National Security Law

Mission

The Fleet and Joint Force face a complex global security environment marked by the re-emergence of long-term, strategic competition between states, and evolving threats from non-state actors. The complexity of challenges created by our competitors and adversaries, coupled with the rapid pace of technological advancements, demands a cadre of judge advocates capable of integrated national security law and policy advice across the full range of military activities – conventional and unconventional, kinetic and non-kinetic, overt and clandestine.

Function

International Programs

The division provides assistance during negotiations, implementation, and review of international agreements originated by the Department of the Navy; provides advice on the interpretation of international agreements; coordinates implementation of Case Act reporting requirements for Navy agreements; serves as the repository for Navy international agreements; advises on status of forces agreement matters; and prepares Department of Defense (DoD) required reports on foreign criminal jurisdiction cases.

Operational Law

The division provides advice on the law of armed conflict (LOAC), targeting, rules of engagement, naval warfare, special operations, information operations, military deception, detainee operations, defense support of civil authorities, foreign humanitarian assistance, disaster relief, non-combatant evacuation operations, electronic warfare, unmanned systems and autonomy, artificial intelligence, covert action analysis, and operational fiscal law.

Law of the Sea

The division provides counsel across the spectrum of law of the sea issues including customary international law, treaty law, freedom of navigation operations, maritime interception and interdiction operations, counter-piracy operations, protection of persons and property at sea, sovereignty considerations, marine scientific research, Arctic policy, and operational environmental law; assists policy makers throughout the Department of the Navy, Joint Chiefs of Staff and DoD; interacts with other agencies including the Departments of State, Commerce, Justice and Interior; represents DoD at the International Maritime Organization; supports the Judge Advocate General in his or her capacity as the DoD Representative for Ocean Policy Affairs; and maintains the DoD Maritime Claims Reference Manual.

Cyberspace Law

The division provides assistance on offensive and defensive cyber operations, cyber support to operations, Department of Defense Information Networks Operations, cyber collection, LOAC in cyberspace, domestic cyber-related and electronic surveillance statutes, and covert action analysis; and routinely assists counsel at the DoD Office of General Counsel, Joint Chiefs of Staff, and U.S. Fleet Cyber Command / U.S. 10th Fleet.

Intelligence Law

The division provides advice on Executive Order 12333, intelligence disciplines (human, signals, measurement and signature, open-source, geospatial, technical, and counterintelligence), intelligence oversight, domestic statutes (e.g., Foreign Intelligence Surveillance Act), intelligence sharing, intelligence-related activities, intelligence interrogations, and support issues concerning intelligence activities; and supports legal advisors at the Deputy Chief of Naval Operations for Information Dominance (OPNAV N2/N6). The division also works with other agencies, including the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Geospatial-Intelligence Agency, and the Departments of Justice, State, Interior, Energy, and Homeland Security regarding intelligence law and policy matters.

Space Law

The division provides assistance on the Outer Space Treaty, International Telecommunications Union, domestic statutes, military operations in outer space, Law of Armed Conflict in space, maneuver restrictions, weapons restrictions, and space capabilities.

TACAID Series

TACAIDS are documents that address various International Law, Law of the Sea, and Law of Armed conflict issues. Informative, current and clearly referenced, they aim to accurately inform the reader of the law surrounding the specific subject matter and provide a starting point for more detailed research. Additionally, they aim to dispel some common legal misunderstandings, and clarify areas of National Security Law that may appear ambiguous.