Of all the valuable assets that defense industry contractors have, their reputation and credibility with government customers and regulators rank among the highest. That's especially true as it relates to Law of War compliance. In an atmosphere of increasingly pervasive regulation, heightened scrutiny, and aggressive enforcement directed at government contractors, members of the defense industry need to prioritize legal and regulatory compliance and risk mitigation. To do so, it is proactive and strategic to work with a defense contractor attorney Near Bluffton, SC for tailored guidance.
U.S.-RECOGNIZED COUNTRIES in 2024
ONGOING ARMED CONFLICTS as of 2024
DEATHS FROM ARMED CONFLICT in 2024
If you're a defense contractor using Google to search for a defense contractor compliance attorney, you're probably well-versed in the Laws of War. But if you're unaware of these laws or you're starting a business geared towards DoD contracting, it's crucial that you understand IHL and the compliance standards you must meet. Otherwise, you could face serious consequences and lose your ability to provide goods and services across the domains of land, sea, air, space, and cyber.
The Law of War, often referred to as International Humanitarian Law (IHL) or the Law of Armed Conflict (LOAC), comprises a set of international treaties and customary laws that establish guidelines for conduct during armed conflicts. Its primary aim is to minimize unnecessary suffering for the wounded and sick, prisoners of war (POWs), and civilians caught up in hostilities. In a nutshell, the primary goal of the Laws of War is to help save lives and promote some degree of humanity during armed conflicts.
To achieve this, IHL governs the conduct of wars, striking a balance between weakening the opponent and minimizing suffering. The principles of warfare are global. The Geneva Conventions, which form the foundation of IHL, have been ratified by all 196 states. Very few international agreements enjoy such widespread support.
All parties involved in a conflict must adhere to IHL, including both state forces and nonState armed groups. If the Law of War is violated, there are repercussions. War crimes are recorded and examined by nations and international tribunals, and individuals may face prosecution for war crimes.
The Law of War also applies to defense contractors, who must uphold strict compliance standards in order to sell their services. Sometimes, DoD contractors are unaware of or unprepared to meet these compliance standards. That is why they should consult with a government contractor attorney Near Bluffton, SC, like Richard Waring, who focuses on Law of War compliance matters.
Some examples of Law of War compliance as it relates to defense contractors include:
Civilian ProtectionDefense contractors, especially private military and security companies (PMSCs), are obligated to follow international humanitarian law (IHL) concerning the safeguarding of civilians and civilian objects. They must promote that they do not engage directly in hostilities if those involved are considered to be civilians.
AccountabilityBoth people employed by defense contractors and the companies they work for may face legal accountability for breaches of International Humanitarian Law (IHL). This encompasses possible criminal charges for serious violations of the Geneva Conventions and assigning blame to superiors for the actions of their subordinates.
Use of ForceAlthough defense contractors are typically not permitted to engage in offensive use of force, they may be granted permission to utilize force in situations of self-defense or to safeguard other civilians or their property.
Four of the most basic rules of IHL include the following:
01Parties involved in a conflict must always make a clear distinction between civilians and combatants to protect the civilian population and their property. No attacks should be directed at the civilian population as a whole or at individual civilians. Instead, military actions should be aimed solely at military targets.
02Individuals who are unable or unwilling to engage in combat have the right to life and to be treated with care for their physical and mental health. They should always be safeguarded and treated humanely, without any discrimination. It is prohibited to kill or injure an adversary who has surrendered or who is no longer able to participate in the fighting.
03Neither the conflicting parties nor their military personnel possess an unrestricted right to select their methods and means of warfare. The use of weapons or warfare methods that may result in unnecessary casualties or excessive suffering is prohibited.
04Those who are injured or ill should be gathered and provided care by the party in control of them. Medical staff, health facilities, and transport vehicles are to be protected from attack. Individuals displaying the recognized symbol of the Red Cross, Red Crescent, or Red Crystal on a white background, as well as facilities and vehicles marked with these symbols, must be treated with respect.
Understanding DoD and international Law of War is about more than memorizing complex legal terms. Let's look at a real-life scenario where it applies.
