Ok, that’s sort of my view of what the author is saying, she never actually discusses clandestine action legal review.  GW Prof. Laura Dickinson writes about “Outsourcing Covert Activities” in the Journal of National Security Law & Policy.  Relevant to military justice practitioners, she compares here prior conclusions about the role of uniformed lawyers in military contractor supervision, available here (that included a discussion of the role of military lawyers in contractor involvement in traditional military activities and the military’s clandestine activities), to the accountability mechanisms for covert operations.  Here is one passage:

The interviews I conducted with uniformed military lawyers – who can be viewed as the compliance agents within the military – suggest the critical role that these lawyers play on the battlefield, integrating public values into military decisionmaking by training troops in the laws of war and advising commanders on issues such as whether a particular targeting decision is a “good shoot or a bad shoot.”

She suggests one option for covert operations is to embed lawyers within contractor organizations as a similar policing function–though I am over-simplifying this proposal and ignoring other options discussed in the paper.

One Response to “Scholarship on Covert vs. Clandestine Action Legal Compliance”

  1. Hines says:

    I can’t imagine a worse idea than embedding lawyers with teams of contractors.  I suppose one could “embed” them at higher op-planning level, but imagine embedding lawyers with a squad of Marines.  Not a recipe for decisive action.