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 Isle of Palms, 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 Isle of Palms, 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 Isle of Palms, 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.
ISLE OF PALMS, S.C. (WCSC) — As beach days return to the Lowcountry, a delicate balancing act is underway on the Isle of Palms, where efforts to combat coastal erosion must contend with Civil War history resting just offshore.About a mile out in murky Atlantic waters lie the remains of ships sunk more than 160 years ago. They were part of the Union Navy’s effort to choke off Charleston during the Civil War. Today, those same wrecks are shaping how engineers restore the island’s eroding shoreline.In a quiet bas...
ISLE OF PALMS, S.C. (WCSC) — As beach days return to the Lowcountry, a delicate balancing act is underway on the Isle of Palms, where efforts to combat coastal erosion must contend with Civil War history resting just offshore.
About a mile out in murky Atlantic waters lie the remains of ships sunk more than 160 years ago. They were part of the Union Navy’s effort to choke off Charleston during the Civil War. Today, those same wrecks are shaping how engineers restore the island’s eroding shoreline.
In a quiet basement lab at the South Carolina Institute of Archaeology and Anthropology at the University of South Carolina in Columbia, toothbrushes, teacups, ceramics, bullets and even bones sit carefully cataloged in boxes.
They are artifacts recovered from blockade runners and vessels connected to what became known as the First and Second Stone Fleets.
“During the Civil War, the Union Navy instituted a blockade of Southern ports. In South Carolina, that really manifested in Charleston trying to prevent blockade runners from coming in,” James Spirek, state underwater archaeologist, said. “The blockade runners are bringing military goods and then also commercial goods, consumer goods to the South and to keep the army going.”
To strengthen the blockade, the Union purchased aging whaling and merchant vessels, filled them with stone, and deliberately sank them in key shipping channels leading into Charleston Harbor. The first fleet obstructed the main ship channel. When runners adapted, a second wave of ships was sunk off what is now the Isle of Palms.
“It was an obstacle course,” Spirek said.
Smugglers still tried to slip through the shallow beach channels. Some didn’t make it.
“The Georgiana, in this case, it’s spotted and it’s chased by the Union by and the blockade was, you know, firing heavy cannons at it. And so apparently it did disable the vessel. And then the captain, the Georgiana, wrecked onto a shoal.”
A year later, another ship, the Mary Bowers, wrecked onto the Georgiana. On sonar scans, the two form an X on the seafloor.
“And so we, you know, like to say that X truly marks the spot,” Spirek said.
Divers who first documented the wrecks in the 1960s described murky water and cargo seemingly frozen in time. When archaeologists returned decades later, visibility remained limited, sometimes only a few feet.
But even in dark water, history is visible.
“There’s still information out there and it’s amazing what can be preserved,” Spirek said.
He calls the wrecks “nonrenewable resources.”
“We’re not going to get, hopefully, another American Civil War,” Spirek said. “So these things are never going to be made or anything of that nature. So that’s why we look to preserve them.”
While history rests offshore, erosion is eating away at the island’s shoreline. The U.S. Army Corps of Engineers and the city of Isle of Palms are planning a major beach renourishment project expected to begin this summer, with an estimated cost of $30 million.
“If we don’t restore the beaches, the erosion starts to threaten the critical infrastructure: homes, buildings, parking areas, public use areas. And then we end up with a lot of storm damage,” Steven Traynum, president of Coastal Science and Engineering, said.
Beach renourishment involves dredging sand from offshore and pumping it onto the shoreline. But not just any sand will do.
“Beach sand has to be a certain character. It’s got a certain grain size, certain color or certain texture. And we try it when we’re doing dredging projects and beach restoration. We’re trying to match the native sand as much as we possibly can,” Traynum said.
Some of the best beach-quality sand sits near the historic wreck sites.
“We’re trying to avoid the, the most critical area where we know most of the wrecks are, even though there’s some really good sand there,” Traynum said.
Removing too much sand near a wreck could destabilize it. Changing currents could scour away protective sediment, exposing fragile wood hulls to faster deterioration. To prevent that, archaeologists and engineers establish buffer zones, essentially invisible circles around known shipwrecks and magnetic anomalies.
“If it’s a known shipwreck where you know what the ship is, we put a very large buffer around that because we don’t want to get anywhere close,” Traynum explained.
Spirek says the process is rooted in federal law when federal funding is involved, requiring consultation and cultural resource surveys before dredging begins. If something significant is found, work can be adjusted.
