Unsure of your Law of Armed Conflict (LOAC) compliance exposure?
Consider privately answering this 10-question scorecard within your team (not in the comment section).
OPERATIONAL SCOPE
1. Does your company support U.S. military operations outside the continental U.S.?
2. Are any of your personnel (even if they are physically located in the U.S.), systems, or services “assigned to” or “accompanying” U.S. forces?
3. Do you provide support related to: weapons platforms (e.g., drones, etc.); security; training; intel; satellites; ISR; cyber or AI systems; communications technology; logistics or field sustainment; supply chain management; fuel delivery; construction; food services; other mission-critical goods or services?
CONTRACTUAL + POLICY EXPOSURE
4. Have you seen references to “DFARS 252.225-7040” or “Law of War compliance” in your defense contracts?
5. Are you unsure whether you have Law of War compliance obligations from the DoD even if your contract doesn’t explicitly reference Law of War compliance?
6. Are you unsure whether your subcontractors are also obligated to comply and whether they’re actually doing so?
TRAINING + PREVENTION
7. Do your employees, subcontractors, or deployed personnel, currently lack formal Law of War training?
8. Does your company lack a written Law of War compliance program or policy?
9. Have you never conducted a legal review of your weapons, AI, cyber, or support technologies under LOAC standards?
OVERALL POSTURE
10. If asked by a contracting officer, auditor, or investigator, would your company struggle to explain how it ensures LOAC compliance?
Scoring Your LOAC Exposure:
· 0–3 YES answers: Low exposure. Monitor as operations evolve.
· 4–6 YES answers: Moderate risk. A focused compliance review is strongly recommended.
· 7+ YES answers: High risk. Immediate compliance review and action is highly recommended.
What Next?
If you answered YES to 3 or more questions, your company may already face legal or contractual obligations, even if those obligations aren’t stated in your contract. Thus, proactively managing LOAC risk is a strategic advantage in today’s volatile world.
Feel free to reach out if you’d like to discuss privately.
Disclaimer: Conflict Orbit is a private entity unaffiliated with the U.S. government. The views expressed herein are Richard’s personal views only and do not imply DoD endorsement. This post is informational only and does not constitute legal advice. Responding to this post does not create an attorney-client relationship. This post also should not be interpreted as a guarantee of any outcome. All cited information is publicly available, and Richard is licensed to practice law in South Carolina.
Richard Waring
Conflict Orbit
521 Folly Rd., Suite 102
Charleston, SC 29412