The Department of Defense has issued a final rule regarding the implementation of an effective “law of war” program for deploying contractor personnel authorized to accompany U.S. Armed Forces deployed outside of the United States. As defined the by the regulation, the term “law of war” shall mean
“that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.”
Effective January 15, 2009, the new rule implements the policy in DOD Directive 2311.01E, DOD Law of War Program, dated May 9, 2006, and amends Defense Federal Acquisition Regulation Supplement (DFARS) Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States by adding the following requirements to the regulation:
- Contractor to ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States are familiar with and comply with all applicable laws including the “law of war;”
- Contractor to provide “law of war” training to its personnel prior to deployment; and
- Contractors shall report any violations of the “law of war” to the appropriate government authorities.