Consider a drone strike aimed at a suspected terrorist hideout nestled within a crowded village. While the strike may be seen as a necessary military action, the risk of civilian casualties raises serious questions about proportionality. In this context, here's how the principles of the Law of War come into play:
ProportionalityIs the expected military benefit greater than the possible harm to civilians? Are there safer alternatives that could accomplish the same goal?
DistinctionIs it possible for intelligence to verify if the hideout contains solely combatants, or might there be civilians unknowingly present as well?
NecessityIs this the only way to tackle the threat, or are there less harmful alternatives that can be considered?
Situations like those outlined above are complicated issues. There are no easy solutions to them. Commanders often face heart-wrenching decisions, weighed down by the potential consequences of their actions. Meanwhile, defense contractors must take significant strides to promote that their products and services comply with DoD and international Law of War mandates.
That's why open and clear communication among military leaders, military companies, legal advisors, and the public is essential. By sharing their thought processes, the factors they consider, and the efforts made to reduce civilian harm, they can promote understanding and foster accountability. If you own a company that supplies the military or DoD, working with a lawyer who specializes in defense contractor compliance could save your business and your reputation.
In 2010, the global market for private military companies (PMC) was estimated to be worth $200 billion and to employ around one million individuals. Today, the PMC sector provides a diverse array of services, with some firms having more than ten thousand employees. In Iraq and Afghanistan, the U.S. Army has depended on private military firms and defense contractors for many reasons, including:
In March 2011, the U.S. Department of Defense cited more defense contractor personnel in Afghanistan and Iraq at 155,000 than active military members, 145,000. In those two regions alone, defense contractors accounted for 52% of the U.S. workforce. With those figures in mind and with increasingly volatile and dangerous attacks in areas like Israel and Iran, military companies are in high demand.
If you're a defense contractor - whether large or small - now is the time to promote compliance with both international and DoD Law of War rules and provide appropriate training to key personnel. Here are just a few ways that defense contractor compliance law firms like Conflict Orbit can help your defense company uphold IHL laws.
Conflict Orbit provides in-depth compliance readiness and policy development support to help your business meet Law of War requirements with confidence. Richard Waring helps create a framework that supports operational integrity and contract security. With the rising scrutiny in federal procurement, now is the time to get your business audit-ready and fully aligned with government expectations.
This service can also include pre-design or post-design legal reviews for organizations designing weapons platforms with the goal of marketing them to the government. The government will require these systems to comply with the Law of War, and performing a front-end compliance review may help ensure alignment with government expectations and mitigate potential legal risks.
For defense contractors, comprehensive risk assessments and mitigation services can mean the difference between being in business and bankruptcy. When tailored to the unique challenges of private military organizations, this service evaluates potential legal, operational, and compliance risks related to Law of War obligations, identifying vulnerabilities and recommending targeted strategies to address them.
Whether assessing technology, weapons systems, or operational practices, experienced attorneys like Richard Waring are needed for many reasons, including:
In-depth Law of War audits are very important for assessing and strengthening an organization's compliance with international and Department of Defense (DoD) Law of War obligations. These audits can carefully evaluate an organization's policies, procedures, training programs, and operational practices to help them better align with Law of War standards. When you hire a defense contractor attorney Near Bluffton, SC to perform an audit, you're taking proactive steps to promote your operations adhere to Law of War principles. Just as important, you're demonstrating a commitment to lawful conduct in conflict scenarios.
Comprehensive partner due diligence and screening services, help organizations evaluate potential collaborators, contractors, or third parties for Law of War compliance and applicable regulatory standards. Due diligence and screening services may include the following:
By performing thorough due diligence, organizations can reduce the risk of partnering with non-compliant or unreliable entities, ensuring smoother and more lawful operations in conflict-affected environments.
Custom training and education programs from defense contract lawyers help your organization better understand Law of War obligations. Since training is often a necessity for defense contractors, it should always be taken seriously. IHL sessions go over a variety of topics, from following the Geneva and Hague Conventions to navigating ethical conduct in conflict zones, all tailored to fit your specific needs. Whether it's for senior leaders or frontline staff, this type of education and training gives you the knowledge needed to tackle legal challenges and keep practices lawful in highrisk situations.
