Misc Pub 27-8 Legal Handbook Commander’s 2019

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

c. Command Actions
Commanders have wide discretion in responding to the results of reports. If a training deficiency is noted, correct it immediately at the appropriate level. If misconduct is found, consult with a judge advocate, other appropriate advisors, and the chain of command in selecting administrative and/or disciplinary measures, possibly including criminal prosecution. When conducting an investigation or when considering UCMJ action, consult The Judge Advocate Generals Law of War Compliance Administrative Investigations and Criminal Law Supplement This publication is available through your servicing Judge Advocate, and discusses the legal standards that apply when responding to a battlefield incident. Consider also the overall impact to operations and local national sentiment. Finally, maintain a record of the report so that it can be referenced, if required in the future.
F. Conclusion
This chapter reviewed LOAC from a Commander’s perspective. It defined LOAC and discussed its purposes, sources, implementation, basic principles, obligations, training, and enforcement. Our nation’s experience proves that, although the enemy may act otherwise, compliance with LOAC is vital to mission success and discipline, offers the best chance of lasting peace and respect, and is a core command responsibility.
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Claims and
Client Services
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307
54
Article 139 Claims
A. References
• Manual for Courts-Martial, 2016 Edition US. Dept of Army, Reg. 27-20, Claims (8 Feb. 2008)
• US. Dept of Army, Pam. 27-162, Claims Procedures (21 Mar. 2008)
B. Overview
Under Article 139, UCMJ, individuals may file claims against Soldiers who willfully take or destroy personal property in violation of one or more punitive articles of the UCMJ. Subject to certain limitations, any individual whose property was taken or destroyed by a Soldier may file an Article 139 claim.

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