The baseline us legal authority for uw is in section

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Unformatted text preview: le 10, USSOCOM has the authority to prepare, train, equip, fund, and sustain forces for UW. Personnel can only conduct actual UW operations with specific approval and authorizations from the chain of command, often up to the Secretary of Defense (SecDef) or executive level. Congress ultimately controls U.S. military operations though 30 November 2010 TC 18-01 3-15 Chapter 3 funding and legislative constraints. Personnel can only conduct UW with funds authorized and available for that purpose. Failure to use the proper funds for UW missions is one of the greatest potential pitfalls for commanders conducting UW operations. 3-89. UW operations in which U.S. SF employ lethal force to further national objectives fall under the same Title 10 authorities as any other employment of U.S. forces. The United States ultimately derives all rules of engagement (ROE) from Title 10. Typically, SF units receive existing ROE before conducting UW operations. The President or SecDef may apply specific cautions and additional guidance regarding Title 10 provisions for UW operations on a case-by-case basis to best support U.S. national objectives. These cautions and additional guidance augment the existing ROE. In given situations, subordinate commanders may further restrict the ROE IAW applicable policy and regulation. Title 50, United States Code, War and National Defense 3-90. Title 50 of the USC is a far-reaching document covering areas as diverse as the establishment and scope of the Council of National Defense and the disclosure of classified information. Chapter 22 of Title 50 contains the Uniform Code of Military Justice (UCMJ). Title 50 also covers several legal aspects of the intelligence warfighting function. UW planners should coordinate with the intelligence staff, as well as staff legal personnel, to ensure that they properly classify communications regarding SF executing Title 50 responsibilities. In addition, per U.S. law, SF must comply with FM 2-22.3, Human Intelligence Collector Operations. This requirement applies to all DOD entities and to all DOD civilians and contra...
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This document was uploaded on 01/15/2014.

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