Establishing operational control in a foreign country

PROVIDE COMFORT started as a fast-moving train. No one knew in advance that they were getting on, how far they were going, or when they would get off. Only a few tasks were well defined, and many were supported with difficulty. None of the units that deployed to Turkey had doctrine, plans, or procedures designed specifically for relief operations. But throughout the world the nature of the crisis had captured everyone’s attention. Refugees were suffering and dying, and the situation would worsen if quick action were not taken. The train was accelerating, but no one hesitated to get on.

So begins MAJ C. J. Cox, Building A Home Away From Home: Establishing Operational Control in a Foreign Country, 228 MIL. L. REV. (1-2020).

In early 1991, Turkish and international relief agencies found themselves confronted with a large-scale refugee relief effort, one larger than anyone had anticipated, leaving the world unprepared to respond. Nearly one million Kurdish refugees huddled in the mountains on the Iraqi side of its border with Turkey, sustaining themselves on only what they could carry when they fled their homes. The Gulf War had just ended, and a majority of Americans wanted their troops home as soon as possible. However, as they witnessed the human suffering broadcast over the airways, they wanted to help these refugees, even if it meant the troops had to stay to assist.

What followed in response was Operation Provide Comfort, a humanitarian relief operation initiated by the United States that relied heavily on support from the military forces of thirteen countries.6 The timing of the operation, its complexity, its use of military forces, and its proximity to the end of the first Gulf War led to many legal issues, including how to define operational control for purposes of military construction.