AFI51-402 governs Air Force international-law matters, including foreign jurisdiction, host-nation law, confinement, and temporary refuge.
View AFI51-402 on armypubs.army.mil
It addresses advising on foreign criminal jurisdiction, international holds, military legal advisors, apprehension, confinement, asylum, temporary refuge, and international agreements. It requires coordination, reporting, access to applicable agreements and laws, and protection measures in specified circumstances.
Applies to: This guidance is applicable to all civilian employees of the DAF, uniformed members of the Regular Air Force, the Air Force Reserve, the Air National Guard, the United States Space Force, and those with a contractual obligation to abide by the terms of DAF publications.
Only Air Force judge advocates or civilian attorney employees of the Air Force may serve as military legal advisors for Air Force personnel. (paragraph 51-706)
Any judge advocate who has acted, or is expected to act, as trial counsel or trial observer in a case involving the member shall not be appointed as that member’s military legal advisor. (paragraph 51-706)
The US retains the primary right to exercise its jurisdiction over matters subject to concurrent jurisdiction unless an international agreement, such as the North Atlantic Treaty Organization Status of Forces Agreement, provides otherwise. (paragraph 7)
A description of the person to be apprehended and a statement that the person is a member of the friendly foreign force or sending state concerned and is subject to the jurisdiction of its service court for the alleged offense. (paragraph 9)
The senior Department of Defense official present may grant a request for temporary refuge if the foreign national appears to need protection from imminent danger to life or safety.