THE DISAM JOURNAL OF INTERNATIONAL SECURITY ASSISTANCE MANAGEMENT This quarter our cover story features our sister institution, the Defense Institute of International Legal Studies. Following the statutory creation of expanded international military education and training in 1991, the Navy Justice School stepped up to the challenge of developing a program on the rule of law. As the program’s popularity grew, the school expanded and in 1997 became DIILS as we know it today. In 2000, DIILS became a Joint Agency Activity under the direct command of DSCA. Since the end of the Cold War, the rule of law in the military and the role of the military in the international community have become increasingly complex. Consequently, the training offered at DIILS has expanded to include developing rules of engagement, creating investigator and prosecutor guidelines to prosecute war crimes, drafting legislation to integrate women into the armed forces, and creating a model maritime service code. Today, DIILS is the largest provider of E-IMETtraining, having taught nearly 14,000 students in 75 countries. A major initiative of DSCA is to create a culture within the security cooperation community that is based on performance and results. Programmatic guidance from DSCAwill provide specific information on how DSCAand the implementing agencies will conduct business in the future. The first step is to use a new approach, performance based budgeting, that will allow the security cooperation budgets to be linked to corporate strategy, planning, and performance measures. In this issue, we present the guidance for the preparation of the FMS administrative budget for fiscal years 2002 and 2003. Each year the Department of State produces the country reports on human rights practices, a comprehensive look at human rights infractions in 195 countries. The expansion of democracy and human rights rests on a fundamental belief that there are rights and freedoms to which every human is entitled, no matter where he or she lives. In this issue we offer the introduction to the report that summarizes conditions throughout the world. Each year representatives of the DISAM Policy and Advisory Council meet to review the DISAM curriculum. In this manner, all of our stakeholders have an input into what we teach here at DISAM. The results of the 2001 curriculum review are included inside. As the educational world moves towards heavier reliance on internet and telecommunications technologies, we at DISAM have studied the possibilities of presenting some of our courses through distance learning. This quarter we report on the results of the survey many of you participated in by giving us your opinions on your willingness to engage DISAM through some electronic medium. Our training managers have moved to take greater advantage of web technology by creating the international training management web site. By capitalizing on techniques employed by corporate universities, our trainers have expanded our educational role beyond the classroom by making available a variety of policy messages, best practices, and other key references to the entire security cooperation training community. Finally, this will be the last Journal I will introduce as the Commandant of DISAM since my retirement after 29 years in the Army is scheduled before the next issue comes out. My years at DISAM working with the security cooperation community have been a wonderful way to end my career. I leave my best wishes for all of you engaged in this key component of our national security strategy. JUDY-ANN CARROLL Colonel, USA Commandant i The DISAM Journal, Spring 2001 Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2001 2. REPORT TYPE 00-00-2001 to 00-00-2001 4. TITLE AND SUBTITLE 5a. CONTRACT NUMBER The DISAM Journal of International Security Assistance Management. 5b. GRANT NUMBER Volume 23, Number 3, Spring 2001 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION Defense Institute of Security Assistance Management REPORT NUMBER (DISAM),DISAM/DR,2475 K Street,Wright-Patterson AFB,OH,45433-7641 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR’S ACRONYM(S) 11. SPONSOR/MONITOR’S REPORT NUMBER(S) 12. DISTRIBUTION/AVAILABILITY STATEMENT Approved for public release; distribution unlimited 13. SUPPLEMENTARY NOTES 14. ABSTRACT 15. SUBJECT TERMS 16. SECURITY CLASSIFICATION OF: 17. LIMITATION OF 18. NUMBER 19a. NAME OF ABSTRACT OF PAGES RESPONSIBLE PERSON a. REPORT b. ABSTRACT c. THIS PAGE Same as 130 unclassified unclassified unclassified Report (SAR) Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std Z39-18 The DISAM Journal, Spring 2001 ii THE DISAM JOURNAL of International Security Assistance Management Spring 2001, Vol. 23 No. 3 Cover Feature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Captain David B. Hodgkinson, USAand Lieutenant Sandra L. Jamison, JAGC, USN, Defense Institute of International Legal Studies “The Growing, Unlimited Mission of the Defense Institute of International Legal Studies” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Legislation and Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Kenneth W. Martin, Defense Institute of Security Assistance Management “Fiscal Year 2001 Security Assistance Funding Allocations” . . . . . . . . . . . . . . . . . . .11 Colin L. Powell, Secretary of State “March 2001 Address to the Senate Foreign Relations Committee” . . . . . . . . . . . . . .26 Defense Security Cooperation Agency “Programmatic and Budget Guidance for Foreign Military Sales Administrative Budget for Fiscal Years 2002 and 2003” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Perspectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 Michael E. Parmly, Acting Assistant Secretary of State, Bureau of Democracy, Human Rights, and Labor, February 2001 “Country Reports on Human Rights Practices - 2000” . . . . . . . . . . . . . . . . . . . . . . . .51 Education and Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 Virginia Caudill, Defense Institute of Security Assistance Management “DISAM 2001 Curriculum