhazWhy:

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MND-B Soldier Rules – How We Support the Security Agreement

• (U) The Security Agreement is a historic milestone. On 1 January 2009, our mission continues—no change. We protect the Iraqi people with our Iraqi Security Force partners.

• (U) We always remain on duty and vigilant. We never relax our posture.

• (U) We respect Iraqi law and support Iraqi sovereignty.

• (U) We adapt our actions to change the ways we operate as a result of the Security Agreement:

(U) We conduct all combat operations combined with our Iraqi Security Force partners. (U) We operate in accordance with our rules of engagement. Our rules of engagement continue

to empower us to act in self defense and in defense of the Iraqi people, and require us to intervene as necessary to stop and report violations of the Law of Armed Conflict and Iraqi law.

(U) Within cities, we occupy joint security stations with our Iraqi Security Force partners. (U) We limit non-mission essential military traffic to non-peak hours (1600-0800 HRS). (U) We adjust certain flight routes over the city to minimize our visible signature. MEDEVAC

flights continue to take the most direct route to a medical treatment facility. (U) We detain with a warrant issued by an appropriate Iraqi judge and with the knowledge of our

Iraqi Security Force partners. We retain the ability to detain or action without a warrant if an individual is caught in the act of committing a crime or a terrorist act.

(U) Within 24 hours of detention, we must turnover detained individuals to a competent Iraqi authority for disposition and abide by that disposition.

(U) Soldiers or US Government civilian employees will not be detained by Iraqi authorities. We are always on duty and therefore under the jurisdiction of the United States.

• (U) We are American Soldiers and live by the Soldiers’ Creed.

ver 1.1

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MND-B Guidance

• Ironhorse 6 Directives– Conduct detentions within the spirit of the Security Agreement and with

full disclosure to the GoI– Physically hand over detainee to competent Iraqi authority within 24

hours from the time and point of detention– Maintain the MND-B detention facility at Liberty– Establish two Division Interrogation Sites, one (1) at FOB Justice and

one (1) at FOB OLD MOD

• Division Guidance– 100% combined detention operations– Competent Iraqi Authority is a ISF BN CDR or above– BCTs request access to detainees through MND-B G2 for interrogations

at one of the established Division Interrogation Sites– BCTs may request a GoI to USF transfer for a period of 14 days– New requirements for the TIF: Warrant/detention order and MFR of

Competent Iraqi Authority requesting CF to retain custody

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April 12, 2023

Questions?william.obringer@us.army.mil