Targeting and the Law of War

On 30 May 2017, the Army Judge Advocate General issued Targeting and the Law of War: Administrative Investigations & Criminal Law Supplement.

This supplement explains the analytical framework for assessing compliance with the Law of War. This framework enables Judge Advocates to quickly recognize pertinent lines of investigative effort required to thoroughly and impartially investigate suspected violations of the Law of War. 

1.  Purpose and Intent.  This supplement explains the legal framework for enforcing the Law of War in the context of jus in bello targeting rules under the Uniform Code of Military Justice (UCMJ).  It is intended as a resource for U.S. Army Judge Advocates who advise investigating officers on targeting investigations.  Although this supplement addresses a variety of legal issues related to the UCMJ and the Law of War, it does not change existing law or regulations. 

2.  Overview and Organization.  This supplement addresses six overarching issues summarized in the table below that illustrate how the UCMJ and the Law of War interrelate for the purposes of determining the lawfulness of a targeting operation.  These issues are addressed in the sequential order indicated in the table below to promote clarity and maximize understanding of the complementary nature of the UCMJ and the Law of War.