The pentagons law of war manual a blueprint for total war. Jan 04, 2016 the new us department of defense law of war manual is essentially a guidebook for violating international and domestic law and committing war crimes. Published on jun 23, 2015 the manual pushes aside the george w. This manual reflects many years of labor and expertise, on the part of civilian and military lawyers from every military service. The continued evolution of us law of armed conflict rand. The dod law of war manual and command responsibility. But we also know that the law of war poses no obstacle to fighting well and prevailing. An important function of the 2015 dod law of war manual has been to address longstanding confusion concerning the u. In june 2015, the department of defense dod general counsel issued a.
Part two a recipe for total war and military dictatorship by tom carter 4 november 2015 part one part two part three part four. The operational law handbook is on the internet at. According to charlie savage of the new york times, the changes mainly center on the section related to the treatment of journalists in conflict. Supervise and assign a chair for the dod law of war working group, consisting of. Aug 29, 2015 we asked the pentagon to explain their new law of war manual and what it means for journalists covering wars. The revised section states that in general, journalists are civilians and are protected as such under the law of war.
Download it once and read it on your kindle device, pc, phones or tablets. The rules governing the conduct of hostilities under. It suggests that correspondents who report some information about combat operations may be taking direct part in hostilities, a disturbing argument for justifying the killing of reporters in war zones. The law of war manual, which elaborates protocols for military operations in every corner of the globe by the pentagon and its proxy forces, amounts to a manifesto for this process, set down in legal jargon. The last iteration of the manual fm 2710, the law of land warfare dated to 1956, so an update was long overdue. Aug 18, 2015 the pentagons law of war manual, published in june, says journalists may be censored to stop them from revealing information to the enemy. The 1,165page document is not a statement of existing law as much as a compendium of what the pentagon wishes the law to be. If the guidelines laid out in the manual are allowed to be implementedthat is, if the international working class does not intervene in.
It included language that allowed journalists to be categorized as unprivileged belligerents, which could have allowed military commanders to detain journalists indefinitely outside the rules of war without ever charging them. It reflects the experience of this department in applying the law of war in actual military operations, and it will help us remember the hardlearned lessons from the past. The publication of the new dod law of war manual on june 12 is an important milestone in the debate over transformative occupation. George washington, as commander in chief of the continental army, agreed with his british adversary that the revolutionary war would be carried on agreeable to the rules which. On july 22, 2016, the defense department released an updated law of war manual, originally issued in june 2015, which contains additional guidance when dealing with journalists in a combat zone. Significantly, following its publication in june 2015, dod has continued to. The department of defense law of war manual june 2015, updated december 2016 is the authoritative statement on the. The manual advises journalists to do their job openly, with the authorization of relevant authorities, because it says reporting can be similar to gathering intelligence. The united states department of defense law of war manual edited by michael. Pentagon alters law of war manual to remove suggestion. Updated law of war manual emphasizes reporter protections. Pentagons revised law of war manual recognizes role of. The law of war is a part of our military heritage, and obeying it is the right thing to do.
Pentagons dangerous views on the wartime pressthe new york times typified criticism by. The department of defense law of war manual june 2015, updated december 2016 incorporates the changes described in. Send comments and recommendations by email to usarmy. The 1,165page document, dated june 2015 and recently made available online, is not a statement of existing law as much as a compendium of what the pentagon wishes the law to be.
On july 22, 2016, the defense department released an updated law of war manual, originally issued in june 2015, which contains additional guidance when dealing with journalists in. Department of defense law of war manual june 2015 public. Bushera label of unlawful enemy combatant for al qaeda and the like. Law of war manual december 2016 open pdf 12 mb this document is the updated version of the department of defense law of war manual. Nations have developed the law of war to be fundamentally consistent with the military doctrines that are the basis for effective combat operations. This is the second update to the manual since dod first released it in june 2015. In some circumstances, the pentagons manual states, the rules in the law of war i. Jul 23, 2016 pentagon revamps law of war manual to protect journalists an agence francepresse reporter hit the ground as a syrian soldier ran past him during sniper fire in the town of maaloula in 20. Pentagon revamps law of war manual to protect journalists. Jan 06, 2016 the law of war manual, which elaborates protocols for military operations in every corner of the globe by the pentagon and its proxy forces, amounts to a manifesto for this process, set down in legal jargon. The manual was first released in 2015 and amended, incorporat ing comments.
Manual rejects lawfree zones where detainees lack legal protection 25 and al. Thanks to matthijs koot for bringing this to our attention office of general counsel department of defense. In some circumstances, the pentagon s manual states, the rules in the law of war i. Legal perspectives are terribly important in the united states. Indeed, two major nationalinternational security law focused blogs, just security3 and lawfare,4 created. Pentagon releases war manual claiming authority to. Department of defense law of war manual june 2015 kindle edition by u. For ease of reference, and as a service to lawfares readership, we have broken down the extraordinary, 1204page tome into more manageable, subject matter chapters, which can be found below. The pentagon has revised a 2015 manual for waging combat while obeying the international laws of war, tightening rules for when it is lawful to fire on a military target even though civilians.
Prior to the changes, the current version of the pentagons law of war manual released in june 2015, which provides guidelines for dod personnel and members of the u. Pentagon expands journalist protections in revised law of. United states, department of defense, law of war manual, 2015 updated december 2016 hereinafter us dod law. Aug 19, 2015 pentagons new law of war manual justifies war crimes and censorship episode 745b x22report. We have learned a lot during this process, and the department and the manual are better off for the experience. Total war and the ideology of imperialism part three. Source document contributed to documentcloud by charles savage the new york times.
