(4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.

(ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment. (i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, Contractor personnel are only authorized to use deadly force in self-defense.

Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (2) Contract performance may require work in dangerous or austere conditions. (B) That the Contracting Officer has indicated is subject to this clause. (A) That has been designated by the Department of State as a danger pay post (see ) or (ii) When supporting a diplomatic or consular mission. (C) Other military operations or military exercises, when designated by the Combatant Commander or (B) Humanitarian or peacekeeping operations or (i) In a designated operational area during. (1) This clause applies when Contractor personnel are required to perform outside the United States. ' Supporting a diplomatic or consular mission' means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission.

161.ĭesignated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. Charter.As prescribed in 25.301-4, insert the following clause:Ĭontractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States ( May 2020)Ĭhief of missionmeans the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office.Ĭombatant commandermeans the commander of a unified or specified combatant command established in accordance with 10 U.S.C. To read more, click here: Presidential War Powers, The Take Care, and Article 2(4) of the U.N. Contrary to Barr’s 1989 memo, by virtue of the last-in-time rule, it is Congress-not the President-that possesses the authority to “override” this treaty provision. The conclusion that Article 2(4) is a “Law” has significant implications for the allocation of war powers. I rebut a 1989 Office of Legal Counsel memorandum by now-Attorney General William Barr that concluded that the President may unilaterally “override” Article 2(4) because the treaty provision is non-self-executing and because the use of force is a “political question.” I explain that, though the political question and non-self-execution doctrines may be relevant to the justiciability of Article 2(4) in the courts, neither is dis-positive as to the status of Article 2(4) as a “Law” that the President is obligated to faithfully execute. If the President is not constrained by treaties, the President also lacks the power to execute them. The Take Care Clause gives and takes at once. By synthesizing Executive Branch views on war powers, the Take Care Clause, and Article 2(4), this Article shows how presidential arguments advancing claims of authority also delineate the scope of the corresponding constitutional duties. In substantiating this proposition, this Article relies primarily upon the arguments of the Executive Branch itself in three superficially distinct, though interrelated domains. Charter binds the President as a matter of domestic law. This Article argues that by virtue of the Take Care Clause Article 2(4) of the U.N. Charter, which sharply restricts the use of force by States. Article II, Section 3 requires that the President “take Care that the Laws be faithfully executed.” The “Laws” encompass treaties, including the U.N. It also imposes constraints on those same powers. Yet Article II of the Constitution is not only a source of presidential war powers. Examples of such uses of force include the missile strikes directed by President Trump against the Syrian government in 20. In directing the use of military force without prior congressional authorization, Presidents invoke their authority as “Commander in Chief of the Army and Navy of the United States” under Article II, Section 2 of the Constitution.

Commander in chief clause