jp3_12r

Chapter III
(b) Defend against the full spectrum of threats by using intelligence and
strengthening supply chain security.
4. Legal Considerations
a. DOD must conduct CO consistent with US domestic law, applicable international
law, and relevant USG and DOD policies. The legal framework applicable to CO depends
on the nature of the activities to be conducted, such as offensive or defensive military
operations; DSCA; service provider actions; LE and CI activities; intelligence operations;
and defense of the homeland. Before conducting CO, commanders, planners, and operators
must understand the relevant legal framework in order to comply with laws and policies, the
application of which may be challenging given the ubiquitous nature of cyberspace and the
often geographic orientation of domestic and international law. National Guard forces in
Title 32, USC, status and state active duty status are not subject to the Posse Comitatus Act
(PCA), and therefore may provide support without regard to the PCA. It is essential that
commanders, planners, and operators consult with legal counsel during planning and
execution of CO.
b. Application of the Law of War. It is DOD policy that members of DOD comply
with the law of war during all armed conflicts, however such conflicts are characterized, and
in all other military operations. The law of war is defined as that part of international law
that regulates the conduct of armed hostilities. It encompasses all international law for the
conduct of hostilities binding on the US or its individual citizens, including treaties and
international agreements to which the US is a party, and applicable customary international
law. The law of war rests on fundamental principles of military necessity, unnecessary
suffering, proportionality, and distinction (discrimination), which will apply to CO.
For more information on the law of war, see JP 1-04, Legal Support to Military Operations,
and CJCSI 5810.01D, Implementation of the DOD Law of War Program.
c. Lawful Military Attacks. Military attacks will be directed only at military
targets. Only a military target is a lawful object of direct attack. By their nature, location,
purpose, or use, military targets are those objects whose total or partial destruction, capture,
or neutralization offers a direct and concrete military advantage.
III-10 JP 3-12