Kill All the Lawyers: How to Effectively Communicate the Fundamentals ofInternational Law to Operators

摘要

Lack of knowledge of international law among many mid-level officers has become aserious operational readiness issue. Unfortunately, it appears that many of these officers do not know, and do not care, about the fundamentals of law and how it impacts upon their everyday activities, including how they plan and execute military operations. To remedy this unacceptable situation, a four-part method is proposed to facilitate teaching of the subject by both lawyers and legal officers. Specific sections address: why international law matters; basic concepts of the law of armed conflict; rules of engagement; and a brief overview of the law of the sea, including the freedom of navigation program. While this method should satisfy the present need for a better approach to communicate this highly important subject, in the future the Joint Staff should consider producing a new Joint Pub which highlights the fundamentals of international law which every operator absolutely needs to know. Absent knowledge of these fundamentals of international law, operational leaders today and tomorrow will be susceptible to mistakes which might lower U.S. prestige at home and abroad, and may result in the unnecessary loss of human life.