memorandum of justification concerning human ... - Just the Facts
memorandum of justification concerning human ... - Just the Facts
memorandum of justification concerning human ... - Just the Facts
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still underway to ensure that all AJOs answer directly to <strong>the</strong> Department <strong>of</strong> Naval<br />
Operations. As a resource for AJOs, in February 2008, <strong>the</strong> Ministry <strong>of</strong> Defense created<br />
<strong>the</strong> Office <strong>of</strong> Doctrine and Legal Advice (ODA). The ODA <strong>of</strong>fers legal advice to all<br />
commanders on <strong>the</strong> ground, and develops operational legal doctrine that ensures <strong>human</strong><br />
rights and International <strong>human</strong>itarian law obligations are met during <strong>the</strong> execution <strong>of</strong><br />
military operations. The ODA maintains direct contact with AJOs throughout <strong>the</strong><br />
country, <strong>of</strong>fering <strong>the</strong>m advice and legal resources as needed.<br />
The Armed Forces has increased <strong>the</strong> number <strong>of</strong> active AJOs from 54 in 2008 to 92<br />
in 2009: 73 in <strong>the</strong> Army, 7 in <strong>the</strong> Navy, and 12 in <strong>the</strong> Air Force. Of <strong>the</strong>se, 46 are still in<br />
training at <strong>the</strong> Army Cadet School and will begin <strong>the</strong>ir duties upon completion <strong>of</strong> <strong>the</strong><br />
required courses to graduate with <strong>the</strong> title <strong>of</strong> Specialized Administrative Officers in<br />
Operational Legal Advice.<br />
Rules <strong>of</strong> Engagement (responds to measure 12)<br />
On May 22, 2009, <strong>the</strong> Ministry <strong>of</strong> Defense issued Directive 17, which lays out two<br />
sets <strong>of</strong> ROEs for <strong>the</strong> Armed Forces, one on combat operations, and one on security<br />
operations. The Directive also orders <strong>the</strong> implementation <strong>of</strong> a system for <strong>the</strong>ir<br />
application, and training on ROEs for all members <strong>of</strong> <strong>the</strong> Armed Forces. Following this,<br />
<strong>the</strong> Department <strong>of</strong> Joint Education and Doctrine issued Directive 30 <strong>of</strong> 2009, which<br />
implements a Regional Scenarios Training Group (GEPER), a pilot project for running<br />
and putting into practice operational exercises for training and retraining <strong>of</strong> troops and<br />
<strong>of</strong>ficers on ROEs. Also in May 2009, <strong>the</strong> Ministry <strong>of</strong> Defense held an ROEs training<br />
workshop, which – with <strong>the</strong> help <strong>of</strong> U.S. Sou<strong>the</strong>rn Command – developed a contingency<br />
training plan for <strong>the</strong> implementation <strong>of</strong> ROEs. This plan is divided into three stages:<br />
command awareness, train <strong>the</strong> trainers, and ROE drills.<br />
Inspector Delegates (responds to measure 7)<br />
Through Directive 40, issued March 10, 2009, <strong>the</strong> General Command <strong>of</strong> <strong>the</strong> Armed<br />
Forces issued instructions for <strong>the</strong> organization and functioning <strong>of</strong> Inspector Delegates<br />
within <strong>the</strong> Armed Forces. Responsible for monitoring <strong>human</strong> rights and International<br />
<strong>human</strong>itarian law issues, <strong>the</strong> Armed Forces appointed ten Inspector Delegates, who report<br />
directly to <strong>the</strong> Inspector General <strong>of</strong> <strong>the</strong> Armed Forces. Seven <strong>of</strong> <strong>the</strong>se are assigned to <strong>the</strong><br />
Army, 2 to <strong>the</strong> Navy, and 1 to <strong>the</strong> Air Force. These Inspector Delegates are currently<br />
reviewing operational and intelligence procedures <strong>of</strong> <strong>the</strong> units under <strong>the</strong>ir jurisdiction, <strong>the</strong><br />
role <strong>of</strong> <strong>the</strong> AJO, operational files, and education in <strong>human</strong> rights and International<br />
<strong>human</strong>itarian law issues in <strong>the</strong> Armed Forces‘ Educational Schools and Centers <strong>of</strong><br />
Instruction and Training. As <strong>of</strong> May 2009, <strong>the</strong> Inspector Delegates had reviewed 70 units<br />
within <strong>the</strong> Army.<br />
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