Multiple legal frameworks obligate defense contractors to comply with the Law of War (also known as the Law of Armed Conflict (LOAC) or International Humanitarian Law (IHL)).
Below are three important sources (not exhaustive):
1. International Law
– Common Article 1 of the Geneva Conventions requires parties (including the U.S.) to “respect and ensure respect” for the Conventions “in all circumstances.” This obligation likely triggers contractor compliance with Geneva Convention protections for:
• The wounded and sick (GC I)
• The wounded, sick, and shipwrecked at sea (GC II)
• Prisoners of war (GC III)
• Civilians (GC IV)
– Customary IHL Rule 139 affirms that this duty applies to all persons acting under a nation party’s direction or control, which would likely include contractors.
2. Federal Contracts (DFARS 252.225-7040)
Contractors supporting U.S. Armed Forces in contingency, peacekeeping, or other military operations outside the U.S. must:
• Comply with the Law of War.
• Complete Law of War training prior to deployment.
• Implement compliance programs to prevent Law of War violations.
3. DoD Policy
The DoD Law of War Program and the DoD Law of War Manual require contractors assigned to or accompanying U.S. Armed Forces to maintain internal Law of War compliance programs and undergo periodic training.
Additionally, the DoD Law of War Program and Law of War Manual mandate that DoD Component Heads conduct legal reviews to ensure the acquisition or procurement of weapons and weapon systems complies with the Law of War.
Conflict Orbit is a private law firm dedicated exclusively to Law of War compliance. If your organization has relevance to armed conflict, proactive compliance isn’t optional, it’s strategic.
Curious about your organization’s current compliance status? Feel free to reach out.
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 does not create an attorney-client relationship. This post should not be interpreted as a guarantee of any outcome. All cited information is publicly available. Richard is licensed to practice law in South Carolina.