Army Regulation AR 15-6 Procedures for Administrative Investigations and Boards of Officers April 2016


Book Description

This publication, Army Regulation AR 15-6 Procedures for Administrative Investigations and Boards of Officers April 2016, establishes procedures for conducting preliminary inquiries, administrative investigations, and boards of officers when such procedures are not established by other regulations or directives. Even when not specifically made applicable, this regulation may be used as a general guide for investigations or boards authorized by another regulation or directive. There are three types of fact-finding or evidence-gathering procedures under this regulation: preliminary inquiries, administrative investigations, and boards of officers. Proceedings conducted pursuant to chapter 4 are preliminary inquiries. Proceedings involving a single investigating officer (IO), with or without assistance from assistant IOs, that use the informal procedures delineated in chapters 5 and 6, as applicable, are designated administrative investigations. Proceedings involving one or more IOs that use the formal procedures delineated in chapter 7 are designated a board of officers.




The Impact of Emerging Technologies on the Law of Armed Conflict


Book Description

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.







U.S. Department of Defense Civilian Casualty Policies and Procedures


Book Description

The U.S. Department of Defense (DoD), from its most-senior leaders to military operators in the field, has expressed a strong commitment to complying with the law of war and to mitigating civilian harm for legal, moral, and strategic reasons and for reasons related to mission-effectiveness. But above and beyond its law of war obligations, DoD implements policies and procedures at multiple levels to mitigate civilian harm during armed conflict. In this report, researchers from the RAND Corporation and the Center for Naval Analyses (CNA) conduct an independent assessment of DoD standards, processes, procedures, and policies relating to civilian casualties resulting from U.S. military operations. In particular, the researchers examine DoD's efforts to assess, investigate, and respond to civilian harm, as well as DoD's resourcing and structure to address such issues. The researchers outline their findings and recommendations for how DoD can improve in these areas.







Army History


Book Description




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Legal Support to Military Operations


Book Description

Provides doctrine for the planning, training, and execution of legal support to joint military operations. It sets forth joint doctrine to guide the activities and performance of the Armed Forces of the U.S. in operations and provides the doctrinal basis for interagency coordination and for U.S. military involvement in multi-national operations. Provides military guidance for the exercise of authority by combatant commanders and other joint force commanders (JFCs) and prescribes joint doctrine for operations and training. Provides military guidance for use by the Armed Forces in preparing their appropriate plans. Illustrations.




Report of the Fort Hood Independent Review Committee


Book Description

The U. S. Secretary of the Army appointed the Fort Hood Independent Review Committee(FHIRC or Committee) and directed it to "conduct a comprehensive assessment of the Fort Hoodcommand climate and culture, and its impact, if any, on the safety, welfare and readiness of ourSoldiers and units." In addressing this mandate, the FHIRC determined that during the time periodcovered by the Review, the command climate relative to the Sexual Harassment/Assault Responseand Prevention (SHARP) Program at Fort Hood was ineffective, to the extent that there was apermissive environment for sexual assault and sexual harassment.As set forth in this Report, specific Findings demonstrate that the implementation of theSHARP Program was ineffective. During the review period, no Commanding General or subordinateechelon commander chose to intervene proactively and mitigate known risks of high crime, sexualassault and sexual harassment. The result was a pervasive lack of confidence in the SHARP Programand an unacceptable lack of knowledge of core SHARP components regarding reporting and certainvictim services. Under a structurally weak and under-resourced III Corps SHARP Program, theSexual Assault Review Board (SARB) process was primarily utilized to address administrative and notthe actual substantive aspects of the Program. While a powerful tool by design, the SARB processbecame a missed opportunity to develop and implement proactive strategies to create a respectfulculture and prevent and reduce incidents of sexual assault and sexual harassment. From the III Corpslevel and below, the SHARP Program was chronically under-resourced, due to understaffing, lack oftraining, lack of credentialed SHARP professionals, and lack of funding. Most of all, it lackedcommand emphasis where it was needed the most: the enlisted ranks.A resonant symptom of the SHARP Program's ineffective implementation was significantunderreporting of sexual harassment and sexual assault. Without intervention from the NCOs andofficers entrusted with their health and safety, victims feared the inevitable consequences of reporting: ostracism, shunning and shaming, harsh treatment, and indelible damage to their career. Many haveleft the Army or plan to do so at the earliest opportunity.As part of the command climate, the issues of crime and Criminal Investigation Division(CID) operations were examined. The Committee determined that serious crime issues on and offFort Hood were neither identified nor addressed. There was a conspicuous absence of an effectiverisk management approach to crime incident reduction and Soldier victimization. A militaryinstallation is essentially a large, gated community. The Commander of a military installation possessesa wide variety of options to proactively address and mitigate the spectrum of crime incidents. Despitehaving the capability, very few tools were employed at Fort Hood to do so. Both the Directorate ofEmergency Services (DES) and the CID have a mandate and a role to play in crime reduction.Each contributed very little analysis, feedback and general situational awareness to the command towardfacilitating and enabling such actions. This was another missed opportunity.The deficient climate also extended into the missing Soldier scenarios, where no onerecognized the slippage in accountability procedures and unwillingness or lack of ability of noncommissioned officers (NCOs) to keep track of their subordinates. The absence of any formalprotocols for Soldiers who fail to report resulted in an ad hoc approach by units and Military Police(MP) to effectively address instances of missing Soldiers during the critical first 24 hours, again withadverse consequences.Consistent with the FHIRC Charter, this Report sets forth nine Findings and offers seventyRecommendations.




Army Leadership and the Profession (ADP 6-22)


Book Description

ADP 6-22 describes enduring concepts of leadership through the core competencies and attributes required of leaders of all cohorts and all organizations, regardless of mission or setting. These principles reflect decades of experience and validated scientific knowledge.An ideal Army leader serves as a role model through strong intellect, physical presence, professional competence, and moral character. An Army leader is able and willing to act decisively, within superior leaders' intent and purpose, and in the organization's best interests. Army leaders recognize that organizations, built on mutual trust and confidence, accomplish missions. Every member of the Army, military or civilian, is part of a team and functions in the role of leader and subordinate. Being a good subordinate is part of being an effective leader. Leaders do not just lead subordinates--they also lead other leaders. Leaders are not limited to just those designated by position, rank, or authority.