JAG

• Deputy Judge Advocate General / Operations
• Directorate of Law / Operations
• Directorate of Law / International
• Deputy Judge Advocate General / Regional Services

The Deputy Judge Advocate General / Operations is responsible for providing DND officials and CF authorities with legal advice on international and operational law issues, and for providing the Military Police and CF formations and units with legal advice on military justice issues. In addition to the above responsibilities, DJAG/Ops oversees the eight Assistant Judge Advocate General (AJAG) regional offices, all other field offices  ^C (both in Canada and abroad), as well as all of the legal officers serving on operational deployments around the world.

Directorate of Law/Operations

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Introduction to:

"Decisions were impacted by legal considerations at every level, [the law of war] proved invaluable in the decision-making process."
    General Colin Powell, Chairman, U.S. Joint Chiefs of Staff
    "Conduct of the Persian Gulf War", Final Report to Congress, April 1992

Legal considerations have become an essential part of the conduct of military operations. As is reflected in General Powell's statement the laws applicable to military operations impact at every level of command. The modern commander must have a knowledge of, and appreciation for, the legal aspects of the conduct of operations. This article will outline the wide scope of "operational law" and provide insight into the assistance available to the commander in the form of the operational lawyer.

Operational law can be defined as follows:

That body of law, both domestic and international, impacting specifically upon legal issues associated with the planning for and deployment of [military forces] in both peacetime and combat environments. [1]

This rather broad definition is demonstrative of the scope of legal considerations relating to operations and crosses both domestic and international legal disciplines. Operational law also impacts on all types of military operations whether they are land, sea or air based, or involve traditional notions of armed conflict, special operations or peacekeeping. In this article operational law will be assessed in terms of international and domestic operations.

Directorate of Law/International

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The Directorate of International Law (DLAW/I) is made up of a team of four legal officers, an MOU coordinator, and a secretary.

The Directorate provides legal advice to the Department of National Defence, the Canadian Forces and on occasion, the government of Canada with respect to matters involving international law and international military operations.

DLAW/I provides legal advice regarding, and participates in negotiations on, the Law of Armed Conflict (LOAC), Law of the Sea, Law of Air and Space, International agreements and treaties, and MOUs.

The LOAC concerns the use of force by states and how hostilities may be conducted during armed conflicts.

A Status Of Forces Agreement (SOFA) is an important international agreement that governs the status of armed forces, civilian component of the armed forces and their dependents, when the armed forces or civilian component are sent, by arrangement to serve in the territory of another party. Status includes, but is not limited to, criminal and disciplinary jurisdiction, claims forcompensation for injury, death or damage to property, taxation and immigration. The SOFA is a legally binding agreement. An example is the NATO SOFA that governs the relationship of members of armed forces, civilian component and dependents of a member of one NATO state while in the territory of another member of NATO.

A Memorandum of Understanding (MOU) is a written non-contractual document. An MOU could be a domestic arrangement between government departments or provinces. An MOU could also be an international arrangement with foreign armed forces, departments or ministries. For more information on MOUs please click here  ^B. Unlike SOFAs, MOUs do not represent government positions on issues and are not legally binding on the states. Nevertheless, they provide a practical means of dealing with matters.

The Office of the JAG was reorganized in 2004 to include the position of Deputy Judge Advocate General/Regional Services (DJAG/Reg Svcs).  DJAG/Reg Svcs is responsible for the supervision of all field legal officers including all seven Assistant Judge Advocates General (AJAGs)   http://jag.dwan.dnd.ca/contact_us/default_e.asp
  (six in Canada and one in Germany) and through them all Deputy Judge Advocates (DJAs) and also the CF legal advisor to North American Aerospace Defence Command Headquarters in Colorado Springs  http://jag.dwan.dnd.ca/office/JAG_Offices_World.pdf.

AJAGs and DJAs provide legal support to most of the regular and reserve force units in the Canadian Forces in all areas of military law.  Discipline being a cornerstone of an effective military force, the application of the Code of Service Discipline is of prime importance to the units.  Therefore AJAGs and DJAs play a fundamental role in advising commanders on military justice issues such as investigations, the laying of charges, the disposal of charges and the referral of cases to court martial.  Field legal officers also provide legal advice to Military Police employed at local bases and wings.  In addition to advice on disciplinary matters, advice on operational law and military administrative law is also provided.

In addition to coordinating the provision of legal advice to local commanders, DJAG/Reg Svcs also provides legal advice to the Environmental Chiefs of Staff, Level One Advisors and Group Principals at National Defence Headquarters on issues such as summary trial reviews, referrals to court martial and the designation of superior commanders for disciplinary purposes. 

Footnotes