Preface

• Author: Richard B. Jaques
• Position: Major, US Marine Corps
• Pages: xiii-xv

Preface

It should be no surprise that, coming as it did in June 2003, acolloquium that

focused on "current" issues in international law and military operations

would by necessity devote most of its time to the issues and challenges raised by

Operation Iraqi Freedom, the then nascent occupation of Iraq, and the develop-

ing efforts to apply long established maritime rules and principles based on, and

designed to respect, State sovereignty, against aStateless belligerent. What may

be surprising (or perhaps sadly ironic) is how current the issues, challenges, anal-

yses, positions, and arguments for and against various interpretations and/or ap-

plications of international law to military operations voiced in 2003 remain

today. This suggests that despite the passage ofthree years, little consensus on the

nature, scope and degree of the threat faced, and the appropriate responses

thereto, has yet developed.

Readers unfamiliar with the International Law Studies ("Blue Book") series may

wonder why awork that largely captures the proceedings of acolloquium held in

2003 is only now, in 2006, rinding its way to print. Long-time supporters and con-

tributors who have patiently anticipated publication for some time (especially

those who participated in the colloquium) may well wonder why this volume does

not serve, as previous volumes have, to fully capture all speaker and panelist com-

ments and audience discussion or reflect the order in which those comments and

discussions occurred. To both groups of readers an explanation is warranted, if for

no other reason than to ensure that those deserving of credit in making this book a

reality receive their due.

For reasons of detail that are unnecessary here, most of the record of this collo-

quium was not available to the editors of this publication. Compounding this

problem was the fact that the first two assigned editors found their tenure in the In-

ternational Law Department cut short or interrupted by the exigencies of war. In

significant portions, this work largely reflects an effort starting some 18 months af-

ter the event to recreate the colloquium and capture key portions of it.