Law of Armed Conflict Documentary Supplement

The purpose of the Documentary Supplement is to provide students and practitioners with a ready reference of collected materials relevant to the study and practice of international and operational law. Modifications are based on the curriculum at the Judge Advocate General's Legal Center and School, with a focus on plenary instruction provided to students in both basic and graduate courses, as well as more specialized instruction during electives and short courses. However, this volume has historically found its way to the field as well, informing the practice of judge advocates in both garrison and combat. The 2013 edition incorporates the 2010 Kampala amendments to the Rome Statute of the International Criminal Court. No sources have been deleted. The 2012 edition added new commentary on AP I and III. In 2011, the DocSupp added several executive orders, as the first days of President Obama's administration saw the issuance of several Executive documents of interest to students and practitioners, given their application to detention practices and the broader discussion of the applicable law during armed conflict. Executive Order (EO) 13,567 established a review process applicable to detainees being held at Guant namo Bay in light of a series of cases decided by the Supreme Court. The primary significance of this Order is twofold-it clarifies the position of the United States in the context of detention in non-international armed conflict, and provides guidance to practitioners on relevant standards and procedures. The Fact Sheet issued in conjunction with EO 13,567 entitled "New Actions on Guant namo and Detainee Policy" is also included herein. Using terms of art unique to the formation of customary international law, the Fact Sheet announced that the United States "will therefore choose out of a sense of legal obligation to treat the principles set forth in Article 75 of Additional Protocol I to the Geneva Conventions of 1949] as applicable to any individual it detains in an international armed conflict . . .." The policy merger of law from international and non-international armed conflict will doubtless be the subject of discussion among students and practitioners of international law.