Abstract

https://ssrn.com/abstract=2712004
 


 



Errors and Misconceptions in the 2015 DOD Law of War Manual


Jordan J. Paust


University of Houston Law Center

February 10, 2016

U of Houston Law Center No. 2016-W-1
Minnesota Journal of International Law, Vol. 26, No. 2, 2017, Forthcoming

Abstract:     
This article focuses primarily on several egregious errors and manifest misconceptions contained in portions of Part I of the 2015 Department of Defense Law of War Manual. These generally relate to the unavoidable duty of all members of the Executive branch, including members of the armed forces, to faithfully execute the law; the relationship between the law of war and other forms of international law applicable during armed conflict; applicability and the reach of human rights law during armed conflict; and the nature, reach, and content of customary international law. Also addressed are certain other errors and concerns with respect to statements in other parts of the Manual.

Number of Pages in PDF File: 49

Keywords: armed conflict, bound, CAT, combatant, compensation, customary law, DOD Manual, dum-dum, expanding bullet, human right, IAC, ICCPR, jus cogens, Kosovo, law of war, lex specialis, military necessity, NIAC, Paquete, persistent objector, UN Charter, unnecessary suffering, war, war crime


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Date posted: January 10, 2016 ; Last revised: June 24, 2016

Suggested Citation

Paust, Jordan J., Errors and Misconceptions in the 2015 DOD Law of War Manual (February 10, 2016). U of Houston Law Center No. 2016-W-1; Minnesota Journal of International Law, Vol. 26, No. 2, 2017, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2712004 or http://dx.doi.org/10.2139/ssrn.2712004

Contact Information

Jordan J. Paust (Contact Author)
University of Houston Law Center ( email )
4604 Calhoun Road
Houston, TX 77204-6060
United States

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