For engineers, it’s about stewardship as much as construction.
“The worst thing we want to see is a historic artifact come through that dredge pipe,” Traynum said.
Ironically, ships once sunk to blockade Charleston are still influencing the coastline today.
Spirek notes that in previous debates over renourishment, headlines joked that the Stone Fleet was “still blockading” the coast.
More than 160 years later, the obstruction is no longer military; it’s historical.
“It’s really just a balance. I don’t see why we need to just blow through shipwrecks just because they’re in the way,” Spirek said.
Above water, waves continue their slow work of reshaping the shoreline. Below, wooden hulls rest in sand and shadow, remnants of a naval battlefield few beachgoers will ever see. The challenge for the Isle of Palms is not choosing between beach and history: it’s protecting both.
ISLE OF PALMS, S.C. (WCIV) — On the Isle of Palms, concerns among the community are growing over firefighter and paramedic staffing.The wife of an Isle of Palms paramedic is sounding the alarm about coverage during medical emergencies. She claims that if the city doesn't make changes soon, there could be serious consequences during emergencies when lives are on the line."We lost quite a few firefighters last year," said Danielle Murphy, whose husband has been a firefighter for more than a decade.R...
ISLE OF PALMS, S.C. (WCIV) — On the Isle of Palms, concerns among the community are growing over firefighter and paramedic staffing.
The wife of an Isle of Palms paramedic is sounding the alarm about coverage during medical emergencies. She claims that if the city doesn't make changes soon, there could be serious consequences during emergencies when lives are on the line.
"We lost quite a few firefighters last year," said Danielle Murphy, whose husband has been a firefighter for more than a decade.
READ MORE | "Continued seawall dispute on Isle of Palms raises environmental concerns."
According to her, when he joined the Isle of Palms Fire Department, his starting salary was low. She believes that pay is the reason for staffing shortages.
There are currently six firefighter-paramedics employed, according to the Isle of Palms city website.
Murphy, however, contends they are down to three and two more may be leaving soon for better-paying jobs.
"We have three paramedics left and that is for two different fire stations," she said.
Isle of Palms said it has three open paramedic positions. They could not confirm the current salary for those employees.
Murphy has asked the Isle of Palms City Council to reconsider its budget, but has not found much success, she said.
City officials declined to comment on the matter.
Paramedics are crucial in providing critical care that EMTs can't.
READ MORE | "Isle of the Palms weighing funding options to renourish beach."
There was a four-day stretch with no paramedics working at the fire department, Murphy said.
"This is dire and people can die," she said. "The council has constantly brushed this off."
Isle of Palms officials officals hope the current wage and competition will attract more firefighter-paramedics, they said.
ISLE OF PALMS, S.C. (WCSC) — The City of Isle of Palms is bringing back one of their committees after a four-year hiatus.The committee had its last meeting in 2022, ceasing to meet again after the city restructured its committee system. The City Council introduced workshops as a replacement to go over projects and finances in an additional meeting before voting.Now, the council has asked the Ways and Means Committee to return so they can have a meeting strictly for finances.“Our codes allow us some flexibilit...
ISLE OF PALMS, S.C. (WCSC) — The City of Isle of Palms is bringing back one of their committees after a four-year hiatus.
The committee had its last meeting in 2022, ceasing to meet again after the city restructured its committee system. The City Council introduced workshops as a replacement to go over projects and finances in an additional meeting before voting.
Now, the council has asked the Ways and Means Committee to return so they can have a meeting strictly for finances.
“Our codes allow us some flexibility to rework our workshops and spend more time on the financial aspect of it as opposed to some of the projects or items needing approval,” Isle of Palms Mayor Philip Pounds said. “So, we’ll take those items for approval straight to a council meeting as opposed to stopping at a workshop and having some conversation.”
The committee would once again replace the workshops, meaning councilmembers would only see projects one time before voting.
Pounds believes the city has been successful with the workshop format, but said he received feedback from the council, who asked for a change.
Because of this, it’s coming back in April to give council more time to focus on project finances, such as drainage, beach restoration and road improvements.
“You know from a financial standpoint, we look at it every month,” Pounds said. ”We look at our results every month. We look at our cash position every month, but I’m very comfortable with where we sit from a budget in a reporting standpoint.”
The city has already started to restructure their meeting for a smooth transition.
The city hopes that adding back the Ways and Means committee could potentially streamline project financing, but they plan to continue to evaluate the process.
Carl Sagan
Let's be the exception.