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 and national security. 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 Goose Creek, 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 Goose Creek, 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.
Bottom Line Up Front (BLUF): Many defense contractors - whether supporting U.S. Armed Forces overseas (OCONUS), supplying weapon systems or emerging technologies, or launching satellites and space assets - are unaware of their Law of War compliance and related national security obligations. These obligations are imposed by DoD regulations, federal law, and international humanitarian law. Conflict Orbit provides strategic guidance to help you understand, implement, and sustain Law of War compliance. Whether supporting intelligence operations, overseas DoD missions, marketing weapons technologies, or launching a satellite, Conflict Orbit stands ready to launch with you - into the next mission, and into the future.
Compliance Readiness can help defense and space contractors proactively meet their legal obligations under the Law of War, U.S. DoD policy and regulations like DFARS, and client-specific requirements before operations begin. Conflict Orbit provides tailored analysis on activities, audits, risk assessments, internal policy development, training, and contract support to facilitate your organization's preparation for conflict-related legal scrutiny. The goal is to help you operate lawfully, reduce risk, and demonstrate credible compliance in today's high-stakes defense and space environments.
Weapons and technology reviews help defense and space contractors assess whether their systems - kinetic, cyber, AI-enabled, dual-use, or space-based - comply with the Law of War and relevant U.S. laws and regulations. Since the government will conduct its own legal review before accepting and deploying a weapon system, a front-end legal assessment may help prevent costly redesigns, procurement delays, and legal and reputational risk early in the development, design, or post-design process. These reviews can identify and address legal risks up front, streamline government engagement, demonstrate due diligence (which can enhance credibility), and reinforce ethical operations, showing a commitment to lawful development that could save lives and reduce civilian harm.
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 Goose Creek, 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.
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. This national security experience is invaluable to Richard's understanding of Law of War compliance.
As a Judge Advocate in the U.S. Army (National Guard) Judge Advocate General's Corps (JAG Corps), Richard received formal Law of War and national security law 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.
GOOSE CREEK — A Berkeley County woman was indicted on federal charges this month after allegedly stealing her employer’s identity and defrauding her boss of at least $175,000.The woman, Tiffany Nelson, pleaded not guilty to the allegations during an initial appearance in federal court on Oct. 28. She was indicted earlier this month on five counts, including wire fraud, mail fraud and aggravated identity theft.The owner and sole chiropractor at an unidentified medical practice in Goose Creek hired Nelson as an office...
GOOSE CREEK — A Berkeley County woman was indicted on federal charges this month after allegedly stealing her employer’s identity and defrauding her boss of at least $175,000.
The woman, Tiffany Nelson, pleaded not guilty to the allegations during an initial appearance in federal court on Oct. 28. She was indicted earlier this month on five counts, including wire fraud, mail fraud and aggravated identity theft.
The owner and sole chiropractor at an unidentified medical practice in Goose Creek hired Nelson as an office manager in December 2015. As part of her position, Nelson could access the owner’s company and personal bank accounts.
She also knew her boss’s birthday, Social Security number and address, as well as the login information and passwords for the owner’s life insurance policy and retirement accounts.
Throughout her time as the office manager, Nelson allegedly neglected to pay business expenses and diverted funds for her own personal use. This caused the business to fall behind on bills and impacted its operating income, according to the indictment.
Beginning in at least November 2020, Nelson allegedly devised a scheme to defraud her employer’s life insurance policy with MassMutual. She called the life insurance company while impersonating her boss and requested a $20,000 loan, according to the indictment.
About a year later, she allegedly began taking steps to also steal money from her boss’s retirement account with the Capital Group American Funds investment company. She requested to withdraw $25,000 from the IRA in December 2020 and $20,000 in January 2021, according to the indictment.
In total, Nelson is accused of directly or indirectly stealing $175,000, per the indictment.
If convicted of the charges, Nelson could face a mandatory minimum sentence of two years and as much as 20 years in prison. She would also be on the line for paying back what she stole.
Because her money may need to go toward restitution, Nelson was granted a $50,000 unsecured bond by Magistrate Judge Mary Gordon Baker during her initial appearance.
Conditions of Nelson’s bond include staying in communication with her federal public defender and probation officer, not breaking the law, not leaving the state without permission and not drinking alcohol or using drugs.
Nelson no longer is employed at the chiropractor’s office. She now works in insurance billing for another business, according to information shared during the hearing.
The government voiced concerns that the victim’s daughter believes Nelson’s current role gives her the same access to financial information that she allegedly used to defraud her previous employer.
Baker ordered Nelson’s probation officer to learn more about her current job.
If she has access to financial records, a third party may need to be notified as another condition of her bond, Baker said.
GOOSE CREEK, S.C. (WCBD) – Federal agents arrested a Goose Creek man Tuesday morning after he allegedly lied to authorities about his ties to a terrorist organization and destroyed evidence to obstruct a federal investigation, the US Department of Justice said.Ala Aldeen Alshaikh, 31, was indicted for lying to FBI agents, making false statements while trying to obtain US citizenship, and destroying evidence.Alshaikh, a Sudanese national, applied for US citizenship in September 2021, the indictment states. During his inter...
