As U.S. counter-narcotics efforts expand into Venezuela where criminal networks, organized armed groups, and unstable governance converge, any supporting defense contractors may face unique operational and legal challenges.
These environments can involve:
➡️ Non-traditional actors with murky legal status
➡️ Rapidly shifting security conditions
➡️ Blurred lines between mission designation
Yet contractors must independently ensure their activities comply with U.S. law and applicable international standards, including the Law of Armed Conflict (LOAC), when relevant.
Key questions contractors should proactively consider:
✅ Are you operating under a status or function that could trigger special legal obligations?
✅ Is your activity clearly within the scope of your contract and the direction of the supported government entity?
✅ When might your support cross into direct participation in hostilities, which, if applicable, could negate your protected civilian status?
✅ Do you have internal compliance systems suited for ambiguous threat environments?
Remember that if you’re performing mission-critical functions, you likely must maintain a bona fide Law of War compliance program and receive Law of War training already, as required under DFARS and DoD policy.
As these SOUTHCOM missions evolve, contractors and sub-contractors should assess their legal obligations and proactively mitigate potential risks.
🚀 Conflict Orbit is a private law firm focused on Law of War compliance and related national security issues.
Disclaimer: Conflict Orbit is a private law firm. The views are informational only (not legal advice) and those of Richard Waring in his private capacity. Viewing or responding to this post does not create an attorney-client relationship. There is no guarantee of results.
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