These Law of War compliance services include in-depth research, detailed report writing, and professional presentations on IHL topics tailored to your defense organization's needs. Whether analyzing complex legal issues, drafting compliance reports, or delivering briefings to leadership, these options provide you with wellsupported insights to inform decision-making. Be sure to ask your government contractor attorney about how they can turn legal and regulatory frameworks into actionable guidance so that your team can stay informed and prepared when it matters most.
Around the globe, conflict is evolving. If you're a defense contractor and you're not making adjustments to secure your operations, you could violate the Law of War. However, with compliance counsel from Conflict Orbit, you can focus on doing what you're best at while lead attorney Richard Waring protects your legal interests.
Throughout Richard's professional career, he has seen a lack of private legal services for companies who need guidance on maintaining federally and internationally mandated compliance with the Law of War. He also observed that many contractors are unaware of these requirements.
As a former Intelligence Officer with the Defense Intelligence Agency (DIA) and a current U.S. Army JAG Officer (National Guard), Richard has had real-life exposure to the Law of War. He is a creative and relentless attorney who also has a background in criminal justice (prosecution, defense, and investigations) and education in drone and space law.
DISCLAIMER: Conflict Orbit, LLC is a private law firm and Richard Waring is not affiliated with or endorsed by the DoD.
Richard investigated and prosecuted 1000s of criminal cases with relentlessness, including the most serious violent crimes. As a prolific trial attorney, he held countless criminals accountable for their actions while refining the skills of communication, attention to detail, and persistence in the face of challenging legal scenarios.
Having defended numerous clients accused of wrongdoing, Richard has the ability to view legal scenarios from all sides. He utilized creativity, persuasion, and a strong work ethic to obtain positive results.
Former Defense Intelligence Agency (DIA) intelligence officer in the Intelligence Community's Prisoner of War (POW)/Missing in Action (MIA) Analytic Cell. The Cell provides intelligence support to military personnel recovery efforts for POW/MIAs, hostages, and kidnapped individuals worldwide. The Cell also currently supports unresolved U.S. and allied kidnapping cases by politically motivated anti-U.S. groups around the world.
As a Judge Advocate in the U.S. Army (National Guard) Judge Advocate General's Corps (JAG Corps), Richard received formal Law of War military legal training. He currently faithfully serves both his country and state of South Carolina as a Judge Advocate, and Richard feels privileged to be able to serve in this capacity.
DISCLAIMER: Conflict Orbit, LLC is a private law firm and Richard Waring is not affiliated with or endorsed by the DoD.
On a personal level, Richard is committed to reducing the amount of harm to the wounded and sick, POWs, and civilians in armed conflict. He has reorganized his law firm to be an innovative option for organizations needing guidance on Law of War compliance. Above all, Richard finds duty to country and service to others the highest callings, and it inspires him to know that his work potentially saves lives.
Is your defense organization ready to withstand what the future holds? If you're unsure, now is the time to act. Contact Conflict Orbit today and protect yourself from an uncertain tomorrow.
DISCLAIMER: This information, which includes non-client endorsements and testimonials from paying clients, should not be construed as a guarantee of any result in your matter. Past results do not necessarily indicate similar results can be obtained for other clients.
A Bluffton fish hatchery is at the forefront of an experimental statewide fish stocking plan to restore wild southern flounder, a popular sport fish with a peculiar look and life history whose numbers have seen marked declines over the past 30 years in South Carolina.Last Friday, the South Carolina Department of Natural Resources and Conservation released 10,000 juvenile flounder in Murrells Inlet south of Myrtle Beach. It was the first time hatchery-reared southern flounder were released in South Carolina.The fish are the prod...
A Bluffton fish hatchery is at the forefront of an experimental statewide fish stocking plan to restore wild southern flounder, a popular sport fish with a peculiar look and life history whose numbers have seen marked declines over the past 30 years in South Carolina.
Last Friday, the South Carolina Department of Natural Resources and Conservation released 10,000 juvenile flounder in Murrells Inlet south of Myrtle Beach. It was the first time hatchery-reared southern flounder were released in South Carolina.
The fish are the product of sperm and eggs of wild brood stock pulled from local waters. But they were raised indoors, at SCDNR’s 1,200-acre Waddell Mariculture Center on the Colleton River in Bluffton.