GOOSE CREEK, S.C. (WCBD) – Federal agents arrested a Goose Creek man Tuesday morning after he allegedly lied to authorities about his ties to a terrorist organization and destroyed evidence to obstruct a federal investigation, the US Department of Justice said.
Ala Aldeen Alshaikh, 31, was indicted for lying to FBI agents, making false statements while trying to obtain US citizenship, and destroying evidence.
Alshaikh, a Sudanese national, applied for US citizenship in September 2021, the indictment states. During his interview with the US Citizenship and Immigration Services, he told interviewers he had not associated with a terrorist organization.
Justice officials said this was a lie and Alshaikh had pledged allegiance to and claimed membership in the Islamic State of Iraq and Syria (ISIS) in August 2021.
A year after the immigration interview in preparation for his naturalization ceremony, Alshaikh again denied connection to terrorists on a written immigration form, the indictment states.
Investigators allegedly found evidence that in October and November of 2021, AlshaikhMade statements online indicating his connection to ISIS. The statements referred to a possible attack on the US Embassy after his immigration interview, which took place on September 10, 2021.
Alshaikh also lied to an FBI agent in January 2025 by denying that he ever offered to share aviation expertise with anyone, officials said. Alshaikh, who has aviation experience, allegedly offered to mobilize and share his experience with the militant group Al-Bara Ibn Malik Brigade.
He then destroyed evidence of his online conversations with the Al-Bara Ibn Malik Brigade after he became aware of the federal investigation, according to the indictment.
If convicted, Alshaikh faces a maximum sentence of five to 20 years in prison. He was arraigned after his arrest on Tuesday morning.
His detention hearing is scheduled for September 19 at 10 a.m. before US Magistrate Judge Mary Gordon Baker.
The FBI Columbia Joint Terrorism Task Force investigated this case. Assistant US Attorneys Chris Lietzow and Everett McMillian are prosecuting the case with support from Trial Attorney Kevin C. Nunnally of the Department of Justice’s National Security Division, Counterterrorism Section.
GOOSE CREEK — Federal agents arrested a Goose Creek man accused of lying in immigration papers about his ties to the Islamic State group and obstructing federal agents.Ala Aldeen Alshaikh, 31, appeared in magistrate court Sept. 16 after a grand jury indicted him on four separate counts.They include making a false statement under oath in an immigration proceeding, making a false statement on an immigration document, making a false statement involving international terrorism to a federal agent and deleting records to obstru...
GOOSE CREEK — Federal agents arrested a Goose Creek man accused of lying in immigration papers about his ties to the Islamic State group and obstructing federal agents.
Ala Aldeen Alshaikh, 31, appeared in magistrate court Sept. 16 after a grand jury indicted him on four separate counts.
They include making a false statement under oath in an immigration proceeding, making a false statement on an immigration document, making a false statement involving international terrorism to a federal agent and deleting records to obstruct a federal investigation.
The allegations against the Sudanese national focus on comments he made online over a period of several years. He has not been charged with providing material support for terrorism or participating in a conspiracy.
Alshaikh’s various charges carry maximum penalties of between five and 20 years in prison.
Alshaikh allegedly pledged allegiance to the Islamic State group, also known as ISIS, in August 2021, according to the indictment. He is accused of lying about that to a U.S. Citizenship and Immigration Services officer during an interview a month later.
He is also accused of lying on follow-up immigration forms in March 2022 ahead of his naturalization ceremony, asking him if he had connections with the Communist Party, totalitarian organizations or terrorist groups.
The indictment alleges he destroyed records in November 2024 that included online conversations where he offered to “mobilize and share his aviation expertise” with the Sudanese militant group Al-Bara Ibn Malik Brigade, according to a statement from the U.S. Attorney’s Office of South Carolina.
The Al-Bara Ibn Malik Brigade and its leader were sanctioned by the U.S. government on Sept. 12. The U.S. State Department said the sanctions stemmed from the group’s connections to Iran and their actions during the war in Sudan, according to a news release. The UN’s human rights chief raised alarms about the group in January after reports of summary executions of civilians.
Assistant U.S. Attorney Christopher Lietzow said no other arrests have been made in connection with the investigation.
Lietzow said in court Sept. 16 that Alshaikh lied to FBI agents about his offering of support to the Sudanese militant group in January. Later, he agreed to a follow-up interview but then purchased two one-way tickets back to Sudan for different days. The FBI intercepted him as he tried to board a plane in late February, Lietzow said.
Lietzow said Alshaikh told agents he was heading back to Sudan to work on his family’s banana farm.
He is expected to have a bond hearing at 10 a.m. on Sept. 19 before U.S. Magistrate Judge Mary Gordon Baker. Bill Nettles was assigned as his public defender. He declined to comment after Alshaikh’s hearing.
Alshaikh is being held in the Sheriff Al Cannon Detention Center.
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