JP 3-16, Multinational Operations - Defense Technical Information ...

Chapter III
(a) Normally, such issues will be formally resolved with HNs through the
development of appropriate technical agreements to augment existing or recently developed
status-of-forces agreements (SOFAs) or status of mission agreements. These agreements,
negotiated between the HN and the sponsoring organization on behalf of the participating
countries, establish the detailed legal status of MNFs.
(b) Authority to negotiate a SOFA is held at the national level. For US forces,
some specified portions of that authority have been delegated to the Joint Staff and CCDRs.
Neither the MNFC nor the staff has such authority without specific approval or delegation
from higher authority. Before any negotiations or agreement with another nation, the SJA or
appropriate legal authorities should be consulted. US forces remain subject to the Uniform
Code of Military Justice, which will be administered by the appropriate US commander.
(2) The commander may also create structures such as committees to address
sovereignty issues. These committees may be chaired by military or nonmilitary
representatives of the HN to facilitate cooperation and build trust. These organizations could
facilitate operations by reducing sensitivities and misunderstandings and removing
impediments. In many cases, SC organizations, NGOs, and IGOs resident in the HN can
help establish good will with the HN. In some cases, these organizations may also be called
upon to assist in the conduct of operations or in establishing a congenial relationship in the
HN.
5. Legal
a. Commanders must ensure that MNTF forces comply with applicable national and
international laws during the conduct of all military operations. Participating nations should
provide commanders with access to legal advice throughout the operation to facilitate a
comprehensive understanding of any national differences. In operations under the authority
of NATO, relevant alliance documents will be applicable.
b. US forces will comply with the law of war (also referred to as the law of armed
conflict [LOAC]) during all armed conflicts and in all other military operations.
Additionally, US forces will be trained in the law of war. US forces will report all possible,
suspected, or alleged violations of the law of war (for which there is credible information or
conduct during military operations that would constitute a violation of the law of war if it
occurred during an armed conflict) through command channels.
Refer to DODD 2311.01E, DOD Law of War Program, and CJCSI 5810.01D,
Implementation of the DOD Law of War Program.
c. International Agreements. The Armed Forces of the United States are committed
to conducting joint and multinational operations according to the applicable provisions of the
LOAC, including those of The Hague and Geneva Conventions. International agreements
are the primary source of rules of international law applicable to US, multinational, and HN
forces. The most comprehensive are SOFAs; however, these may be modified or become
inapplicable in time of armed conflict. They prescribe most of the reciprocal rights, powers,
duties, privileges, and immunities of the US forces to include DOD civilians and contractor
III-8 JP 3-16