Five years of development came before the first hatchery-reared fish were released this spring.
“A part of it is taking the pressure off the wild population -- there’s just more fish to catch and to harvest,” SCDNR biologist Erin Levesque, the manager at Waddell Mariculture Center, said of the groundbreaking flounder stocking program. “But for really long-term sustainability, we have hope some fish make it to adulthood and start spawning with other wild members.”
Some of the 45-day-old translucent buggers, less than an inch long at the time of their freedom, may grow to be the size of door mats, as some flounder are known to do.
Waddell, one of the country’s largest and most sophisticated facilities for mariculture research, and the Marine Resource Research Institute in Charleston, both part of the SCDNR, are sharing the burden of raising flounder being stocked in wild waters for the first time to bolster the flagging wild population.
Regional and South Carolina assessments of the fish that swims sideways found that flounder numbers along the southeastern Atlantic coast were at record lows. Average sizes had declined by more than an inch in 10 years.
“It’s been stable -- at a low rate -- for a couple of decades,” said Tanya Darden, director of the SCDNR’s Marine Resources Research Institute.
Stocking estuaries with hatchery-raised fish isn’t the only approach being used to help restore the population.
In 2021, state lawmakers, at the urging of SCDNR fisheries biologists, cut the harvest to five per person and increased the minimum size of “keeper” to 16 inches (it had been 15). At the same time, a $5 saltwater fishing license fee increase was approved to fund the stocking program. SCDNR issues about 117,000 saltwater licenses a year.
Time and more research will tell if the stocking is successful. In about 2 years, the tiny flounder released last week will be big enough to catch. Figuring out the best time to release the hatchery-raised fish, and at what life stage, are critical aspects of the first few years of the experimental program, Darden says.
“We want them to look, act and behave just like wild fish,” Darden said.
The fry fed on zooplankton, just like they do in the wild. The strategy was intentional and meant to cue them into live prey after they are released, said Levesque.
SCDNR is taking a cautious approach until researchers learn more about the adaptation of hatchery-raised fish, Darden said. The initial releases will be small, totaling about 60,000.
“We don’t want to swamp the wild population,” Darden said.
Friday marked the first public release of juvenile flounder, but SCDNR officials in boats tipped bucketfuls of the tiny critters into Murrells Inlet in February. A third Murrells inlet release is planned in April as well. Levesque says she’s heard criticism that fish should be released in varying locations, but the “repeatability” of using a single spot provides advantages that are critical in the research.
Results will be of high interest to anglers as flounder are the third most popular South Carolina saltwater sport fish, behind red drum and spotted sea bass, according to SCDNR. The minimum size of a keeper is 16 inches but those that grow longer than 24 are sometimes called door mats because they are so big and flat.
“They are ambush predators,” Levesque says of flounder, which eat shrimp and small fish.
Before striking, they lurk on the bottom, with their two left-side eyes fixed upward. To camouflage themselves, they use their fins to flip sediment on themselves.
A favorite way of anglers to ambush the fish is night gigging, which involves illuminating shallow waters with light and sticking them with a spear.
The species’ life history is as fascinating as its popularity.
Extremely sensitive to environmental changes, flounder are susceptible to high mortality. The reason is a complex metamorphosis that begins when they are just days old. When flounder hatch out, their eyes are located on both sides and they swim upright. But after 20 days, the right eye migrates, and they begin swimming on sideways so both left eyes look toward the surface.
Minimizing the changes that can threaten the fish as they are developing is one of the challenges for the SCDNR biologists charged with raising the flounder. Each time, juveniles are released in different life stages. For example, some are 20 days old or “pre-metamorphis,” or before their right eye migrates to the left side. Others will be 45 days old, such as those released last week.
They will be recaptured in 18 months to two years and identified by their genetics.
“If we can show we’re making a contribution, I think the program will continue,” Levesque said. “It will take years to answer these questions because we need these fish to reach adulthood.”
