Chapter

Operational claims

Jim Barkei

U.S. military operations : law, policy, and practice

Oxford : Oxford University Press, 2016

p. 467-507

English

This chapter outlines the general principles that underline the planning, execution, and oversight of an operational claims program. It explains how domestic law and policy, and to a lesser extent international legal principles, form the basis for a claims program, including application of the doctrine of sovereign immunity. It also describes the laws and policies that regulate U.S. military claims programs by assessing the strategic and tactical objectives and application of the laws that enable an armed force to implement a claims program. It covers all aspects of a claims program framework, from the type of operation involved, to the status of both the aggrieved party and the member of the armed force, and even the location of the event that caused the harm and the consideration of the laws in place at that site—as well as posits alternative programs to facilitate mission success.

• Full text (restricted access : ICRC)

• U.S. military operations : law, policy, and practice / ed. by Geoffrey S. Corn, Rachel E. VanLandingham and Shane R. Reeves ; foreword by Stanley A. McChrystal