Law of War Compliance for Defense and Space Contractors

Defense Contractor Attorney Near Irmo, 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 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 Irmo, SC for tailored guidance.

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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 Irmo, 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 Irmo, 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 Irmo, SC, Helps promote Law of War Compliance

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.

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Compliance Readiness

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.

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Weapons and Technology Reviews

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.

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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 Irmo, 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.

Conflict Orbit: Bespoke Defense Contractor Legal Compliance Near Irmo, 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. 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.

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 Irmo, SC

So close: Late homer ends Irmo SC run at Little League World Series

The Irmo Little League All-Stars’ memorable summer came to an end with one swing of the bat Thursday night.Garrett Gallegos’ three-run homer in the top of the sixth helped Nevada past Irmo, 5-3, in the United States bracket semifinals at the Little League World Series in Williamsport, Pennsylvania.Nevada will face Connecticut in the United States bracket championship. The loss ends Irmo’s postseason after a thrilling ride to the program’s first Little League World Series appearance, and just the fourth S...

The Irmo Little League All-Stars’ memorable summer came to an end with one swing of the bat Thursday night.

Garrett Gallegos’ three-run homer in the top of the sixth helped Nevada past Irmo, 5-3, in the United States bracket semifinals at the Little League World Series in Williamsport, Pennsylvania.

Nevada will face Connecticut in the United States bracket championship. The loss ends Irmo’s postseason after a thrilling ride to the program’s first Little League World Series appearance, and just the fourth South Carolina team to ever make it to Williamsport.

Irmo won three games at the LLWS, becoming the winningest team from South Carolina in the series.

“I told them in the first parent meeting after we named the team that this group could be special,” Irmo manager David Bogan said. “They went well beyond my expecations of what special means. The heart, the grit that this group showed is going to be legendary in Irmo for sure. ... I couldn’t be prouder.”

Both of Irmo’s losses came against Nevada, which won 1-0 on Monday.

But it looked like Irmo would get its revenge Thursday as it rallied like it has on several occasions in the postseason.

With the score 2-2 in the bottom of the fifth, Irmo loaded the bases and Sutton Gravelle’s walk scored Brody Miller to make it 3-2. Irmo ended up stranding the bases loaded in the inning.

In the top of the sixth, Brooks Fechser walked with one out and Cache Malan singled. Then, Gallegos drilled a 2-2 pitch over the right-field wall to make it 5-3.

“My mindset was to just do my job and and to find a way to get that run in. But it ended up being a big hit that led us to a win,” Gallegos said.

Irmo got a runner on in the bottom of the sixth but was picked off.

Miller and Joe Giulietti each hit solo homers for Irmo. Miller’s homer tied it at 1-1 in the second and Giulietti’s tied it at 2-2 in fourth. It was his second homer of the LLWS.

Giulietti and the rest of the Irmo players became some of the stars of the LLWS as those from the Midlands and outside of SC rallied behind the squad.

South Carolina women’s basketball coach Dawn Staley sent a message to the team before Monday’s game and football coach Shane Beamer mentioned the squad at the beginning of his press conference Tuesday. US Sen. Tim Scott posted a message about the team on X (formerly Twitter) on Thursday.

A couple of times during the playoff run, Irmo was one of the lead stories on ESPN SportsCenter, including when it rallied from 6-1 down to defeat South Dakota, 7-6 on Wednesday night.

Bogan was asked about what he will remember the most about the summer’s journey, which took them to the LLWS for the first time. He paused and talked about the outpouring of support the team received.

Bogan also talked about the ability to share these moments with his son Andrew, the team’s starting catcher who had the game-winning hit against South Dakota and started on the mound on Tuesday.

“I’m speechless when it comes to that,” Dave Bogan said. “I’m proud of him as a father. As a group, I told them their baseball journey isn’t over. ... They got high school baseball and travel baseball coming. There are a lot of great things coming for these kids. They should cherish every moment of this but don’t dwell on it. But use it to grow and work hard. I hope they do that.”

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