Review” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 Commander Patrick K. Hawkins, SC, USN, Defense Institute of Security Assistance Management “Distance Learning Survey Results” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 Thomas M. Dop, Defense Institute of Security Assistance Management “Unexplored Territory or a Cross-Cultural Communications Nightmare: The Internet and Business Communication” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 Charles E. Collins, Jr., Defense Institute of Security Assistance Management “Creating the International Training Management Web Site: ACorporate University Portal That Shares Best Practices” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 Thomas M. Dop, Defense Institute of Security Assistance Management “Training Management Systems (TMS): The Past, Present, and Future” . . . . . . . . . . .88 iii The DISAM Journal, Spring 2001 Timothy E. Reardon, Defense Institute of Security Assistance Management, “Computer Security in the Age of the Internet” . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 Gary Geilenfeldt, Defense Institute of Security Assistance Management “DISAM Outreach Program” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 Gregory W. Sutton, Defense Institute of Security Assistance Management “DISAM SAM-CR Development Effort Awarded” . . . . . . . . . . . . . . . . . . . . . . . . . . .97 “DISAM Returns to Norway” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 Security Assistance Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 “Training Tuition Pricing Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Security Assistance Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 Security Assistance Points of Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 Research and Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123 The DISAM Journal, Spring 2001 iv FEATURE ARTICLE The Growing, Unlimited Mission of the Defense Institute of International Legal Studies By Captain David B. Hodgkinson, USA Defense Institute of International Legal Studies and Lieutenant Sandra L. Jamison, JAGC, USN Defense Institute of International Legal Studies Newport, Rhode Island is beautiful and historic, but it is also the launching point from which teams from the Defense Institute of International Legal Studies (DIILS) travel the world advocating the importance of democracy and the rule of law. DIILS is the number one provider worldwide of training under the Congressionally mandated expanded international military education and training (E-IMET) program. On 16 June 2000, the Deputy Secretary of Defense transferred DIILS from the Navy to being a Joint Agency Activity under the direct command of the Director, Defense Security Cooperation Agency (DSCA). This article discusses the transition of DIILS to DSCA, its current initiatives, and how they relate to the objectives of the State Department and the regional commanders-in-chief. The article concludes with a few recent anecdotes from DIILS teams in the field. Formative Stages Lay Solid Foundation In 1991 Congress created a new program designed to train international civilian and military officials abroad. This program sought to build on the success of the international military education and training program (IMET). The new program made international training more affordable by sending U.S. teams to foreign countries to train in critical areas and develop an ongoing dialogue, thereby reaching a larger audience than resident courses in the United States. Responsibility for E-IMET was given to the Department of State and execution of the program assigned to the Department of Defense. In 1992, the Judge Advocate General of the Navy and the Naval Justice School accepted the challenge of developing a rule of law program demanded by this new E-IMET legislation. The Naval Justice School juggled billets and other resources to establish the International Training Detachment (ITD), originally just one officer. Demand grew, a second officer was added, and by 1994, the ITD had two civilians and officers from each service. This small, founding group created an interactive program to provide training on the rule of law and military justice to emerging democracies throughout the world. To more properly reflect its mission, three years later the ITD changed its name to the Defense Institute of International Legal Studies. Through the ingenuity and dedication of the original staff, DIILS launched a training program that now is the world’s largest provider of E-IMET, conducting 451 programs for 13,688 participants in 75 countries from Albania to Zimbabwe. Through repeated contacts over a period of years, DIILS and the host nations have developed a dialogue, a trust, and a common purpose. 1 The DISAM Journal, Spring 2001 Host nation officials and U.S. team members share democratic principles and ideals during the DIILS seminar. Both sides learn from the experience. The process works. Athree-phase approach is used for the initial contact with a nation. During the first phase, a two-person DIILS team sponsored by the U.S. embassy travels to the country to learn about its legal system and political concerns through a series of meetings with civilian and military officials, as well as representatives from certain non-governmental organizations. For the second phase, selected representatives visit the United States and observe first-hand the principles of our democratic institutions and society. They also plan the follow-on seminar. Finally, the actual seminar, or third phase, occurs in the host nation with four DIILS faculty and approximately 30- 60 military and civilian officials from the host nation. Seminars consist of a mixture of classroom presentations, practical exercises and small group discussion problems. One hallmark of the DIILS methodology through the years is its ability to foster dialogue among seminar participants. Whatever the topic, DIILS brings civilian and military officials together. Early seminars focused primarily on the topics of rule of law and military justice. As planned by DIILS