ABSTRACT

DoD Law of War Manual and its Critics: Some Observations   [open pdf - 592KB]

From the Introduction: "When the Department of Defense (DoD) issued its 'Law of War Manual' in June of 2015--an effort decades in the making--it is clear that it anticipated criticism. For an organization not especially disposed to be humble about its accomplishments, it made a surprising invitation in the text for 'comments and suggestions.' Several experts (and other pundits) have taken up that offer, and have done so publically [sic]. […] The purpose of this article is to examine some of those critiques, and to offer, where appropriate, counters to those assessments, as well as suggestions as to how the 'Manual' might be improved. Although this article does not purport to be a comprehensive examination of every aspect of the 'Manual' or, for that matter, a response to every criticism that has been lodged against it, I nevertheless conclude that on balance the 'Manual' provides an excellent, comprehensive and much-needed statement of the U.S. Department of Defense's view of the 'lex lata' of the law of war. Consequently, with a few exceptions, what follows is generally a defense of the 'Manual' pertaining to several issues that have proven to be contentious."

Author:
Publisher:
Date:
2016
Copyright:
Public Domain
Retrieved From:
US Naval War College: http://www.usnwc.edu/
Format:
pdf
Media Type:
application/pdf
Source:
International Law Studies (2016), v.92 no.85
URL:
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