This Instruction details the training and skill sets required for yeomen assigned to Coast Guard legal offices and staffs. It also establishes qualifications for Legal Technician and Paralegal competencies formerly qualification codes. Area and district commanders, commanders of maintenance and logistics commands and commanding officers of headquarters units, assistant commandants for directorates, Chief Counsel, and special staff offices at Headquarters shall ensure widest dissemination of the Instruction. Enlisted yeomen are a critical part of the team of legal professionals providing legal counsel and services throughout the Coast Guard.
Generally speaking, the United Nations Charter provides the primary authority for use of force under the auspices of either Security Council sanctions Chapter VII enforcement or self defense pursuant to Article 51 which sanctions acts of both individual and collective self defense.
Policy and Legal Considerations Before committing U. The National Command Authority NCA must be sensitive to the legal, political, diplomatic, and economic factors inherent in a decision to satisfy national objectives through the use of force.
The legal underpinnings, both international and domestic, are tjagsa writing award primary concern in this determination.
Thus, any decision to employ force tjagsa writing award rest upon both the existence of a viable legal basis in international law, as well as in domestic legal authority including application of the War Powers Resolution WPR.
Though these issues will normally be resolved at the NCA level, it is nevertheless essential that judge advocates understand the basic concepts involved in a determination to use force. Using this mission statement provided by higher authority, the judge advocate must become familiar with the legal justification for the mission and, in coordination with higher headquarters, be prepared to brief all local commanders on the justification.
This will enable commanders to better plan their missions, structure public statements, and conform their conduct to national policy.
It will also assist commanders in drafting and understanding Rules of Engagement ROE for the mission, as one of the primary purposes of ROE is to ensure that any use of force is consistent with national security and policy objectives.
The judge advocate must also be mindful of the fact that the success of any military mission abroad will likely depend upon the degree of domestic support demonstrated during the initial deployment and sustained operation of U.
The General Prohibition Against the Use of Force The UN Charter mandates that all member nations resolve their international disputes peacefully,  and requires that they refrain in their international relations from the threat or use of force.
American policy statements have frequently affirmed this principle, and it has been made an integral part of U. While States have made numerous claims, utilizing a wide variety of legal bases to justify a use of force, it is generally agreed that only two types of action legitimately fall within the ambit of international law: The Security Council must first, in accordance with Article 39, determine the existence of a threat to the peace, breach of the peace, or act of aggression.
It then has the power under Article 41 to employ measures short of force, including a wide variety of diplomatic and economic sanctions against the delinquent State, to compel compliance with its decisions. Should those measures be inadequate, the Security Council has the power to authorize member States to employ military force in accordance with Article Using this authority over the past decade, the Security Council has taken the following actions to restore peace and security: Regional organizations, such as the Organization of American States, the Organization of African Unity, and the Arab League, attempt to resolve regional disputes peacefully, prior to the issue being referred to the UN Security Council.
Regional organizations do not, however, have the ability to authorize, on their own, the use of force Article Rather, the Security Council may utilize the regional organization to carry out Security Council enforcement actions. Those in the international community who advocate a restrictive approach in the interpretation of the Charter, and in the exercise of self defense, argue that reliance upon customary concepts of self defense, to include anticipatory self defense, is inconsistent with the clear language of Article 51 and counterproductive to the UN goal of peaceful resolution of disputes and protection of international order.
In contrast, the majority of States, including the U. Customary International Law and the UN Charter It is well accepted that the UN Charter provides the essential framework of authority for use of force, effectively defining the foundations for a modern jus ad bellum.
Inherent in its principles are the requirements for both necessity the exhaustion or ineffectiveness of peaceful means of resolution; the nature of coercion applied by the aggressor State; objectives of each party; and the likelihood of effective community intervention and proportionality limitation of force to the magnitude, scope and duration to that which is reasonably necessary to counter a threat or attackas well as an element of timeliness i.
Within the bounds of both the UN Charter and customary practice, the inherent right of self defense has primarily found expression in three recurring areas: Judge advocates must be familiar with these foundational issues, as well as basic concepts of self defense, as they relate to both overseas deployments and operations, such as the CJCS Standing ROE and the response to state-sponsored terrorism.
Protection of Nationals Customarily, a State has been afforded the right to protect its citizens abroad if their lives are placed in jeopardy and a host State is either unable or unwilling to protect them. This right is cited as the justification for non-combatant evacuation operations, discussed in greater detail in the chapter on Non-Combatant Evacuation Operations in this Handbook.
The protection of U. In each case, however, the United States emphasized that protection of U. Thus, while intervention for the purpose of protecting nationals is both valid and an essential element in certain uses of force, it cannot serve as an independent basis for continued U.
The rights of sovereignty or political independence also include the freedom to engage in trade and other economic activity. Consistent with the principles of the UN Charter and customary international law, each State has the duty to respect the political independence of every other State.Writing the MMS paper is a good chance to reflect and research systematically on a subject needing examination.
Similarly, writing the MMS paper is an occasion to express views on military matters the profession should know more about. At the time of this writing, States were parties to AP I and States were parties to AP II. Unlike the Hague and Geneva Conventions, the U.S.
has never ratified either of these Protocols.
Teens in grades 7–12 apply in 29 categories of art and writing. In , students submitted nearly , works of art and writing to the Scholastic Awards. In , students submitted nearly , works of art and writing to the Scholastic Awards. 13 TJAGSA Practice Notes, Army Law., Nov.
, at 31– 14 TJAGSA Practice Notes, Army Law., Dec.
, at 26– From its inception in until the present, a number of judge advocates have served as editors of The Army Lawyer. MILITARY LAW REVIEW [VOL. 87 THE AWARD FOR The award for calendar year has been presented to Major Gary L.
Hopkins, and to Lieutenant Colonel Robert M. Nutt, for their article entitled, The Anti-Deficiency Act (Revised Statutes ) and Funding Federal Contracts: An Analysis, published in volume 80, the issue for spring, '. Books by Language Minnesota Prevention Resource Center - Open Libraries St.
Mary's County Library (MD) - Open Libraries SALIS Collection: Alcohol, Tobacco, and Other Drugs - Open Libraries Georgetown University Law Library - Open Libraries Little Bird Books - Open Libraries Mechanics' Institute, San Francisco, CA - Open Libraries.