The United States Department of Defense Law of War Manual
Commentary and Critique

Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.

Michael A. Newton (Edited by)

9781108427159, Cambridge University Press

Hardback, published 24 January 2019

490 pages
23.5 x 15.7 x 2.9 cm, 0.82 kg

'The law of war matters. The inability of the international community to develop new treaty law has prompted the promulgation of manuals designed to assist State armed forces navigate the ever-changing operational law environment. Commanders and their legal advisers around the world will benefit from the commentary in this superb book, which provides an array of critiques of the recent United States Law of War Manual that will greatly benefit any practitioner or policy-maker who seeks to understand the current state of the law of war from the perspective of the US military.' Ken Watkin QC, former Judge Advocate General for the Canadian Forces

The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.

Part I. Background and Bureaucratic Formation of the Manual: 1. Framing thoughts on the DoD Law of War Manual and this commentary Michael A. Newton
2. The US Department of Defense Law of War Manual: why, what, and how Karl Chang
3. Specifically vague: the defensive purpose of the DoD Law of War Manual Chris Jenks
Part II. Prominent Perspectives on the DoD Manual: 4. Practitioners and the Law of War Manual Charles Dunlap
5. A NATO perspective on the Manual Steven Hill
6. A subordinate service perspective on the DoD Law of War Manual Geoffrey Corn
Part III. Substantive Contributions and Controversies: 7. Back to the basics: core law of war principles through the lens of the DoD Manual Ray Murphy
8. The Manual's redefined concept of non-international armed conflict: applying faux LOAC to a fictional NIAC David E. Graham
9. Aspects of the distinction principle under the US DoD Law of War Manual Bill Boothby
10. At war with itself: the DoD Law of War Manual's tension between doctrine and practice on target verification and precautions in attack Peter Margulies
11. Misdirected: targeting and attack under the DoD Manual Adil Ahmad Haque
12. Muddying the waters: the need for precision-guided terminology in the DoD Law of War Manual Laurie R. Blank
13. Detention and prosecution as described in the DoD Manual Andrew Clapham
14. The DoD conception of the law of occupation Yaël Ronen
Part IV. The Manual's Long Term Prospects and Implications: 15. Commentary on the law of cyber operations and the DoD Law of War Manual Gary D. Brown
16. The DoD Law of War Manual as applied to coalition command and control Michael A Newton
17. Armed groups and the DoD Manual: shining a light on overlooked issues Katharine Fortin
18. Hybrid law, complex battlespaces: what's the use of a law of war manual? Aurel Sari.

Subject Areas: Military & defence law [LNDK], International humanitarian law [LBBS], International human rights law [LBBR], International law [LB], Warfare & defence [JW], Armed conflict [JPWS], International relations [JPS], Peace studies & conflict resolution [GTJ]