Law of War Compliance for Defense and Space Contractors

Defense Contractor Attorney Near Cayce, SC

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 Cayce, SC for tailored guidance.

Defense Contractor Attorney Cayce, SC

Law of War 101

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.

What is the Law of War?

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 Cayce, 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:

dotCivilian Protection

Defense 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.

dotAccountability

Both 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.

dotUse of Force

Although 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.

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4 Basic Rules of International Humanitarian Law

Four of the most basic rules of IHL include the following:

dot01

Parties 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.

dot02

Individuals 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.

dot03

Neither 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.

dot04

Those 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.

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A Real-World Example of When Law of War Applies

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:

dotProportionality

Is the expected military benefit greater than the possible harm to civilians? Are there safer alternatives that could accomplish the same goal?

dotDistinction

Is it possible for intelligence to verify if the hideout contains solely combatants, or might there be civilians unknowingly present as well?

dotNecessity

Is 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.

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Why Private Military Companies Need Defense Contractor Attorneys Near Cayce, SC

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:

  • Logistics Support
  • Intel Support
  • Weapons Management
  • Security
  • Military and Police Force Training
  • Military Construction

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.

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How a Government Contractor Attorney Near Cayce, SC, Helps promote Law of War Compliance

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.

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Compliance Readiness

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.

Defense Contractor Attorney Cayce, SC

Risk Assessment and Mitigation

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:

  • Promoting Compliance
  • Minimizing Legal Exposure
  • Protecting Your Operations in High-Risk Environments
  • Safeguarding Your Organization as a Whole
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Audits

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 Cayce, 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.

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Partner Due Diligence and Screening

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:

  • Detailed Background Checks
  • Business Practice Evaluations
  • Past Performance Evaluations
  • Legal Standing Evaluations

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.

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Training and Education

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.

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Research, Report Writing, and Presentations

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.

Conflict Orbit: Bespoke Defense Contractor Legal Compliance Near Cayce, SC

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.

The Conflict Orbit Difference

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.

What Others Have Said

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.

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Latest News Near Me Cayce, SC

Cayce councilman claimed tourism organizations weren't being transparent. Records say otherwise.

CAYCE — Two regional tourism organizations that had their funding stripped from the city are firing back at a longtime councilman who expressed concerns about their record-keeping process.“We follow the law,” said Miriam Atria, president of Capital City/Lake Murray Country. “It’s been very upsetting, as someone who’s been doing this for 40 years, and doing it right.”On June 3, City Council ...

CAYCE — Two regional tourism organizations that had their funding stripped from the city are firing back at a longtime councilman who expressed concerns about their record-keeping process.

“We follow the law,” said Miriam Atria, president of Capital City/Lake Murray Country. “It’s been very upsetting, as someone who’s been doing this for 40 years, and doing it right.”

On June 3, City Council voted to give $44,175 in tax accommodations money to the Greater Cayce West Columbia Chamber of Commerce. Last year, council split the money evenly among the chamber, Lake Murray Country and Experience Columbia.

Then, at a June 18 council meeting, Councilman Phil Carter accused Lake Murray Country and Experience Columbia of not submitting budgets in previous years for council to review.

The District Four councilmember said he went back through council meeting agendas dating back to 2015, and found that no organization had submitted budgets before receiving the accommodations tax funding — or expenditure reviews afterward.

“Should we hold these people to come back and let us know what they did with the money? Absolutely. Did we ask them to? I don’t know. We may have, we may not have,” Carter said.

At the center of this controversy is a concern over how the chamber plans to spend this money. In their initial application, the chamber did not submit a budget, nor a formal application detailing when and where they'd spend the advertisement money.

At the June 18 meeting, Mayor Elise Partin asked for more information from the chamber regarding how they spent previous expenses, and a more detailed look at how they plan to spend their money in the upcoming fiscal year.

There was no representative from the Chamber present to explain the document they had submitted, which included dollar amounts equal to more than four times the amount of funding the city had awarded them.

Officials from the Greater Cayce West Columbia Chamber could not be reached for comment.

Because Carter couldn't find the records of expenditure reviews submitted previously, he claimed the city had to “clean up” their process going forward. But when asked if that applied to the current vote on the chamber’s budget, Carter said he wasn’t going to hold the chamber to something when “I haven’t asked anyone to do it for at least 10 years.”

According to reports from the South Carolina Tourism Expenditure Review Committee, as well as emails shared with The Post and Courier from Lake Murray Country and Experience Columbia, the city has been receiving budgets and expenditure reviews from all of the tourism organizations through at least 2023.

