You launched a startup. And your satellite, drone, AI, tech, or services will revolutionize the industry.
You’ve secured funding, you’ve run the market numbers, and everything looks green.
But with global conflict rising, here’s what many startups miss: Law of War compliance.
There’s no such thing as retroactive Law of War compliance though. You’re either operating with it in mind, or you’re already behind.
Waiting until after you’ve poured millions into R&D, contracts, and operations could mean:
Harm to civilians or other protected groups
Cancelled contracts if the DoD finds compliance gaps
Reputational damage that follows your company
Expensive redesigns you didn’t budget for
Don’t assume this only applies to contractors “downrange.” Even stateside, your systems and work can trigger obligations under DoD rules and international law.
With conflicts and gray zones involving Russia, China, Iran, and North Korea, now is the time to start thinking on a different wavelength.
If your defense products and services are used in space or overseas, you need to be keeping proportionality, distinction, and other Law of War principles in mind now.
Not later during an audit or investigation.
Ask yourself:
Am I confident my company has identified whether we have a compliance obligation?
Am I confident we are truly compliance-ready?
I’ve encountered numerous companies recently who undoubtedly have Law of War compliance obligations.
The harsh reality? None could confidently answer these two questions.
The takeaway: for space and defense startups, contemplating Law of War compliance early could be the difference between securing and keeping contracts and watching everything you’ve built unravel.
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.).