founders, their personal contacts, flexible approach and ability to create new materials to meet the specific needs of the host country led to successive seminars in most countries. Many DIILS countries have held ten or more seminars with new annual seminars tailored to meet developing legal challenges and needs as the country continues its transition to democracy. The scope of DIILS’mission today far exceeds the vision of its original founders. Shifting Paradigms: New Curriculum and Tangible Products Because of its growing reputation for producing high quality, informative seminars, demand continually mounts for DIILS’services. Success and popularity, however, also bring challenges. Our customer nations are not content with the same basic military justice or human rights seminar time and again, especially when seminars fall within the same year. To meet this challenge, DIILS treats each seminar as a new chapter in an ongoing relationship with one chapter building upon another as this year’s disciplined military operations course becomes a peace support operations course the next year. As relationships have evolved, not only do nations request more sophisticated seminar topics, they also have turned to DIILS to help solve some of the problems of democratization. One of the earliest examples of such assistance is DIILS’ technical aid to several nations engaged in drafting or re-drafting their military justice codes. To meet the rising need for rule of law training in all areas of military operations and democratic development, the increasing sophistication of seminar participants, and countries’ demands for problem solving, DIILS constantly develops new curriculum, refines existing material and carefully tailors training to the specific requests of each country. This requirement manifests itself in DIILS’ transition from the abstract to the practical. As the bipolar, Cold War world disintegrated, a more complex international community emerged. The role of the law in the military and the role of the military in the international community both correspondingly became increasingly complex. Governments worldwide realize the important role their militaries must play in international peace efforts. There is growing interest in, and a corresponding need for, a better understanding of, how to best conduct military operations within the rule of law. New respect emerged for incorporating the law of armed conflict, the newly developing body of international humanitarian law, and other international laws into all aspects of military operations. Even traditional bread-and-butter topics such as military justice take on a new light. DIILS sees many nations realizing the critical importance of developing a working military justice system and learning how to prepare and use rules of engagement in a coalition environment. The legal aspects of command and control of coalition operations are an essential part of all professional militaries. Understanding that forward-deployed coalition forces require a new legal The DISAM Journal, Spring 2001 2 infrastructure is only the first step; the real work begins with integrating that infrastructure into a military force without compromising the mission’s primary goals. Countries such as South Africa have always had a strong legal component in their militaries, but little experience with international operations to prepare them for coalition operations. Through working with DIILS, the South African military actively sought to develop operational law skills to improve their performance on better international missions. This skill-building program has developed into specific, practical training for South African officers selected to deploy to the Democratic Republic of the Congo. Similarly, Zambia viewed its legal aspects of peace support operations seminar as essential to supporting its forces in Sierra Leone. Such support requires DIILS to monitor the pulse of current peacekeeping operations. A DIILS country program manager, Captain John Cooper, USA, traveled to Kosovo in February 2001 to cull some of the latest lessons learned from our troops deployed there. Admiral Malouf of the Lebanese Navy hosts DIILS team. Beirut, Lebanon In addition to the practical aspects of coalition training, DIILS continues its strong efforts to create tangible products to complement the dialogue that occurs during and after a seminar. DIILS has worked with several countries in the past few years to develop rules of engagement, to create investigator or prosecutor guidelines and handbooks for investigating and prosecuting war crimes, and to draft legislation to integrate women into their armed forces. Practical exercises such as mock courts-martial, model Security Council debates, and on-camera interviews and press conferences for military officers discussing legal matters assist in the DIILS goal of making the law a more tangible entity based on practical application. As previously mentioned, DIILS assisted several nations with writing codes of military justice,but this is just one example of the legislative assistance DIILS provides. DIILS runs an entire program, the Coast Guard’s model maritime service code, devoted to assisting coastal nations create a strong legislative foundation for their maritime services. Country program manager, Major Chris Supernor, USAF, brought a team of senior Croatian government officials to Northern California to expose them to a variety of interagency response mechanisms, including the Unified Command/Incident Command System. The federal government uses this system to coordinate responses to everything from oil spills to wildfires. This visit was the first step toward drafting legislation to create a Croatian national operations center that will coordinate both defense operations and responses to natural disasters. 