Introduction

• Author: Dennis Mandsager
• Position: Professor of Law & Chairman, International Law Department
• Pages: xix-xxi

Introduction

During the last several years we have witnessed impacts on, and changes in,

modern warfare, to include cyber operations in Estonia and Georgia,

civilianization of the battlefield in Iraq and Afghanistan, use of unmanned systems

in Yemen and Pakistan, alawless enemy invoking "lawfare"—particularly as it

relates to civilian deaths and injuries incurred during lawful attacks on enemy

targets—to undermine military operations and an enhanced level of public and

judicial scrutiny of military actions. Legal practitioners, both military and civilian,

and legal academics have worked to identify how international law governs these

changing aspects of warfare and to determine if there are any shortfalls requiring

changes to the existing legal framework. The legal debate on these matters has been

both vexing and fruitful: but anumber of unanswered questions remain, making

these topics ripe for discourse.

Following its tradition of the in-depth study and teaching of the manner in

which the law impacts military operations, the Naval War College hosted a2010

conference entitled "International Law and the Changing Character of War." The

conference brought together distinguished international law scholars and practi-

tioners to examine the challenge to international law posed by the changing

character of war.

Dr. Nicholas Rostow, aformer Legal Adviser to the National Security Council,

opened the conference by setting the stage for the discussions to follow using as his

scene setter the "Study on Targeted Killings" report authored by Professor Philip

Alston for the UN Human Rights Council. Although Dr. Rostow, like many others,

does not agree entirely with Alston's conclusions on the applicability of human

rights law in armed conflict, and on the lack of transparency and accountability, he

noted that this report, like many others, raises questions that pose achallenge to in-

ternational law. Over the next two and ahalf days in five thematic panels the speak-

ers presented their analyses of some of those challenges.

As aconference highlight, the attendees were privileged to attend aluncheon

address delivered by Professor Robert "Bobby" Chesney, the Charles J. Francis

Professor in Law at University of Texas School of Law, who provided an overview

of the emerging federal habeas corpus case law involving detainees held at Guan-

tanamo Bay. He highlighted the differing detention standards used by the execu-

tive branch and the federal courts' diverging assessments of the applicability of the

law of armed conflict in these cases.