Chapter

The Manual's redefined concept of non-international armed conflict : applying faux LOAC to a fictional NIAC

David E. Graham

The United States Department of Defense Law of War Manual : commentary and critique

Cambridge : Cambridge University Press, 2018

p. 141-160

English

The promulgation of an entire chapter of the United States Department of Defense Manual dedicated to law of armed conflict issues arising in the context of non-international conflicts is a positive development. The publication of the Manual afforded the United States the opportunity to effectively capture and summarize the contemporary view of the international community concerning the LOAC applicable to NIAC. The Department of Defense chose to use the Manual's treatment of NIAC as a means by which to justify many of the questionable legal positions taken by the United States , post-9/11, with respect to al-Qaeda, its members and its associated forces. This chapter concludes with the recommendation that the current US view of NIAC be reconsidered and the manual accordingly revised.

• Full text (restricted access, ICRC users only) :

• The United States Department of Defense Law of War Manual : commentary and critique / Michael A. Newton