A Matter of Policy: United States Application of the Law of Armed Conflict

18 Pages Posted: 4 Jan 2018  

Chris Jenks

Southern Methodist University - Dedman School of Law

Date Written: 2017

Abstract

To what extent does the law of armed conflict (LOAC) apply to the United States military fighting in armed conflicts? Though the question seems straightforward enough, the answer is anything but. This article explains, in general, why the answer is imprecise and unsatisfying as applied to the most prevalent type of contemporary armed conflict, non-international. More specifically, this article argues that the U.S. government's primary response of claiming to apply LOAC as a matter of policy when and where that law wouldn't otherwise apply is superficially persuasive but not substantively responsive.

Keywords: law of armed conflict; LOAC; policy, international armed conflict; IAC; non-international armed conflict; NIAC; Geneva Convention; customary international law

Suggested Citation

Jenks, Chris, A Matter of Policy: United States Application of the Law of Armed Conflict (2017). Southwestern University Law Review, Vol. 46, No. 3, Spring 2017; SMU Dedman School of Law Legal Studies Research Paper No. 374. Available at SSRN: https://ssrn.com/abstract=3096205

Chris Jenks (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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