U.S. and international perspectives on the new U.S. Department of Defense Law of War Manual

Juliet Bartlett of the Ministry of Defence, United Kingdom; Karl Chang of the U.S. Department of Defense, Office of the General Counsel; Anna Dolidze, Ministry of Defence, Georgia; David Glazier, Loyola Law School Los Angeles; and Jelene Pejic of the International Committee of the Red Cross.* Remarks by Karl Chang[dagger] I want to start our conversation with three themes about the Department of Defense (DoD) Law of War Manual: 1) its character as an institutional publication; 2) its purpose as an aid in the practice of the law of war; and 3) humility.1 I. The Institutional Character of the Manual My boss will introduce me as the chief author or principal drafter of the manual, but I would begin by noting that my job in preparing the manual was to reflect DoD's institutional views. The general counsel is supported in the preparation of the manual by a working group, which includes representatives from key international and operational law offices in the Pentagon- Army, Navy, Air Force, and Marine Corps, and the Legal Counsel to the Chairman of the Joint Chiefs of Staff. Some may be dissatisfied that the manual leaves unanswered this or that question of customary international law or fails to progressively develop the law of war on a particular point. ISSUE OF DPH AND HOSTILE ACT/HOSTILE INTENT This question of terminology has given rise to another issue, which relates to the overlap described in the DoD manual, regarding a person doing a hostile act or demonstrating a hostile...