Subcontractors sometimes assume that Law of War compliance is only the prime contractor’s problem.
💡 The reality is different: subcontractors are expected to meet the same requirements, and primes are responsible for making sure they do.
Under DFARS, contractors supporting U.S. forces overseas must:
1️⃣ Be familiar with and comply with the Law of War
2️⃣ Provide periodic Law of War training
3️⃣ Maintain a contractor-initiated Law of War compliance program covering both employees and subcontractors
The DoD’s Law of War Program echoes these same obligations. And, they don’t just apply to contractors who are “boots on the ground.” Even work in space, cyber, or intelligence operations can trigger compliance requirements.
So, what does this mean in practice?
➡️ Subcontractors are not exempt from Law of War obligations.
➡️ Prime contractors carry direct responsibility for ensuring subcontractors are compliant.
➡️ Compliance programs should include processes for monitoring subcontractors, not just internal teams.
With global tensions rising, defense and space contractor involvement expanding, and conflict domains evolving, now is the time to check not just your company’s compliance posture but also your subcontractors’.
Because a small compliance gap today can become a major liability tomorrow.
🚀 Conflict Orbit is a private law firm dedicated exclusively to Law of War compliance.
Richard Waring
Conflict Orbit
South Carolina Office:
40 Calhoun St., Suite 250F
Charleston, SC 29401
D.C. Office:
1050 Connecticut Ave., Suite 500 #5029
Washington, D.C. 20036
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.
Licensed to practice law in South Carolina and in the District of Columbia (D.C.).