Law of War Compliance for Defense and Space Contractors

Defense Contractor Attorney Near Nexton, 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 Nexton, 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 Nexton, 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 Nexton, 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 Nexton, 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 Nexton, 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 Nexton, 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.

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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 Nexton, SC

MUSC breaking ground on new Nexton hospital and cancer center

BERKELEY COUNTY, S.C. (WCSC) - The Medical University of South Carolina is about to start construction on a 40-acre site in Berkeley County for a new hospital and cancer research center.The MUSC Health Nexton Medical Center will be a five-story, 192,000-square-foot facility featuring a full-service emergency department, radiology services and 70 inpatient beds.While smaller than MUSC’s flagship Charleston campus, which has 900 beds, hospital leaders describe the new location as a community-focused hospital that is designe...

BERKELEY COUNTY, S.C. (WCSC) - The Medical University of South Carolina is about to start construction on a 40-acre site in Berkeley County for a new hospital and cancer research center.

The MUSC Health Nexton Medical Center will be a five-story, 192,000-square-foot facility featuring a full-service emergency department, radiology services and 70 inpatient beds.

While smaller than MUSC’s flagship Charleston campus, which has 900 beds, hospital leaders describe the new location as a community-focused hospital that is designed to meet the needs of the region’s growing population.

“That population growth deserves the highest quality of care,” Chief Executive Officer of MUSC Health’s Charleston Division, Dr. Saj Joy, said. “We’re also getting a lot of transplants from other parts of the country that expect quality level care and MUSC Health delivers that in a special way. This hospital is a little different because it’s more of a community hospital, but with direct link and connection to our downtown peninsula quaternary hospital.”

Connected to the hospital will be a three-story, 30,000-square-foot Hollings Cancer Center. The center will provide infusion services and include a specialty pharmacy, giving patients in Berkeley County access to the same care available in downtown Charleston.

“The intent is to provide local care for those things that can be handled in a community setting up at Nexton,” Joy said. “But when it’s really tertiary and quaternary care, we want those patients brought down here with the level of expertise that we will retain downtown.”

Hospital officials say the project will help reduce strain on MUSC’s peninsula location, which has faced challenges with overbooking, while also eliminating the need for patients to travel downtown for many services.

The Hollings Cancer Center in Nexton is expected to open in summer 2027, with the hospital following in summer 2028. It will be the second major hospital in Berkeley County, alongside Roper St. Francis Berkeley Hospital, which is also expanding services.

Officials will be holding a groundbreaking event at 11 a.m. Thursday.

Downtown Nexton expands dining, retail with bourbon bar, liquor store, Asian restaurant

Downtown Nexton is expanding its lineup of dining and retail destinations with three new tenants scheduled to open later this year or in early 2026.Neat & Noble Bourbon Bar and Discount Liquors are currently under construction, while an adjacent pad site anchored by FU-O BBQ nears completion. The additions continue the growth at the urban-inspired mixed-use development by Sharbell Nexton LLC.Neat & Noble Bourbon Bar will occupy 3,595 square feet of retail space inside Lofts Downtown Nexton. The venue will feature an ext...

Downtown Nexton is expanding its lineup of dining and retail destinations with three new tenants scheduled to open later this year or in early 2026.

Neat & Noble Bourbon Bar and Discount Liquors are currently under construction, while an adjacent pad site anchored by FU-O BBQ nears completion. The additions continue the growth at the urban-inspired mixed-use development by Sharbell Nexton LLC.

Neat & Noble Bourbon Bar will occupy 3,595 square feet of retail space inside Lofts Downtown Nexton. The venue will feature an extensive bourbon selection, cocktails, bar snacks and light bites in what developers describe as a "refined yet approachable atmosphere." It will join iNails, Revive Health Studio, Clean Your Dirty Face, Wakey Bakey Bagels and Rita’s Italian Ice.

Discount Liquors will open in a 1,570-square-foot storefront on Metropolitan Avenue, offering a range of beer, wine and spirits.

The adjacent FU-O BBQ restaurant will introduce an interactive Korean barbecue dining experience, where guests can cook dishes at their tables. The 4,500-square-foot full-service restaurant will also serve sushi and Pan-Asian cuisine, with a curated menu of Korean appetizers, house-made sauces and specialty beverages. An additional 1,500 square feet of retail space will be included in the new building.

“The two new tenants, together with the FU-O restaurant, are a reflection of the diverse and dynamic experiences we’re cultivating here in Downtown Nexton,” said Tom Troy, president of Sharbell. “Downtown Nexton was designed to be a vibrant destination where dining, shopping, and entertainment come together. With the addition of Neat & Noble, Discount Liquors, and FU-O BBQ, we are continuing to deliver on that vision and provide residents and visitors with exciting new options.”

Downtown Nexton spans nearly 100 acres between Sigma Drive and Brighton Park Boulevard in the heart of the Nexton master-planned community. The development combines residential, commercial and recreational spaces, continuing to attract regional visitors while providing convenience to residents.

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