Federal law includes two bodies of code applicable to warfare. Title 10 contains laws exclusive to the U.S. armed forces - notably the Uniform Code of Military Justice Title. Title 50 relates to definitions of war and espionage, and the government's responsibilities in the event of armed conflict. "Traditionally, operations in countries with which the U.S. is not at war are conducted under Title 50, not Title 10," said Jim Thomas, an expert in political-military relations who is vice president for studies at the Center for Strategic and Budgetary Assessments. "What you've seen since 9/11," Thomas said, "is a blurring of Title 50 and Title 10."
The bin Laden killing, said Thomas, is a "nexus where that comes together." "There are lots of restrictions," Thomas continued, "in using the military in [a situation] other than a state of war." Unprovoked violation of a sovereign state's borders - like the SEALs in Abbottabad - definitely counts among the restrictions, according to Thomas. But Title 50 makes allowances for covert action by agencies covered by the code - like the CIA. When the military piles onto a CIA mission, or vice versa, the operation becomes what Thomas calls a "Title 60" mission - both Title 10 and Title 50.
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