U.S. AFRICOM, CENTCOM, EUCOM Legal Conference 2023
In April 2023, three geographic combatant commands, U.S. Africa Command (USAFRICOM), U.S. Central Command (USCENTCOM), and U.S. European Command (USEUCOM) joined efforts to conduct the “ACE” Legal Conference, the first since the COVID-19 pandemic. The conference gathered senior leaders from across the Department of Defense (DoD), the interagency, and international community to discuss shared legal challenges under the theme “Strategic Competition and Conflict – Shared Legal Challenges at the Edge!”
Speakers, panelists, and attendees discussed law and policy implications for current operations spanning the areas of responsibility (AOR) of all three combatant commands. Most importantly, participants engaged one another on challenging topics of mutual interest, strengthened professional relationships, and forged new connections upon which to build.
The conference was held under the Chatham House Rule, but the following summary offers reflections on sessions covering doctrine, the strategic environment, shared legal challenges, and technology and innovation.
Doctrine
On February 10, 2023, just prior to the conference, the Chairman of the Joint Chiefs of Staff published the Joint Concept for Competing (JCC), establishing a common “lexicon” across DoD on the topic of strategic competition. The JCC defined “strategic competition” as, “a persistent and long-term struggle that occurs between two or more adversaries seeking to pursue incompatible interests without necessarily engaging in armed conflict with each other.”
Panel discussions addressed the traditional view of military operations in peacetime as primarily focused on preparation for conflict (or combat). However, the JCC emphasizes the need to campaign persistently and leverage Joint Force capabilities in strategic competition. The new strategy calls for a change in mindset that acknowledges the reality that strategic competition is an “enduring condition to be managed, not a problem to be solved.” Likewise, the strategic environment no longer allows the United States to rely on a binary analysis of in-conflict versus not-in-conflict because competition can lead to unfavorable outcomes without ever engaging in conventional combat. The enduring nature of strategic competition, combined with the vastness and complexity of the competitive space, presents difficult challenges for commanders in the Joint Force to navigate – an area where legal advisors will play an increasingly important role in developing and implementing solutions.
Strategic Environment
Senior leaders, operational planners, and strategic analysts provided current summaries of the strategic competition environment within the three combatant command AORs. Current threats and associated networks were discussed in detail. Representatives from USAFRICOM, USCENTCOM, and USEUCOM highlighted how each combatant command’s strategic and operational approach clearly implement priorities from the National Defense Strategy. Discussions highlighted areas of convergence and divergence of operations, activities, and investments within sub-areas of the competitive space that effectively set the stage for future legal panels.
Shared Legal Challenges
Deep discussions and panel sessions highlighted how competitors either disregard the international rules-based order or act at the fringe of established norms. The U.S. national interest is to maintain a stable and open international system. This goal requires legal advisors in the Joint Force to be prepared to assist their commands with expanding their competitive mindset. The conference challenged attendees to articulate how traditional legal frameworks applied in competition. For example, one panelist questioned how traditional authorities might constrain any U.S. military response to a competitor’s conduct, when that competitor acted outside of established norms. Through deeper discussion, participants appreciated that the default position for most legal advisors in the Joint Force—to seek additional authorities in order to conduct military operations in competition—did not fully consider coordinated efforts with other U.S. agencies who are already authorized to conduct various activities suitable for competition.
Other U.S. agencies shared insights into their organizational approach to strategic competition. They shared initial concepts, including how their legal offices were structured to support emerging operations and their priorities in supporting U.S. national interests. Hearing specific examples of mutual cooperation allowed the audience to gain a better appreciation of other agency capabilities and approaches to competition, enabling attendees to reflect on how integrated deterrence complements strategic competition.
Multinational organizations and partner nations amplified the need for USAFRICOM, USCENTCOM, and USEUCOM to work together with them on competing strategically against shared adversaries. These foreign partners affirmed the value of U.S. leadership and the strength of partnership. Several speakers offered different ways to define “partnership” and “partners” to better highlight their importance to military operations. Finally, foreign partners discussed how security cooperation programs help multiply voices to amplify the importance of complying with the law of armed conflict and general international law.
While the conference focused on the imperative to understand the JCC, it also highlighted that the legal skills necessary for conflict are equally important in competition. The strength of our joint legal practice is collaboration and the network of practitioners ready to help one another navigate challenging legal issues. Panels with senior leaders from each of the armed services highlighted their critical role in ensuring legal advisors provided to the Joint Force have the education and skills necessary to contribute in a complex competitive environment. Legal skills across the spectrum—from the courtroom to reviewing contracts—are important attributes required to develop and advance creative legal solutions to complex problems in competition. Finally, although the problems we all face are challenging, legal advisors must practice law with speed, precision, and nuance in this dynamic competitive space.
Technology and Innovation
Emerging technologies, artificial intelligence, and machine learning were discussed as tools for combatant commands to leverage in strategic competition. Of course, the various armed services retain responsibility to develop future capabilities and organizations to compete and win in all domains, but the Joint Force must also understand how their commands can employ these means.
As the audience contemplated innovating to win in competition, one discussion focused on approaching challenges with current legal authorities and processes in a novel manner. For example, the traditional framework of procurement, research, and development do not reflect the modern reality that the U.S. Government and DoD are no longer the lead investor or developer of new technologies. In line with national strategy, the Department must prioritize opportunities to partner with the growing number of commercial vendors who offer well-incubated equipment and software. Likewise, the reliable acquisition frameworks of the past struggle to keep pace with the requirements to rapidly develop, acquire, and employ technologies in future operational environments. “[R]educ[ing] burdensome regulations, policies, and bureaucratic processes that inhibit innovation and industry growth” must change to apply well to software, software-as-a-product, or data-as-a-service—all of which are updated in a matter of weeks. In sum, technology and innovation are clearly areas where legal advisors must practice law at the speed of relevance. The joint legal community, especially at the combatant command level, is well-positioned to identify operational realities and shape new approaches to assist commanders with solving problems in strategic competition.
Conclusion
Fulsome discussions during the ACE Legal Conference illuminated three broad themes for “Strategic Competition and Conflict – Shared Legal Challenges at the Edge!”: (1) to best ensure success during competition, there must be broader coordination across the U.S. Government; (2) the success of military operations in competition also requires coordination with multi-national organizations; and (3) the United States cannot compete alone. The contributions of our Allies and partners are vital to these efforts. Ultimately, the United States’ comparative advantage is the advancement of our values and democratic principles. Engagements like the ACE Legal Conference—a forum for sharing ideas and strengthening relationships—are essential to winning in strategic competition because they foster partnerships across the Department, the U.S. Government, and the world.
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Hsienjan Huang is a Major in the United States Army Judge Advocate General’s Corps and an operational law attorney with the United States Central Command.
Mark Maxwell is the Deputy Legal Counsel for U.S. Africa Command.
Photo credit: Paolo Bovo, U.S. Army