Operation ENDLESS JUSTICE - Anthony Wayne Wright

 This paper will look at the legal questions raised by the preparatory and kinetic phases of Operation ENDLESS JUSTICE (OEJ), the operation designed to enforce UN Security Council Resolution 1234.  Commander, Joint Task Force Eight (JTF8) is tasked with the following missions:

(1) Neutralize the capabilities of Tawalkana terrorist and Qati military forces; (2) capture those persons involved in the planning and direction of the terrorist attacks; and (3) rescue US and third-country hostages.

Resolution 1234 provides additional context for the execution of OEJ and is important to review prior to any discussion of the legality of JTF8’s actions.  Big picture, JTF8 is tasked with restoring international peace and security. Specifically JTF8 shall:

2(c) Deny safe haven to those who finance, plan, facilitate or commit terrorist acts or provide safe havens;

 2(d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other States or their citizens;

2(e) Ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice.

 

Additionally it may be helpful to look to the National Security Strategy of the United States in light of the fact that JTF8 is not a combined force – all elements are American.  If one were to use the concept of precedence to foreign policy, then it would appear that the Qati Government is a candidate for regime change.  Certainly the National Security Strategy (MAR06) would support this notion:

Deny terrorist groups the support and sanctuary of rogue states.  The United States 

and its allies in the War on Terror make no distinction between those who commit acts of terror and those who support and harbor them, because they are equally guilty of murder.  Any government that chooses to be an ally of terror, such as Syria or Iran, has chosen to be an enemy of freedom, justice, and peace.  The world must hold those regimes to account.

 

If regime change were the goal of Operation Endless Justice than a period of stabilization would have to be included in any operational plans as well as the development of ROEs for targeting.  The period of stabilization would confer upon the US military a seemingly endless set of responsibilities – security, justice, water, power, sewer, etc.  The success of this stabilization phase would hang on many things, not the least of which would be the support of the populace.  Ergo, if regime change were an objective than targeting the will of the people, per se, would not be advisable as it would threaten the success of the stabilization phase.

         This paper looked at the legal issues raised by the preparation and execution of Operation ENDLESS JUSTICE.  Adherence to the fundamental principles of the Law of Armed Conflict will not be the easiest route to the end of the kinetic phase of this war.  It will, however, be the surest route to long-lasting peace now that weapons have been released and people have started to die.