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HEADQUARTERS, CFC 9518
Seoul, ROK
1June 19XX
APPENDIX 4 TO ANNEX E TO CFC OPLAN (KOREA) 9518X-XX LEGAL
REFERENCES:
a. Status of Forces Agreement UNITED STATES of AMERICA and the REPUBLIC of SOUTH
KOREA, 1 June 19WW.
b. Status of Forces Agreement UNITED STATES of AMERICA and the JAPAN, 1 June 19WW.
c. Manual of Courts-Martial, United States, 1984.
d. DOD Dir. 5100.77, “DOD Law of War Program.”
e. DOD Dir. 5510.3, “Authority to Convene General Courts-Martial.”
f. DOD Dir. 5515.8, “Single Service Assignment of Responsibility for Processing Claims.”
g. DOD Dir. 5530.3, “International Agreements.”
h. FM 27-10, “The Law of Land Warfare.”
i. DA Pam 27-1, “Treaties Governing Law Warfare.”
j. DA Pam 27-1-1, “Protocols to the Geneva Conventions.”
k. AFP 110-31, “International Law-The Conduct of Armed Conflict and Air Operations.”
l. NWIP 10-2, “Law of Naval Warfare.”
1.
Legal Basis for the Operation. As the duly elected and sovereign government, the Government of
South Korea has requested assistance from the South East Asia Treaty Organization (SEATO) under the
provisions of the SEATO charter of 1948 and subsequent amendments and protocols, especially the
Convention on Duties and Rights of States in the Event of Acts of War (1957) and Articles 3 and 6 of the
SEATO Treaty of Reciprocal Assistance (1958).
2. General Order Number One. To be published upon deployment.
3. General Guidance
a. Purpose. This Annex prescribes policies and procedures for legal support and services for JTF
Korea.
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b. The CFC Staff Judge Advocate will coordinate and control all legal activities incident to the
conduct of the operation. The SJA of each Service Component/supporting command will maintain close
liaison and coordination with the CFC SJA.
c. The CFC SJA will serve as the principal point of contact, for the operational law matters within the
San Marcan JOA. Service Component and supporting command SJAs will advise their respective command
in coordination with the CFC SJA.
2. Specific Guidance
a. International Legal Considerations
(1) Foreign Criminal Jurisdictions. Service Components shall report any incidents involving
investigation, arrest, apprehension, or the bringing of civil or criminal charges against a member of the JTF
by a foreign jurisdiction to the CFC SJA.
(2) Law of Armed Conflict (LOAC)
(a) The LOAC is that part of international law that regulates the conduct of armed
hostilities and establishes protection for victims of war. The CFC SJA is CINCKorea’s principal LOAC
Advisor.
(b) Alleged violations of the LOAC will be investigated and reported in accordance
with procedures contained in this Appendix.
(c) Service Components Commanders will ensure all personnel are trained on the
laws of war and current rules of engagement (ROE) throughout the course of the operation.
(d) Service Components Commanders will ensure a Judge Advocate reviews all
plans, orders, target list, policies, and procedures for compliance with applicable law and policy, including the
LOAC and the ROE.
b. Claims
(1) COMJTF Korea will be the executive agent for the claims program and will directly
coordinate with Commander, US Army Claims Service, Panama, concerning implementation.
(2) Service Component Commanders and subordinate units will comply with claims policies
and procedures established by JTF Korea and will be prepared to establish foreign claims commissions.
(3) Claims by members of the US forces will be processed in accordance with the policies
and regulation of each Service Component.
c. Military Justice
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(1) Military Justice will be administered in accordance with the Uniform Code of Military
Justice (UCMJ), the Manual for Courts-Martial, applicable Service Component regulations, and any subject
directives from the DOD.
(2) Nonjudicial punishment under Article 15, UCMJ, will be administered through the
member's Service Component chain of command.