Jul 22, 2016 pentagon expands journalist protections in revised law of war manual reworded passages of the law of war manual ensure journalists civilian status and freedom to meet with enemy combatants without. To order copies of the operational law handbook, please call clamo at dsn 52339. Pentagon revamps law of war manual to protect journalists an agence francepresse reporter hit the ground as a syrian soldier ran past him during sniper fire in the town of maaloula in 20. Pentagon alters law of war manual to remove suggestion that. Is it time for a necessary and reasonable change to the ucmj. By claire bernish in activist post just when it seemed the governments policy language couldnt get any more paradoxical, selfjustifying, and replete with inconsistencies, the pentagon issued its law of war manual earlier this month. The new us department of defense law of war manual is essentially a guidebook for violating international and domestic law and committing war crimes. See melissa healy, pentagon details abuse of american. Charles allen, a pentagon lawyer, told bob garfield, the cohost of the national public radio show on the media, that department officials are taking public comments into account to make updates to guidelines in the document that spells out the pentagons view of the law of armed conflict. The defense department released a law of war manual in june that says some interesting things about how the united states views legal questions about the use of nuclear weapon. The dod law of war manual and its critics duke law scholarship. The manual is meant to dictate legal conduct for service members from all branches during military operations. Francis boyle who wrote the biological weapons antiterrorism act of 1989, the american implementing legislation for the 1972 biological weapons convention, served on the board of directors of amnesty international, and teaches international law at the university.
Pentagon revises law of war manual to for suggestion. Use features like bookmarks, note taking and highlighting while reading u. Boyle new pentagon war manual reduces us to level of nazis fri 7. The department of defense released the initial manual in june 2015 in pdf format an archived version of the original version is available here and promulgated a a revised, updated version of the manual in may 2016, which was publicly released in july 2016 an archived version of. We asked the pentagon to explain their new law of war manual and what it means for journalists covering wars. As savage notes, when the manual was released last year, journalists and activists raised objections to this section, concerned that its wording.
This manual, released in june 2015, is a department of defense dodwide resource for dod personnel including commanders, legal practitioners, and other military and civilian personnel on the law of war. On tuesday, the department of defense released an updated version of its law of war manual. A new pentagon legal guide, the department of defense law of war manual, which encompasses the legalities of war for all four branches of the u. In 2015, the united states department of defense published its law of war manual. The pentagons new law of war manual a 1,200plus page document issued in june by the defense departments office of the general counsel is barbaric the manual is so bad that one of the leading experts on the law of war dr. The manual is so bad that one of the leading experts on the law of war dr. Honest war correspondents and photographers who try to cover wars effectively are about to become suspect spies if a new pentagon manual, law of.
Pentagon expands journalist protections in revised law of war manual reworded passages of the law of war manual ensure journalists civilian status and freedom to meet with enemy combatants without. Pentagon expands journalist protections in revised law of war. The department of defense law of war manual june 2015, updated may. As savage notes, when the manual was released last year, journalists and activists raised objections to this. Department of defense law of war manual june 2015 info share download. Pentagon manual calls some reporters spies consortiumnews.
Pentagons new law of war manual justifies war crimes and. The following is the june 12, 2015 department of defense law of war manual. The pentagons announcement friday said that the june 2015 manual meant for those dod personnel who implement the law of war and carry out military operations was the culmination of a. The pentagons law of war manual a blueprint for total. By sherwood ross the pentagon s new law of war manual lowm sanctioning nuclear attacks and the killing of civilians, reads like it was written by hitlers ministry of war, says international law authority. Department of defense law of war manual june 2015 pdf. Will the pentagon change its manual on the law of war. International law studies 2016 87 the lex lata of the law of war.
Pentagon officials updated some sections of the 2015 manual in response to the concerns expressed by the media groups. The pentagon has adopted a law of war manual pdf, which enables commanders to treat journalists as unprivileged belligerents. I observe that the united states tends to think about nuclear weapons in a far more legalistic manner than other states, whether friend. United states department of defense law of war manual. The 2004 law of war handbook is on the internet at. Jun 27, 2015 by claire bernish in activist post just when it seemed the governments policy language couldnt get any more paradoxical, selfjustifying, and replete with inconsistencies, the pentagon issued its law of war manual earlier this month. Just security is hosting an online mini forum to discuss the new changes to the manual. Jun 23, 2015 published on jun 23, 2015 the manual pushes aside the george w. Pentagons new law of war manual justifies war crimes and censorship episode 745b x22report. Human shields one of the most energetic and derisive of the manuals early critics is pro fessor adil ahmad haque of rutgers university newark school.
The status of police is generally that of civilians for purposes of the law of war. Honest war correspondents and photographers who try to cover wars effectively are about to become suspect spies if a new pentagon manual, law of war, is accepted by u. Jul 22, 2016 the 2015 version of the pentagons law of war manual, which provides guidelines for members of the u. To protect civilians, pentagon tightens rules on combat. Aug 11, 2015 the pentagon has adopted a law of war manual pdf, which enables commanders to treat journalists as unprivileged belligerents. Pentagon rewrites law of war declaring belligerent. Transcend media service the pentagons law of war manual. Francis boyle who wrote the biological weapons antiterrorism act of 1989, the american. Boyle new pentagon war manual reduces us to level of. George washington, as commander in chief of the continental army, agreed with his british adversary that the revolutionary war would be carried on agreeable to the rules which humanity formed and to prevent. This manual is a department of defense dodwide resource for dod personnel including commanders, legal practitioners, and other military and civilian personnel on the law of war. To ensure consistency in legal interpretation, the dod law of war manual will serve as the authoritative statement on the law of war within the department of defense.