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Secrecy News: Spec Ops and the Law
Secrecy News: Spec Ops and the Law

 
About Secrecy News

SECRECY NEWS is an email publication of the Federation of American Scientists (FAS) Project on Government Secrecy. It provides informal coverage of new developments in secrecy, security and intelligence policies, as well as links to new acquisitions on the Federation of American Scientists web site. It is published 2 to 3 times a week, or as events warrant.

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February 17, 2004


[Have an opinion about this column? Visit the Secrecy News discussion forum.]


SPECIAL OPERATIONS FORCES AND THE LAW

Special operations forces (SOF) are small military units that employ unconventional methods of warfare. Thousands of U.S. special operations personnel are deployed in dozens of countries around the world including, of course, Afghanistan and Iraq.

But "the unconventional operational methods of SOF create a chink in their armor not faced by the conventional armed forces," according to a recent master's thesis by an Air Force Major: "The nontraditional attire worn by SOF while operating in enemy territory, rather than traditional uniforms, arguably results in forfeiture of prisoner of war (POW) status for SOF under the law of war."

In addressing this legal issue, the author provides a highly readable introduction to the organization and characteristics of U.S. special forces, as well as the relevant laws of war.

See "Nontraditional Uniforms Do Accord Prisoner of War Status For Special Operations Forces" by Maj. Robert James Drone, George Washington University Law School, August 31, 2003 (79 pages, 2.7 MB PDF file) (thanks to RT).

"The special forces' success in Iraq has ... obscured a more ominous consequence of their newfound popularity: that expanding their role in the way [Defense Secretary] Rumsfeld intends could be very dangerous for U.S. foreign policy," writes Jennifer Kibbe of the Brookings Institution.



"Thanks to the vagueness of U.S. law governing covert action, using the military for such operations is -- at least under one interpretation of the law -- much easier than using the CIA."

See "The Rise of the Shadow Warriors" by Jennifer D. Kibbe in Foreign Affairs, March/April 2004.

© 2004, Federation of American Scientists. All opinions expressed in this article are the author's and do not necessarily reflect those of Military.com.


 



 



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