As geopolitical tensions rise and defense innovation accelerates, contractors are under increasing pressure to deliver systems that are effective but also compliant with the Law of Armed Conflict (LOAC).
In FY 2023, the DoD spent $122 billion on R&D of weapons and equipment and $142 billion on procurement of weapons and systems, according to the Peter G. Peterson Foundation.
That was nearly one-third of the total $820 billion defense budget. With this scale of investment, scrutiny of legal and ethical compliance in weapons and systems development is high.
Here’s what some companies miss:
Pursuant to DoD policy, the DoD conducts official LOAC legal reviews of weapons, systems, and associated technologies during the procurement process.
For certain autonomous systems and emerging space technologies, the review may even be triggered before a prototype exists, during the concept or design stage.
But, without front-end Law of War reviews integrated into your R&D cycle, you could be exposing your program to:
🚨 Costly redesigns
🚨 Procurement delays
🚨 Increased legal and reputational risk
A proactive Law of War review in early R&D can help:
✔️ Identify and address legal risks up front.
✔️ Streamline government engagement (especially for autonomous or space-based technologies that will face heightened scrutiny).
✔️ Demonstrate due diligence, which could enhance your credibility in competitive bid environments.
✔️ Reinforce ethical operations, showing a commitment to lawful development that could save lives and reduce civilian harm.
If your company supplies technology, weapons systems, or autonomous tools to the U.S. military, an early-phase Law of War review can be a strategic asset in your development process.
🚀 Conflict Orbit is a private law firm dedicated exclusively to Law of War Compliance.
Reach out if you’d like to learn how Conflict Orbit can help integrate Law of War compliance into your R&D lifecycle before issues arise.
Richard Waring
Conflict Orbit
521 Folly Rd., Suite 102
Charleston, SC 29412
Disclaimer: Conflict Orbit is a private entity unaffiliated with the U.S. Government. The views expressed herein are solely those of Richard Waring in his private capacity and do not reflect the official policy or position of the Department of Defense. This post is for general informational purposes only and does not constitute legal advice. Viewing or responding to this post does not create an attorney-client relationship, nor should this be interpreted as a guarantee of results. All information presented is based on publicly available sources. Richard Waring is licensed to practice law in South Carolina.