BLUFFTON, S.C. — The Bluffton community is rallying around one of its own after a crash late last week left Kiernan Hughes seriously injured.Hughes, a Bluffton native known for epoxy floor coating work across the Lowcountry, was hurt in a crash Thursday while traveling home from a job in the Charleston area, according to his family.He was taken from the scene to the Medical University of South Carolina (MUSC) in Charleston, where he remains hospitalized.A brother’s search for answersHughes’ bro...
BLUFFTON, S.C. — The Bluffton community is rallying around one of its own after a crash late last week left Kiernan Hughes seriously injured.
Hughes, a Bluffton native known for epoxy floor coating work across the Lowcountry, was hurt in a crash Thursday while traveling home from a job in the Charleston area, according to his family.
He was taken from the scene to the Medical University of South Carolina (MUSC) in Charleston, where he remains hospitalized.
Hughes’ brother, Evan Ventrice, said he realized something was wrong when Kiernan didn’t appear to be moving on his route home.
After about an hour of checking the location, Ventrice said he then began driving toward the area and contacted Colleton County non-emergency dispatch, then received a call confirming Hughes was being rushed to MUSC.
Doctors have been most concerned about Hughes’ brain, Ventrice said.
Hughes suffered significant injuries across his body and, in an effort to protect his brain, Ventrice said doctors amputated Hughes’ left arm.
“If that’s the price to pay for him to recover to a full person — as far as normal function, cognitive, memories, loving, laughing, and ‘normal life’ — that’s what it’ll be,” Ventrice said.
Ventrice said Hughes has been in a coma, but doctors have indicated he may be able to wake up in the coming days.
“He’s a warrior, he’s a fighter, and he’s someone that when he puts his mind to something, he doesn’t give up regardless of anyone that says anything otherwise,” Ventrice said.
As Hughes continues to recover, friends and family have organized fundraising efforts to help with medical bills and other expenses.
“When this happened, we just knew we had to step in, knowing that regardless of any insurance that may kick in, you’ve still got bills outside of anything else,” family friend Shannon Loper said.
Organizers say donations are being collected through GoFundMe and Venmo.
A silent auction is also planned for Friday night from 5:30 p.m.- 8 p.m., with more than $20,000 worth of items expected to be available.
“This family needs us, and we want to make sure this family knows that they are covered in love,” Loper said.
Loper, who is helping organize the silent auction, said the community response has been immediate.
“I knew all it was going to take was a few phone calls, a couple of flyers, a couple of shares on Facebook, and the Bluffton/Hilton Head community was going to come together, and that’s exactly what they have done,” Loper said.
Organizers say the silent auction for Hughes will take place at the Bluffton Oyster Factory during the monthly Sunset Party, which is hosted by a local group.
Whatever is not sold during the silent auction will be posted online for people to bid on.
At the event, there will also be a cash jar for donations and raffles that people can enter.
Beaufort County residents were surprised to see a giant, glowing orb hovering in this sky this morning.A fish-shaped orb appeared to be moving through the sky above Bluffton and Hilton Head about an hour before sunrise.Some assumed it was a plane taking off from the Hilton Head Island Airport. Others questioned whether it was extraterrestrial in origin.In reality, the spectacular glow appears to have been the SpaceX Falcon 9 rocket flying overhead, carrying Starlink satellites into Earth’s orbit. Residents spotted ...
Beaufort County residents were surprised to see a giant, glowing orb hovering in this sky this morning.
A fish-shaped orb appeared to be moving through the sky above Bluffton and Hilton Head about an hour before sunrise.
Some assumed it was a plane taking off from the Hilton Head Island Airport. Others questioned whether it was extraterrestrial in origin.
In reality, the spectacular glow appears to have been the SpaceX Falcon 9 rocket flying overhead, carrying Starlink satellites into Earth’s orbit. Residents spotted the glow between 5:50 a.m. and 6 a.m., which aligns with the timeline of this morning’s SpaceX rocket launch.
The Falcon 9 rocket is the world’s first orbital class rocket capable of reflight, according to SpaceX’s website.
It has a reusable design, which drives down costs by allowing SpaceX to refly the most expensive parts of the rocket.
Orbital class rockets are powerful enough to transport people and objects into Earth’s orbit and beyond.
The first Falcon 9 launch was on June 4, 2010. Since then, Falcon 9 has completed 608 missions, 562 total landings and 528 reflights, according to SpaceX.
