Comments
The U.S. Department of Defense (DoD) published Directive 2311.01 on its Law of War Program. The policy assigns responsibility for the Program and establishes the Department of Defense Law of War Working Group. The Law of War Working Group is tasked with advising the DoD General Counsel "on law of war matters to develop and coordinate on law of war initiatives and issues." The Directive applies to a number of offices and departments, collectively referred to as "DoD Components." It states that it is DoD policy that: (1) members of DoD components comply with the laws of war, including Common Article 3 of the 1949 Geneva Convention; (2) U.S. law of war obligations are "observed and enforced by the DoD Components and contractors of subcontractors assigned to or accompanying U.S. Armed Forces; (3) DoD Components implement programs that are aimed at effectively preventing violations of the law of war; and (4) the "acquisition, procurement, or modification of weapons or weapons systems is reviewed for consistency with the law of war." The DoD Law of War Working Group, in addition to the above tasks, will assist in the maintenance of the DoD Law of War Manual and act as the authority on the law of war within the DoD. The Working Group will also "[m]anage other law of war matters as they arise." Membership of the Working Group will include, in addition to a representative from the DoD General Counsel, elected representatives from the: (a) General Counsel of each Military Department; (b) Counsel for the Commandant of the Marine Corps; (c) Judge Advocate General of each Military Department; (d) Staff Judge Advocate to the Commandant of the Marine Corps; and (e) Legal Counsel to the Chairman of the Joint Chiefs of Staff.