text: Legal Considerations
  GENERAL ORDERS
  13-47. Orders issued by general officers in command during counterinsurgency will include provisions,
  such as a prohibition against drinking alcohol or against entering host-nation places of religious worship,
  important to maintaining discipline of the force. These types of orders safeguard the image of U.S. forces
  and promote the legitimacy of a host-nation government. These types of orders are readily enforceable
  under the Uniform Code of Military Justice.
  CIVILIAN PERSONNEL AND CONTRACTORS
  13-48. Modern counterinsurgency operations involve many DOD civilians as well as civilian personnel
  employed by government contractors. These civilians may be made subject to general orders. They are
  subject to U.S. laws and to the laws of the host nation. These civilians may be prosecuted or receive
  adverse administrative action by the U.S. or contract employers. Article 2(a)(10) of the Uniform Code of
  Military Justice provides court-martial jurisdiction over persons serving with or accompanying an armed
  force in the field during a time of declared war or a contingency operation. Under this authority,
  commanders have Uniform Code of Military Justice authority to disarm, apprehend, and detain DOD
  civilians and contractors suspected of having committed a felony offense in violation of the rules for the
  use of force, or outside the scope of their authorized mission, and to conduct the basic Uniform Code of
  Military Justice pretrial process and trial procedures currently applicable to courts-martial of military
  service members. Before bringing a DOD civilian or contractor to a court-martial, however, the Department
  of Justice must have the opportunity to review and determine whether it will pursue the matter pursuant to
  the Military Extraterritorial Jurisdiction Act. This act extends federal criminal jurisdiction over felony
  offenses committed by DOD civilians, contractor personnel, and others while employed by or accompany
  the armed forces overseas. The Military Extraterritorial Jurisdiction Act is implemented within the DOD by
  DODI 5525.11. Third country nationals employed by U.S. forces are covered under the Military
  Extraterritorial Jurisdiction Act, but host-nation personnel are not.
  TRAINING AND EQUIPPING FOREIGN FORCES
  13-49. Foreign forces need training and equipment to be effective. U.S. laws require Congress to
  authorize such expenditures. U.S. laws require the Department of State to verify that the host nation
  receiving the assistance has not engaged in a consistent pattern of gross violations of internationally
  recognized human rights. All training and equipping of foreign security forces must be specifically
  authorized. Usually, DOD involvement is limited to a precise level of man-hours and materiel requested
  from the Department of State under the Foreign Assistance Act or Arms Export Control Act. The President
  may authorize deployed U.S. forces to train or advise host-nation security forces as part of an operational
  mission. In this case, DOD personnel and operation and maintenance appropriations provide an incidental
  benefit to those security forces. All other weapons, training, equipment, logistic support, supplies, and
  services provided to foreign forces must be paid for with funds appropriated by Congress for that purpose.
  Examples include the Iraq Security Forces Fund and the Afghan Security Forces Fund appropriations.
  Moreover, the President must give specific authority to DOD for its role in such training and equipping
  efforts.
  13-50. In counterinsurgency, like all operations, commands require specific authority to expend funds.
  That authority is normally found in the National Defense Authorization Act (NDAA), specifically,
  operation and maintenance funds. In recent counterinsurgency operations, Congress appropriated additional
  funds to commanders for the specific purpose of dealing with counterinsurgency. Recent examples include
  the Commanders’ Emergency Response Program, Global Train and Equip Program, and the Global
  Security Contingency Fund.
  DOD FUNDS GENERALLY NOT EXPENDABLE BY COMMANDERS FOR THIS PURPOSE
  13-51. Congress specifically appropriates funds for foreign assistance. The United States Agency for
  International Development expends such funds under the legal authorities in Title 22. Provisions of Title 22
  authorize small amounts of money. These funds are appropriated annually for commanders to provide
  humanitarian relief, disaster relief, or civic assistance in conjunction with military operations. These