ARRC Journal June 2016 | Page 7

The Network Fusion Cell: Developing the Capability can assume jurisdiction where the state is unwilling or unable to conduct a prosecution. Notably within NATO the US refused to ratify the Rome Statute and acknowledge the ICC due to the fear of politically motivated claims against US troops . Application to NATO Many NATO countries have provisions within their national legislation covering Command Responsibility which would put them outside the reach of the ICC. Examples of the doctrine can be seen in the Canadian prosecutions following the Somalia affair 14 and the United Kingdom prosecutions following the death in custody of Baha Mousa 15 . It is to be noted that none of these incidents occurred during a NATO operation. A NATO commander does not have the au- thority to discipline those he commands from another nation. The authority to discipline a THE NETWORK FUSION CELL: DEVELOPING THE CAPABILITY Major Charles Smith, British Army HQ ARRC has been the first NATO High Read- iness Force (Land) (HRF(L) HQ to stand up a Network Fusion Cell (NFC) and this short arti- cle is designed to inform other HRF(L)s of AR- subordinate is conducted under national ar- rangements. At its highest a NATO command- er can order an investigation into an incident but he has no powers to order disciplinary actions. NATO is not a signatory to the ICC or Geneva Conventions and AP1 (although all member states are bar the US) and so a NATO Commander does not have “Command Responsibility” in the legal sense for soldiers in his command; that lies with the soldiers’ na- tional chain of command. Conclusion As NATO commanders lack the authority to discipline soldiers from another country it is incumbent on national commanders within a NATO operation to be aware of their personal responsibility on behalf of their nation. This is particularly pertinent where there are small na- tional groups (Company or Platoon) operating as part of a larger NATO force. These relatively RC’s experience to date. The NFC’s role is to inform the HQ decision making process and fully support the Joint Targeting process. It does this through Human Network Analysis and Support to Targeting (HNAT) which is an intelligence component of NATO’s approach to Attacking the Networks. The description that follows is based on the ARRC’s experience of NFC employment in support of the JTFHQ, as validated on Ex TRIDENT JAGUAR 15 and sub- sequently on Ex ARRCADE FUSION 15. In 2013 the Target Support Cell was renamed the Network Fusion Cell. The NFC combines junior commanders should be made aware of the responsibility they hold for the actions of their men. Discipline and LOAC training remain a national responsibility and as such, a NATO commander is not legally responsible for the actions of his command from different na- tionalities. The strategic communication and wider ramifications of a failure, apparent or ac- tual, to deal with breaches of LOAC are likely to be serious and far-reaching and will affect the achievement of the mission and its wider perception in the international community. As such command responsibility is not a matter that a NATO commander can ignore as mere “national business”. About the author: Major John Harris is a British Army lawyer with more than a decade of service, and one of a team of legal advisors to the command at HQ ARRC. with the All Sources Cell (ASC) to form the Fu- sion Section of G2. At Peacetime Establish- ment (PE), the NFC is relatively small, compris- ing one OF-3 and seven other ranks. The bulk are intelligence analysts with the addition of two members of the Royal Artillery who have primary responsibility for Battle Damage As- sessment (BDA). BDA will not be discussed further in this article. Under Crisis Establish- ment (CE) the NFC can be augmented by a range of specialists including cultural, political and social media analysts and historians. Figure 1: HQ ARRC Network Fusion Cell Organogram. Those boxes shaded solid green are the Peace Establishment posts. Those shaded partially or wholly purple are Crisis Establishment posts 7