Inherently Governmental Functions: A Bright Line Rule Obscured by the Fog of War

摘要

In this day and age, a judge advocate is required to make initial substantive determinations on a moment's notice when dealing with military operations. The purpose of this article is not to explore every legal issue related to the definition of inherently governmental functions. Instead, it is to give a judge advocate a quick, accurate method to vet a proposed scenario that will assist in guiding the initial planning stages of an operation. Once a judge advocate makes a determination that a proposed course of action is one that falls within the definition of an inherently governmental function, a legal course of action can be developed to give the commander's intent effect, while staying within the now settled definition of inherently governmental functions.