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Introduction to Military Law

Command and Control

Law of Armed Conflict

What does “Command” mean?

“The authority that a commander in the Armed Forces lawfully exercises over subordinates by virtue of rank or assignment.

Command includes the authority and responsibility for effectively using available resources and for planning the employment of, organizing, directing, coordinating, and controlling military forces for the accomplishment of assigned missions.

It also includes responsibility for health, welfare, morale, and discipline of assigned personnel.” DOD Dictionary – Joint Pub 1-

“The exercise of authority and direction by a properly designated commander over assigned and attached forces in the accomplishment of the mission. Also called C2.”

DOD Dictionary – Joint Pub 1-

What does “Command

and Control” mean?

7 October 2004

What does

“JOINT” mean?

WE FIGHT

“Connotes activities, operations, organizations, etc., in which elements of two or more Military Departments participate” DOD Dictionary – Joint Pub 1-

Modern warfare demands we (the military) fight as a integrated team…American military operations are conducted under JOINT force commanders—in other words…

Overview

• The basics – definitions
• Organizations within the military chain of

command

• Command relationships
• Command authority

How is command and control

exercised?

 By the President and SECDEF through two distinct branches:  Operational: Direction of forces assigned to combatant commands  Administrative: Other than operational direction

 Operational branch:  President through SECDEF to the combatant commanders (and subordinates if authority is delegated)

 Administrative branch:  President through SECDEF to Service secretary to CSAF to MAJCOM/NAF/WING

The President

• The President holds the constitutional authority

to direct the Armed Forces

• “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.”
• U.S. Constitution, Article II, Section 2

The Role of Congress

• U.S. Constitution, Article I, Section 8:
  • To declare War…;
  • To raise and support Armies…;
  • To provide and maintain a Navy;
  • To make Rules for the Government and Regulation of the land and naval Forces [the Uniform Code of Military Justice]; and
  • To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…. [including fiscal matters]

Important functions, but NOT in our “chain of command”

The National Security

Council

• Chaired by the President
• President’s principal forum for considering national security and foreign policy matters
• Function: Council advises and assists the President on national security and foreign policy

Important functions, but NOT in our “chain of command”

The Armed Services

• 3 Military Departments: Air Force, Army,

Navy (+ Marines), sometimes USCG

• Service Secretaries are responsible for
  • Recruiting
  • Organizing
  • Supplying
  • Equipping
  • Training
• Services DO NOT fight wars!!

The Air Force

• Major Commands
  • ACC, AMC, AETC, AFMC, AFSOC, USAFE, PACAF
• Numbered Air Forces
  • 1st AF, 9th AF, 12th AF, etc.
• Wings
• Groups
• Squadrons

The Chairman of the Joint

Chiefs of Staff

• Not a Commander
• The Principal Military Advisor to the President and SECDEF
• Presides over JCS
• Assists communication between the President/SECDEF and the Combatant Commanders
• Coordinates with Combatant Commands - Roles and missions - Programs and budgets - Doctrine and joint training

Important functions, but NOT in our “chain of command”

Goldwater-Nichols

• The Goldwater-Nichols DoD Reorganization

Act of 1986

• Biggest change to DoD since NSA of 1947
• CJCS made principal military adviser
• CJCS manages Joint Staff
• Assigned all forces to Combatant

Commanders except those performing

“service-only” functions