Introduction

• Author: Dennis L. Mandsager
• Position: Professor of Law & Chairman, International Law Department
• Pages: xi-xii

Introduction

TheNaval War College hosts an annual conference to examine international

law issues and developments that affect military operations, both in peace-

time and during armed conflict. The 2001 conference examined the Legal and Ethi-

cal Lessons ofNATO's Kosovo Campaign. In 2002, following the tragic events of 9/

11, we looked at International Law and the War on Terror. In 2003, abroad spec-

trum of issues were analyzed in Current Issues in International Law and Military

Operations, including, of course, adiscussion of the initial events of Operation

Iraqi Freedom, which had begun on March 20th of that year. In 2004 the work of

the 2002 conference was continued in Homeland Security &Combating Terrorism.

By 2005, we determined that it was time to examine the manner in which rapid

advances in the types and capabilities ofweapons and the methods ofwarfare were

changing how warfare will be conducted in the future, and the implications of that

change for the law of armed conflict. The conference began with adiscussion ofthe

International Committee of the Red Cross's then just published Customary Inter-

national Humanitarian Law study (hereinafter the Study). We were fortunate

enough to have Jean-Marie Henckaerts, one of the authors, present an overview of

the Study, which purports to be a"restatement of contemporary customary inter-

national law." Apanel of equally distinguished scholars and government and mili-

tary lawyers questioned both the methodology of the Study and certain of its

conclusions, while acknowledging it was an indispensable resource. The scholarly

articles contributed to this volume by Mr. Henckaerts and the panelists provide

valuable insight into the Study.

Another important development is that participation by the United States in fu-

ture conflicts is likely to be as one member of acoalition of nations, as was the case

in Operations Allied Force, Desert Storm, Enduring Freedom, and Iraqi Freedom.

The panel on coalition warfare addressed the implications and challenges ofbring-

ing together warfighters whose nations may have differing views on the content of

customary law and are parties to different treaties.

Immediately following the conclusion of the conference, aConference Sum-

mary was prepared and distributed to the participants. This excellent review sum-

marized the remarks of the speakers and the discussion that followed. It has been

incorporated into the Preface. Iencourage you to read it.

The conference was cosponsored by the Lieber Society on the Law ofArmed Con-

flict of the American Society of International Law and was organized under the