PREMOBILIZATION LEGAL ISSUES

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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)

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

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

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!!!!

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

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

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!!!

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

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

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

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

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

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

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.

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.

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.

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.

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.

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

Tradition and custom

Hague Convention — Weapons and Warfighting

Geneva Conventions — POWs and Noncombatants

Rules of engagement are specific to an operation

Law of war is only one component

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

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

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

Non-combatants

Wounded and sick not in combat

POWs and detainees

Medical personnel

Chaplains

Persons attempting to surrender

Truce flag delegations

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

Medical supplies and vehicles

Historic landmarks

Dead bodies

Cultural “treasures”

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

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

Use of protective markings

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

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.

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

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

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

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

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

Loading of Weapons

Challenge Procedures

Use of Deadly force

Hostile Act

Hostile Intent

How Force is Used

Force Required – Minimize collateral damage

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

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”)