Appendix 8 - Section 332(b) and Section 1210 of P.L. 116-92 - Legal Institutional Capacity Building Initiative
S332b-LICB
SC
No
Temporary
Expires on December 31, 2024
10 U.S.C.332 and Section 1210 of P.L. 116-92
Global
Provides:
- Training
Section | Title |
|---|---|
S332b-LICB.1. | |
S332b-LICB.2. | |
S332b-LICB.3. | |
S332b-LICB.4. | |
S332b-LICB.5. | |
S332b-LICB.6. | |
S332b-LICB.7. | |
S332b-LICB.8. | |
S332b-LICB.9. |
S332-LICB.1.1. Section 1210 activities must support one or more of the following purposes:
- Integrate legal matters into authority, doctrine, and policies of the Ministry of Defense (MoD) (or security agency serving a similar defense function) and forces of such partner
- Provide appropriate legal support to commanders conducting defense and national security operations
- With respect to defense and national security law, institutionalize education, training, and professional development for personnel and forces, including uniformed lawyers, officers, noncommissioned officers, and civilian lawyers and leadership within such ministries of defense (and security agencies serving a similar defense function)
- Establish a military justice system that is objective, transparent, and impartial
- Conduct effective and transparent command and administrative investigations
- Build the legal capacity of the forces and civilian personnel of ministries of defense (and security agencies serving a similar defense function) to provide equitable, transparent, and accountable institutions and provide for anti-corruption measures within such institutions
- Build capacity
- To provide for the protection of civilians consistent with the law of armed conflict and human rights law; and
- To investigate incidents of civilian casualties
- Promote understanding and observance of:
- The law of armed conflict
- Human rights and fundamental freedoms
- The rule of law
- Civilian control of the military
- Establish mechanisms for effective civilian oversight of defense and national security legal institutions and legal matters.
S332-LICB.1.2. Section 1210 activities may be carried out in collaboration with legal institutions within the appropriate MoD (or security agency serving a similar defense function) that support the efforts of partners to establish or improve legal institutional capacity. Section 1210 activities must be authorized pursuant to 10 U.S.C. 332. Section 1210 does not provide a separate or additional authority to execute security cooperation (SC) activities apart from Section 332.
S332-LICB.1.3. Activities undertaken as part of a Section 1210 initiative must comply with the requirements of Section 332. This includes advance submission for DoD approval via DSCA, review by DSCA (Front Office, Office of the General Counsel (FO/OGC)), and concurrence from the Secretary of State (SECSTATE), as well as reporting, monitoring, and evaluation requirements. Such activities also must comply with the additional statutory requirements of Section 1210 with respect to required elements, reporting, and funding. Since Section 1210 initiatives are derivative of the authority of Section 332(b), DoD approvals and Department of State (State) concurrence will be obtained using the same processes.
S332-LICB.2.1. Approval of legal Institutional Capacity Building (ICB) activities proposed as part of a section 1210 initiative will be based on the following criteria:
- Does the proposed activity support achievement of a desired partner role in support of a prioritized U.S. security cooperation (SC) objective;
- Does the proposed activity identify an appropriate legal institution or institutions within the Ministry of Defense (MoD) (or security agency serving a similar defense function) as a primary entity to be engaged in the partner;
- Consistent with the purposes specified in Section 1210, does the proposed activity serve to enhance the legal institutional capacity of the applicable partner with respect to one or more of the purposes listed in Section S332-LICB.1.1.;
- Does the proposed activity anticipate a sufficient level and duration of engagement, and is the proposed activity sufficiently resourced, to effectively achieve the relevant statutory purpose;
- Does the implementer have the capacity effectively to implement the proposed activity, including related assessment, design, monitoring, evaluation and reporting activities, within the timelines and budget proposed during the ICB prioritization, support plan development, and resourcing process; and,
- Such other criteria as DSCA may from time to time identify.
S332-LICB.2.2. An initiative carried out under Section 1210 must include:
S332-LICB.2.2.1. A legal ICB engagement plan to address the organizational weaknesses found during an assessment that includes objectives, milestones, and a timeline for the initiative; and
S332-LICB.2.2.2. An Assessment, Monitoring, and Evaluation (AM&E) plan in accordance with the requirements in 10 U.S.C. 383.
S332-LICB.3.1. Department of State. Reviews and approves Institutional Capacity Building (ICB) training requirements.
S332-LICB.3.2. Defense Security Cooperation Agency (Defense Security Cooperation University Defense Institute of International Legal Studies). Reviews legal ICB programs and activities and recommends those that are best suited for designation as Section 1210 efforts.
S332-LICB.4.1. As part of Section 1210 initiative planning, DSCA (Defense Security Cooperation University, Defense Institute of International Legal Studies (DSCU/DIILS)) coordinates with DSCA (Defense Security Cooperation University, Institute for Security Governance (DSCU/ISG)) to determine if any ISG activities relating to understanding and observance of civilian control of the military or civilian oversight should be built into the initiative.
S332-LICB.6.1. DSCA (Defense Security Cooperation University, Defense Institute of International Legal Studies (DSCU/DIILS)) teams comprised of legal subject matter experts (SMEs) from (DSCU/DIILS) staff and adjunct attorney personnel from across the DoD (for example, from the State Partnership Program) and the interagency, as well as from academia or other relevant functional subject matter experts, carry-out programs under the Section 1210 initiative. Consistent with the objectives of Section 1210, law enforcement officers, professional investigators, policy personnel, operational commanders and staff, and other non-legal professionals may be necessary to augment attorneys for the purposes of legal capacity building.
S332-LICB.7.1. All activities designated as part of a Section 1210 initiative must be included in reports required for Section 332(b), and in the additional annual reporting requirement set forth in Section 1210(d), which will be drafted and included as an addendum to the Section 332(b) report required for each fiscal year. The addendum will include the same information required under Subsection (b)(2) of 10 U.S.C. 332, with the following detail for each partner:
- The purpose of the initiative;
- The objectives, milestones, and initiative timeline;
- The number and type of advisors assigned and deployed to the partner; and
- Assessment of the progress of the initiative implementation.
Legislation | Subject |
|---|---|
Ministry of Defense Advisor Authority | |
Section 1210 of National Defense Authorization Act for Fiscal Year 2021 |
S332b-LICB.9.1. N/A