text: Chapter 13
  Legal Considerations
  13-1. Counterinsurgency operations are complex and raise challenging legal issues for Soldiers, Marines,
  and their commanders. Counterinsurgency commanders, staffs, and planners should consult their servicing
  legal advisors often in their initial planning and as they encounter changing conditions that may change the
  application of relevant legal authorities. This chapter is not intended as a complete legal guide or a
  substitute for legal advice, but rather serves to alert counterinsurgency leaders of some of the more
  common legal issues that may affect United States (U.S.) counterinsurgency operations. This summary
  cannot replace a consultation with the unit’s supporting legal advisor.
  13-2. All U.S. military operations, including counterinsurgency operations, are governed by U.S. domestic
  law, the international law binding on the U.S. (to include the law of war), and U.S. policy and regulations.
  A number of areas of the law are critical for counterinsurgency operations, including the authority to
  deploy forces and conduct counterinsurgency operations in the first instance, the laws governing the
  conduct of operations, and the laws that fund counterinsurgency operations. The law of war, including the
  treatment of civilians and detainees, and the application of rules of engagement, in particular, are critical
  issues that have a significant impact on the conduct of counterinsurgency operations.
  AUTHORITY TO ASSIST A FOREIGN GOVERNMENT
  13-3. In addition to the authorities to use military force, through a variety of statutes contained in Title 10,
  United States Code (USC) and Title 22, USC, Congress has authorized and directed the Department of
  Defense (DOD) and Department of State, respectively, to provide assistance to foreign governments
  relevant to counterinsurgency. For example, U.S. forces may be called upon to provide foreign internal
  defense or training to foreign security forces (such as military forces and police).
  AUTHORITY FOR FOREIGN INTERNAL DEFENSE
  13-4. The President or Secretary of Defense may issue a deployment or execution order, which may
  authorize U.S. forces to make limited contributions during operations that involve foreign internal defense.
  If the Secretary of State requests and the Secretary of Defense approves, U.S. forces can participate in
  foreign internal defense. The request and approval may go through the standing statutory authorities in
  Title 22, USC. Among other foreign relations programs, Title 22 contains the Foreign Assistance Act and
  the Arms Export Control Act. Programs under Title 22 authorize security assistance, developmental
  assistance, and other forms of aid. The request and approval might also occur under various provisions of
  Title 10, as well. Title 10 authorizes certain types of military-to-military contacts, exchanges, exercises, and
  limited forms of humanitarian and civic assistance in coordination with the U.S. ambassador for the host
  nation. In such situations, U.S. military personnel ordinarily work as administrative and technical personnel
  of the embassy. They are part of the U.S. diplomatic mission, pursuant to a status of forces agreement, or
  pursuant to an exchange of notes. This cooperation and assistance is limited to liaison, contacts, training,
  equipping, and providing defense articles and services. It does not include direct involvement in operations.
  GENERAL PROHIBITION ON ASSISTANCE TO POLICE
  13-5. The Foreign Assistance Act specifically prohibits assistance to foreign police forces except within
  carefully circumscribed exceptions. The lead role in providing police assistance within those exceptions
  normally has been delegated to the Department of State's Bureau of International Narcotics and Law
  Enforcement Affairs. U.S. commanders are not able to train foreign law enforcement personnel unless
  given specific legal authority. That said, Congress granted DOD the authority to train the police forces of
  Iraq and Afghanistan. Moreover, Congress has provided limited authority for U.S. forces to train foreign
  law enforcement personnel in counternarcotics and counter narco-terrorism operations