(3) The senior commander of each Service Component will ensure that subordinate units
and personnel are attached for the administration of military justice to appropriate units and that sufficient
general court martial convening authority or authorities are designated to serve the units of that Service
Component.
(4) COMJTF Korea will exercise authority as general court-martial convening authority over
personnel assigned or attached to the JTF Korea headquarters if delegated GCM authority by SECDEF.
(5) CINCKorea is a general court-martial convening authority and may in individual cases
reserve to himself jurisdiction over any member of JTF Korea.
(6) Courts-Martial will not be processed within the territorial limits of South Korea unless and
until the South Korea Government either agrees to adhere to the SOFA or otherwise concurs in trials within
its territory.
(7) In cases involving violations which concurrently violate US and South Korean law,
commanders will not send to trial any accused over whom South Korea has declined to waive its primary
jurisdiction without prior coordination with the JTF Korea Legal Advisor.
d. Acquisitions During Combat or Military Operations
(1) The existing provisions of US statues and regulations regarding federal acquisition of
goods and services remain fully applicable to JTF Korea forces during combat or military operations.
Additionally, any acquisitions during combat operations must comply with LOAC.
(2) Public property of the enemy may be seized and used for military purposes without
compensation.
(3) Private property of persons residing in enemy territory that is susceptible to military use
may be seized. Component commanders will promulgate instructions for documenting property.
e. Fiscal Law Considerations. To Be Published.
f. Legal Review of Rules of Engagement
(1) ROE and request for supplemental ROE will be forwarded to the CFC CJG1 and CFC
SJA for consideration. All ROE and ROE request will be reviewed by command/supporting SJAs for clarity,
consistency, and compliance with applicable law.
(2) CFC rules of Engagement (ROE) are published at Appendix 6 to annex C.
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g. Law of War
(1) The law of armed conflict includes but is not limited to the Geneva Conventions of 1949,
Hague Convention IV Respecting the Laws and Customs of War on Land, and the Hague Regulations.
(2) Violations of the law of armed conflict may be a criminal offense under the UCMJ and
international law. Such acts include, but are not limited to willful killing, torture, or inhuman treatment to
include biological experiments, or willfully causing great suffering or serious injury to body or health of a
person protected by the conventions. Protected persons include EPW, the sick and wounded, and civilians
under the care of a belligerent or who are mistreated. Violations of the law of armed conflict may be
committed by allied forces, enemy, or US forces.
(3) Any person who observes a law of armed conflict violation shall report it to the chain of
command; military, security police, or PACFLT Security Forces; Criminal Investigative Division, serving
Inspector General, Staff Judge Advocate, or Chaplain. Anyone receiving a report of a law of armed conflict
violation will forward it immediately to the chain of command. Anyone, having knowledge of commission of
one of the offenses listed in paragraph 2e(2) above who fails to report it or, having received a report, fails to
report it to the next level of the chain of command or one of the other agencies listed in this paragraph may
be punished under the UCMJ for violating a lawful general order which this provision shall constitute when
this plan is executed.
(4) Service Component Commanders will promptly investigate all allegations of violations of
the law of war. Violations will be reported to the Service Component Commander concerned then to
COMJTF Korea, Attention: Legal Advisor.
h. Environmental Law Considerations. To be published separately
i. Intelligence law Considerations. To be published separately.
j. Humanitarian Law. To be published separately.
k. Operations Other Than War. To be published separately.
l. Nuclear, Biological and Chemical Weapons. To be published separately.
m.Targeting and weaponry (including non-lethal weapons). COMJTF Korea will ensure that all
strategic targeting decisions are reviewed by command/supporting SJAs for LOAC compliance. Tactical
decisions involving targets other than weapons systems, troop formations, or military bases will also be
reviewed for LOAC compliance.
n. Enemy Prisoners of War. See Appendix 1 to this Annex.
o. Interaction with the International Committee of the Red Cross (ICRC) and other NonGovernmental and private Voluntary Organizations (NGOs/PVOs). To be published separately.
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