Friday, January 22, 2016

"Operational Attorneys": How to Impede and Degrade U.S. Sub Force Preeminence

U.S. Submarine Force Vision 

Then 1998 Navy

"The U.S. Submarine Force will remain the world’s preeminent Submarine Force. We will aggressively incorporate new and innovative technologies to maintain dominance throughout the maritime battlespace. We will promote the multiple capabilities of submarines and develop tactics to support national objectives through battlespace preparation, sea control, supporting the land battle, and strategic deterrence. We will fill the role of the Joint Commander’s stealthy, full spectrum expeditionary platform." - Malcolm Fages Rear Admiral, U.S. Navy Undersea Warfare Fall 1998 Vol. 1, No. 1 

2015 JAG (Navy Lawyer)

"Military commanders and their operational attorneys must be cognizant of the myriad environmental laws, treaties, associated regulations, international agreements and policies that apply to military activities and operations within and outside the United States. Deciphering applicable environmental considerations can quickly become complicated and is dependent on numerous factors to include the nature of the operation, where it takes place, and the associated host nation’s relevant environmental laws and regulations. Irrespective of the environmental legal drivers, respecting host nation and global environmental norms are often inextricably linked to larger strategy and mission goals. Indeed, the failure to comply with non-prescriptive environmental standards and norms abroad can generate worldwide criticism that ultimately undermines the strategic goals of the larger military operation and can negatively the health and safety of servicemembers."  -  - Mark P. Nevitt, Commander, United States Navy Judge Advocate General’s Corps, Environmental Law in Military Operations (September 24, 2015)

2016 Law Professor (Naval War College Lawyer) 

 .... While submarine espionage does not appear to be inconsistent with the law of the sea, espionage in the territorial sea is injurious to the sovereignty of the coastal state. - James Kraska, Professor of International Law, U.S. Naval War College, LAWFARE, Submarines and the Law of Espionage, January 6, 2016.

Now 2002-2016 Navy 

"[T]he submarine force is “10 ships below what’s absolutely required to do the nation’s business in the 2020s. - Adm. William H. Hilarides, Naval Sea Systems Command,  SEAPOWER Magazine, January 14, 2016, NAVSEA Commander: Navy is 10 Subs Below its Needs

Full disclosure: Hilarides noted that he was a submarine program manager when the decision was made in 2002 to maintain a build rate less than what could sustain the size of the force. Sequestration would later become part of the Budget Control Act of 2011.

Submarines are always silent and strange.

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