'Snipers in the Minaret - What is the Rule?' the Law of War and the Protection of Cultural Property: A Complex Equation

Abstract

Determining the law of war obligations applicable to United States forces engaged in combat operations associated with the Global War on Terror is a complex process. This process involves not only interpretation of the meaning of specific law of war provisions, but also a complex analysis of how treaty law, customary international law, and national policy converge to define what provisions of the law apply to a given operation. A classic example of the complexity of this equation involves application of the law of war provisions related to the protection of cultural property to sniper operations in Iraq. Using this example, this article will analyze how these various considerations influence the determination of the nature and extent of applicability of various law of war provisions, to include the important distinction between legally mandated versus policy based compliance.

Keywords: Law of Armed Conflict, Law of War, Humanitarian Law, Protection of Cultural Property, Department of Defense, Iraq

JEL Classification: K33, K10, K19