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On September 27, 2024, the Department of Defense (DoD) issued Directive 5240.01, a pivotal policy document that redefines the framework for DoD intelligence and intelligence-related activities. This directive, approved by Deputy Secretary of Defense Kathleen H. Hicks, introduces significant changes, including new guidelines on the use of lethal force by Defense Intelligence Components. This article delves into the specifics of these new guidelines and their implications.

The primary objectives of DoD Directive 5240.01 are to:

Implement Executive Orders 12333 and 13388, and Title 50, United States Code.
Establish policies and provide direction for DoD intelligence and intelligence-related activities.
Assign responsibilities and provide guidelines for Defense Intelligence Component assistance to law enforcement agencies and other civil authorities.

One of the most notable additions in the new directive is the detailed guidelines on the use of lethal force by Defense Intelligence Components. Here are the key points:

The Secretary of Defense must approve any use of lethal force. This includes situations where the provision of assistance involves the potential use of force that is likely to result in death or serious bodily injury.

The provision of personnel to support response efforts for civil disturbances, which may also require Presidential authorization.
Chemical, Biological, Radiological, Nuclear, and High-Yield Explosive Incidents: DoD response to such incidents.

Any situation where it is reasonably foreseeable that providing the requested assistance may involve the use of force that is likely to result in lethal force, including death or serious bodily injury.

The provision or use of DoD unmanned systems in the United States, except as delegated by the Secretary of Defense.

When approving requests for the use of lethal force, the following factors must be considered:

The extent to which the assistance involves the potential use of lethal force.

The threat posed to the safety of the general public and the Defense Intelligence Components’ workforce.

The source of funding and mechanisms for reimbursement.
Appropriateness: Whether the assistance is within the Defense Intelligence Component's competencies and capabilities.

The impact on the Defense Intelligence Component’s ability to perform its assigned missions and functions.

The number of people needed and the duration of the assistance.

In situations where a person’s life or physical safety is in imminent danger, the Defense Intelligence Component head is authorized to provide the requested intelligence assistance, including the use of lethal force, without prior approval. However, such assistance must be reported immediately to the USD(I&S) or the Secretary of Defense and cannot continue for longer than 72 hours without further approval.

The directive outlines specific responsibilities for various DoD officials and components regarding the use of lethal force:

USD(I&S): Provides guidance and approves requests for intelligence assistance involving lethal force.
General Counsel of the DoD: Offers legal guidance and ensures compliance with legal standards.
Defense Intelligence Component Heads: Oversee intelligence assistance involving lethal force and ensure compliance with the directive.

DoD Directive 5240.01 marks a significant evolution in the framework governing DoD intelligence activities, particularly with the introduction of new guidelines on the use of lethal force. These guidelines ensure that any use of lethal force is carefully considered, legally compliant, and appropriately authorized, thereby enhancing the DoD's ability to respond effectively to emerging threats while safeguarding constitutional rights.