At 5:52 a.m., the Falcon 9 rocket was launched from Space Launch Complex 40 at Cape Canaveral Space Force Station in Florida.
The station is nearly 300 miles south of Hilton Head as the crow flies. It’s located just beside the Kennedy Space Center, east of Orlando, Florida.
The rocket consists of three key components: a first stage booster, which launches it off the ground, a second stage booster, which delivers the payload into the Earth’s orbit and the payload, which holds the cargo — in this case, 29 Starlink satellites.
Starlink is the name of a satellite network developed by SpaceX to deliver high-speed internet from space.
About two and a half minutes after launching, the first stage booster separated from the second stage and began its descent back into Earth’s atmosphere.
The bright glow Beaufort County residents saw would have been the first-stage booster burning up because of extreme heat from atmospheric drag, based on when photos were taken and SpaceX’s timeline. The booster landed around 6 a.m. on an autonomous droneship stationed in the Atlantic Ocean, according to SpaceX.
Coastal residents of Georgia and Florida also spotted the bright glow in the sky this morning. From Florida, the descending rocket created what some news reports described as a “space jellyfish.”
The Wednesday morning rocket launch is also not the first rocket to be spotted from Hilton Head recently.
Linda Smith shared photos of a rocket in the sky on Sunday at 10:01 p.m. from Port Royal Plantation. According to SpaceX, the Sunday launch also delivered 29 Starlink satellites into Earth’s orbit.
Bluffton basketball’s historic season ended one game shy of a state championship appearance.North Augusta was too much for the Bobcats late in the second half of the 57-38 win Friday in the Class 4A Lower State championship at the Florence Center.North Augusta moves on to the championship game for the second straight year and will face the Lancaster/South Pointe winner in the title game at 6 p.m. March 9 at Colonial Life Arena.The loss snaps Bluffton’s 19-game winning streak and ends the year at 24-5. The Bob...
Bluffton basketball’s historic season ended one game shy of a state championship appearance.
North Augusta was too much for the Bobcats late in the second half of the 57-38 win Friday in the Class 4A Lower State championship at the Florence Center.
North Augusta moves on to the championship game for the second straight year and will face the Lancaster/South Pointe winner in the title game at 6 p.m. March 9 at Colonial Life Arena.
The loss snaps Bluffton’s 19-game winning streak and ends the year at 24-5. The Bobcats have won 47 games over the past two seasons and were making their first Lower State championship appearance.
Bluffton coach Bradley Gabriel emerged from the Bobcats’ locker room about 20 minutes after the game ended, reflecting on what an experience this run has been.
“We were right there, especially in the third, but just kind of fell apart,” Gabriel said. “I told the guys in the locker room, it wasn’t a bad year and nothing to hold your head about. We won 24 games, went 10-0 in the region and made it to this point. It has been a special year. The kids worked really hard, bought into everything I was selling. It just didn’t work out tonight.”
Gabriel had high praise for his team, especially guard Harry Skinner. The senior led Bluffton with 20 points and has been one of the centerpieces for the past two years. Skinner left the program briefly for a few months to attend Moravian Prep (NC) but returned in the fall.
Skinner did his best to keep the Bobcats close, scoring eight straight points at one point to get them within 28-24 with 4:05 left in the third.
“When Harry got us back in the game, I felt like we had a chance,” Gabriel said. “We were down nine to Wilson (third round) in the third quarter and willed ourselves back.”
Trailing 33-24 entering the fourth, Bluffton made one final run. Ethan Foster’s three-point play got Bluffton within 39-34 with 3:36 left. Foster finished with 14 points.
But the Yellow Jackets’ zone offense and ability to get out in transition helped them close on an 18-4 run and head back to the title game.
Quh’mareon Webb led North Augusta with 21 points and Tristan Anderson added 13. Toian Nabriat had 10 points. The Yellow Jackets knocked off top-ranked Gray Collegiate on the road to make it to the semifinals.
“We started working soon after last year’s championship loss and had this circled on our calendar. We wanted to get back,” North Augusta coach Tony Harrell said. “… We didn’t finish the drill last year, and we want to finish this year.”
Carl Sagan
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