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legal review and that all aspects of planning and executing UW operations are closely coordinated with
3-84. UW operations involve many unique and often unsettled legal matters, including authority to
conduct operations, funding, legal status of personnel, and a host of other issues. The legal parameters of
UW are rarely clear and depend on the specifics of a particular mission, campaign, or conflict. SF should
know the potential that individual and small-unit UW operations have to affect matters on the international
level. SF must possess awareness of the standards that apply to UW and the implications of conducting
UW under U.S. and international law. Because of its nature, UW requires close coordination with legal
advisors in all phases of planning and executing operations of this type.
3-85. This section provides general guidance on legal, regulatory, and policy considerations for UW
operations. It is not directive or exhaustive; rather, it serves as a base document of the law and policy that
exist as of the writing of this circular. Law and policy in the area of UW are subject to rapid change. New
U.S. congressional legislation and presidential executive policy can affect and often directly address UW
operations. New treaties, United Nations actions, and shifting views among nations can dramatically
change the international implications of UW operations. These changes often affect specific operations and
theaters while leaving others unaffected. Law and policy concerns have potential long-term effects for SF.
A single violation, real or perceived, can profoundly affect SF operations and organizations. In certain
situations, the fluid nature of UW operations may warrant precautions that exceed the strict letter of the
law. Other situations may require aggressive action that maximizes full use of all legal means at a
commander’s disposal. Consequently, SF commanders must draw on the expertise of their legal staff and
the organic socio-political expertise of SF Soldiers and relevant subject-matter experts be...
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This document was uploaded on 01/15/2014.
- Winter '14