Like Lake Murray Country, Experience Columbia was similarly confused by Carter’s comments.

“Experience Columbia SC always provides all reports required and requested by our funding entities, including the City of Cayce,” President Bill Ellen wrote in an email to The Post and Courier.

Carter could not be reached for comment, but Cayce spokesperson Ashley Hunter later clarified to The Post and Courier that Carter specifically meant council had never asked applicants to present their budgets to them after they had allocated the money.

How the accommodations tax process works

Among council and the general public, there seems to be confusion about where this funding comes from and how it's allocated.

The Accommodations Tax is collected from a fee tacked onto lodging bills, like hotels and motels, in the Cayce area. It’s sometimes referred to as a “heads on beds” tax.

Thirty percent of that balance goes toward a “special fund.” Money from this fund can only be used for advertising and the promotion of tourism. The law gives local municipalities the authority to direct these funds toward one or more organizations to manage those promotional efforts.

The process works like this:

Organizations must submit their applications, including their planned budgets, to the Citizen's Accommodations Tax Committee. The committee, made up of local hospitality-industry professionals, makes recommendations to the Council on how they should divide the funding.

Who gets the funding, and how much they get, is ultimately left up to a vote by Council. Though, the full application for funding is never submitted to council — unless they specifically request to see those applications, they'll only see the recommendations.

This isn’t the first time Cayce has been confused about the accommodations tax process.

A letter from the city’s municipal clerk to the Tourism Expenditure Review Committee in 2017 reveals that the full amount of funding that was supposed to be awarded was, in fact, never doled out.

The letter names the reason for this as not being able to keep the administrative coordinator position filled for “several years.” The administrative coordinator serves as the go-between for staff and the citizens advisory accommodations tax committee, and is in charge of submitting the reporting forms to the oversight committee.

Cayce has been under fire for turnover in several high-level positions in recent years, most recently hiring their third city manager in a year. Combined with in-fighting among council members, it's sparked concerns that the loss of institutional knowledge has led to confusion and loss of oversight in the small town.

Sewage spill in Cayce closes portions of Riverwalk

According to the Congaree Riverkeeper, thousands of gallons of sewage spilled into the Congaree River on Saturday.CAYCE, S.C. — A sanitary sewer overflow in Cayce has forced the closure of part of the city’s Riverwalk after erosion damaged the boardwalk structure.Cayce resident William Terry said he’s frustrated by the repeated ...

According to the Congaree Riverkeeper, thousands of gallons of sewage spilled into the Congaree River on Saturday.

CAYCE, S.C. — A sanitary sewer overflow in Cayce has forced the closure of part of the city’s Riverwalk after erosion damaged the boardwalk structure.

Cayce resident William Terry said he’s frustrated by the repeated sewage issues in the area.

“Something's got to change to make our waters cleaner and better for the future,” Terry said. “It's been going on for years and years. Every time it rains hard seems like we have a sewage spill, and I just think it's a shame this day and age that you can't stop raw sewage, thousands and thousands of gallons of water or raw sewage going into our rivers.”

According to the Congaree Riverkeeper, thousands of gallons of sewage spilled into the Congaree River on Saturday. As a result, Cayce Mayor Elise Partin confirmed that parts of the Riverwalk are closed to the public.

“It was a utility line that broke,” Partin said. “Our utility team reacted very quickly and made sure that that spill was stopped as quickly as they could get to it, but also to bypass that broken line.”

The closure affects the area near the railroad trestles downstream to Kelly Jones Park. Officials say the area will remain off-limits until further notice.

“You'll see these piers that, uh, are built with a foundation, um, down in the, the water, uh, that helps to stabilize it,” Partin said. “Well, that is unfortunately eroded and that's what's not safe. So we, we definitely have to keep people out of there until we can get that navigated and, and repaired.”

The spill is impacting businesses that rely on access to the river, including Palmetto Outdoor, a company offering tubing and kayaking excursions.

“We are opening and launching a new trip from Gervais Street Bridge down to the Kelly Jones takeout,” Andy Byler said. “of course with that kind of section being closed up, it makes access a little bit harder, but we're able to work around that slightly. But of course when that is back open, we'll be able to fully operate with our new sea to sea trip.”

According to the Congaree Riverkeeper, this is the city’s second-largest sewage spill in the past week, raising concern among local residents.

“It impacts me a lot. I have 7 grandchildren, 4 great grandchildren, and I want them to be able to enjoy the river like I've been able to enjoy it all my life,” Terry said. “There's got to be a better solution than what's been going on for years.”

The Riverkeeper advises people to avoid contact with the river downstream of the spill for several days.

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