3 The DISAM Journal, Spring 2001 Mongolian leaders address recent Peace Operations Seminar One final example of creating a tangible product is DIILS inaugural resident course for 43 members of the Iraqi National Congress (INC). This seminar on “War Crimes: Investigation and Prosecution” was designed to present to the INC the legal requirements to successfully investigate and prosecute war crimes, crimes against humanity, genocide, and other violations of human rights. After establishing the legal requirements, the class separated into three groups to create: • a request to the international community for an Ad Hoc Tribunal • a draft statute establishing a domestic Iraqi court system to prosecute war crimes, crimes against humanity and genocide • a proposed new investigative process and investigative manual detailing how to effectively gather evidence to properly preserve it for a successful eventual prosecution . The INC continues to work on these projects and is using this new expertise to prepare an investigative and legal report detailing the crimes they believe are being committed by the current regime in Iraq. In FY2002, DIILS will begin sponsoring and hosting the international resident programs previously offered by the Naval Justice School. The Future of DIILS under DSCA Under DSCA, DIILS is fully resourced. The shift to DSCA resulted in a change in the leadership structure at DIILS and an increase in personnel to accomplish the mission. The DIILS director now reports directly to the director, DSCA. Beginning in the summer of 2001, the director’s billet, traditionally a Navy 0-6 billet, will rotate every two years among the Air Force, Army, and Navy. The next DIILS director will be an Air Force colonel. When the hiring and assignment process is complete, the full-time DIILS staff will increase from twelve to eighteen. ANavy O-5 will assume the deputy director’s position. The Coast Guard officer who manages the Coast Guard’s model maritime service code program currently handles the deputy director duties as well. Billets have been obtained for the active duty officers from the Army, Navy, Air The DISAM Journal, Spring 2001 4 Force, and Marine Corps who serve as country program managers. DIILS will also have four enlisted personnel, and one from the Army and three from the Navy. The Academic Department gains two new civilian attorneys to improve its ability to create and enhance curriculum. Twelve Army, Navy, and Marine Corps reserve attorneys now drill with DIILS. Air Force reservists are expected to begin drilling in FY2002. These reserve judge advocates bring with them years of active and reserve military experience, often overseas, as well as language skills valuable to DIILS. Their civilian careers range from law school professors to federal and state prosecutors to corporate attorneys and private practitioners. All draw on a wealth of contacts in both the civilian and military worlds, adding significant depth to the DIILS expertise. These officers are fully integrated into DIILS. All the new resources and billets allow DIILS to provide more innovative, cutting-edge seminars, either for a single nation or a regional group. DIILS now meets specific requests from embassies and host nations worldwide with seminars on hot topics such as legal concerns of counter-drug operations, advanced legal issues in military-media relations, environmental law, investigation and prosecution war crimes, operational law, and government ethics. In March 2001 in Latvia, DIILS presented a new seminar on the role of the non-commissioned officer in military justice. The entire request, assessment, planning and presentation process can take place quickly. Argentina has a long-standing relationship with DIILS and requested a new seminar topic, environmental law, for the year 2000. In May 2000, DIILS country program manager, Lieutenant Sandra L. Jamison, JAGC, USN, traveled to Argentina with an environmental law expert to conduct an in-depth assessment of the Argentinean environmental law program in the military. Six Argentine and four American environmental law experts later visited Washington, DC, to develop the curriculum for the later seminar. In September, 2000, a DIILS team of civilian and military environmental lawyers conducted a week-long environmental law seminar on environmental law in Argentina with thirty-three military and twenty-eight civilian participants. The seminar addressed the following subjects: U.S. and Argentine environmental law as it relates to the military; federal and local jurisdiction over environmental issues on military bases or in military operations; how to clean up oil spills; how to transport and dispose of hazardous military wastes; and how to integrate these procedures into an existing military infrastructure in the most cost-effective manner. Interagency cooperation is a priority for future security assistance training, and DIILS is leading the E-IMETcharge. DIILS and the Center for Civil Military Relations (CCMR) are now coordinating their efforts to work with the enhanced international peacekeeping capabilities (EIPC) program and peace support operations seminars. DIILS will play a key role in the EIPC effort and will directly support CCMR with the legal component of their program. As an example, country program manager, Major D. J. Riley, Jr., USMC, traveled with CCMR to Romania in March 2001. In August 2000, DIILS and the Institute of Health Resource Management (IHRM) created a joint seminar on HIV and HIV legislation in the military in response to a need in Sub-Sahara Africa. These interagency cooperative efforts will continue as DIILS and other E-IMET providers continue to realize the benefits that our countries gain as we work together. DIILS also partners well with other federal agencies, e.g., in 1999, DIILS presented a trial advocacy seminar in Nicaragua. Major Riley led a DIILS team that included an assistant U.S. attorney and the in-country U. S. Agency for International Development (USAID) team. Their goal was to assist Nicaragua’s military and civilian attorneys with the transition from a civil law court-martial system to a common law based, adversarial system. To continue to promote this type of cooperation, in October, 2000, several officers from DIILS met with USAID officials at 5 The DISAM Journal, Spring 2001