FAS

Law and the Military

07.05.06 | 2 min read | Text by Steven Aftergood

With its decision last week to strike down the Bush Administration’s unilateral creation of military tribunals for trying detainees, the Supreme Court highlighted and reinforced the rule of law in the conduct of military operations.

Several recent publications provide rich background on military law.

The 2006 edition of the “Operational Law Handbook” (pdf) published by the Army Judge Advocate General is “a ‘how to’ guide for Judge Advocates practicing operational law. It provides references and describes tactics and techniques for the practice of operational law.”

The Handbook covers the gamut of issues that arise in the field, from the Law of War to intelligence-related law to detainee operations.

See “Operational Law Handbook (2006),” Judge Advocate General’s Legal Center and School (598 pages, 3.7 MB).

U.S. military operations in Afghanistan and Iraq and the “war on terrorism” have raised a variety of novel legal issues, according to a 2004 study performed for the Army on “legal lessons learned.”

“Whether determining the applicability of the law of armed conflict to non-state terrorist actors, applying traditional and new fiscal authorities to a military occupation, or assisting in the development of rules of engagement (ROE) for an enemy that blended into civilian populations, JAs [judge advocates] and paralegals wrestled with cutting-edge legal issues during OEF [Operation Enduring Freedom] and OIF [Operation Iraqi Freedom].”

See “Legal Lessons Learned From Afghanistan and Iraq: Volume 1, Major Combat Operations,” Center for Law and Military Operations, 1 August 2004 (454 pages, 7.1 MB PDF).

Volume 2 of that study has recently been made public. See “Legal Lessons Learned From Afghanistan and Iraq: Volume 2, Full Spectrum Operations,” Center for Law and Military Operations, September 2005 (368 pages, 3.3 MB PDF).

Secrecy News is honored to be a recipient of the 2006 Public Access to Government Information award from the American Association of Law Libraries.

publications
See all publications
Government Capacity
day one project
Policy Memo
Tax Filing as Easy as Mobile Banking: Creating Product-Driven Government

Americans trade stocks instantly, but spend 13 hours on tax forms. They send cash by text, but wait weeks for IRS responses. The nation’s revenue collector ranks dead last in citizen satisfaction. The problem isn’t just paperwork — it’s how the government builds.

11.20.25 | 15 min read
read more
Clean Energy
Report
Report: When Ambition Meets Reality — Lessons Learned in Federal Clean Energy Implementation, and a Path Forward

In a new report, we begin to address these fundamental implementation questions based on discussions with over 80 individuals – from senior political staff to individual project managers – involved in the execution of major clean energy programs through the Department of Energy (DOE).

11.19.25 | 6 min read
read more
Environment
Public Comment
Position on Regional Leadership in Wildland Fire Research Act

FAS supports the bipartisan Regional Leadership in Wildland Fire Research Act under review in the House, just as we supported the earlier Senate version. Rep. David Min (D-CA) and Rep. Gabe Evans (R-CO) are leading the bill.

11.19.25 | 1 min read
read more
Environment
Public Comment
Re: Request for Information on Technology Roadmap To Increase Wildfire Firefighting Capabilities

The current wildfire management system is inadequate in the face of increasingly severe and damaging wildfires. Change is urgently needed

11.18.25 | 7 min read
read more