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components, are reviewed by legal advisers to ensure their consistency with the law of war andDoD policy on the law of war. 4218.5.1.2 Supervision of Administration of Programs to Address Enemy Violationsof the Law of War. DoD policy has required that commanders of the combatant commandsdesignate a command legal adviser to supervise the administration of those aspects of thecommand’s program dealing with possible, suspected, or alleged enemy violations of the law ofwar. 4318.5.1.3 Review of the Acquisition of Weapons. DoD policy has required the legalreview of the intended acquisition of weapons. 4418.5.2 Law of War Questions During Military Operations. During military operations,questions on the law of war from U.S. forces or coalition partners related to a specific issueshould be referred through the operational chain of command for resolution. It may also beappropriate to refer questions to either the office of the Judge Advocate General of a MilitaryDepartment, the Staff Judge Advocate to the Commandant of the Marines Corps, the GeneralCounsel of a Military Department, the Legal Counsel to the Chairman of the Joint Chiefs ofStaff, or the DoD General Counsel.18.5.3 Role of the DoD Law of War Working Group. The DoD Law of War WorkingGroup is a DoD internal mechanism for coordination on law of war issues. It consists ofrepresentatives of the General Counsel, Department of Defense; representatives, at the electionof each, of the General Counsel of each Military Department, the Judge Advocate General ofeach Military Department, the Staff Judge Advocate to the Commandant of the Marine Corps,and the Legal Counsel to the Chairman of the Joint Chiefs of Staff. 45 The DoD Law of War42 DOD DIRECTIVE 2311.01E, DoD Law of War Program, 5.11 (May 9, 2006, Certified Current as of Feb. 22,2011) (“The Commanders of the Combatant Commands shall: …[5.11.8] Ensure all plans, policies, directives, andrules of engagement issued by the command and its subordinate commands and components are reviewed by legaladvisers to ensure their consistency with this Directive and the law of war.”); DOD DIRECTIVE 5100.77, DoD Law ofWar Program, 5.8 (Dec. 9, 1998) (“The Commanders of the Combatant Commands shall: … [5.8.6] Ensure allplans, policies, directives, and rules of engagement issued by the command and its subordinate commands andcomponents are reviewed by legal advisers to ensure their consistency with this Directive and the law of war.”).43 DOD DIRECTIVE 2311.01E, DoD Law of War Program, 5.11 (May 9, 2006, Certified Current as of Feb. 22,2011) (“The Commanders of the Combatant Commands shall: … [5.11.5] Designate the command legal adviser tosupervise the administration of those aspects of this program dealing with possible, suspected, or alleged enemyviolations of the law of war.”); DOD DIRECTIVE 5100.77, DoD Law of War Program, 5.8 (Dec. 9, 1998) (“TheCommanders of the Combatant Commands shall: … [5.8.3] Designate the command legal adviser to supervise theadministration of those aspects of this program dealing with possible, suspected, or alleged enemy violations of thelaw of war.”).44 Refer to § 6.2 (DoD Policy of Reviewing the Legality of Weapons).45 DOD DIRECTIVE 2311.01E, DoD Law of War Program, 5.1.4 (May 9, 2006, Certified Current as of Feb. 22,2011) (“The General Counsel of the Department of Defense (GC, DoD) shall: Supervise and assign a chair for theDoD Law of War Working Group, consisting of representatives, at the election by each of the GC, DoD; the GeneralCounsel of each Military Department; the Counsel to the Commandant of the Marine Corps; the Judge AdvocateGeneral of each Military Department; the Staff Judge Advocate to the Commandant of the Marine Corps; and theLegal Counsel to the Chairman of the Joint Chiefs of Staff.”); DOD DIRECTIVE 5100.77, DoD Law of War Program,5.1.2 (Dec. 9, 1998) (“The General Counsel of the Department of Defense shall: Establish a DoD Law of WarWorking Group consisting of representatives from the General Counsel of the Department of Defense (GC, DoD),1062

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