MWSA Review

In Conduct in War, author David B. Land, has given us a critical review of current published war fighting policies and the law of armed conflict. A combat veteran himself, the author witnessed the practical realities of warfare. He applauds and understands the high standards set by national leaders and legal experts, but also acknowledges the serious discrepancies between the ideal and the real. Author Land does not advocate any radical revisions. Rather, he points out several examples where the "rules" of war, if followed, could result in the death of many of our soldiers and the failure to achieve critical objectives. Furthermore, these rules usually turn good young soldiers into "war criminals" for taking steps to save their troops and accomplish the mission. Not all readers will agree with his positions, but they are most worthy of consideration by military and government leaders at all levels. Although like any manual, Conduct in War is a long and sometimes tedious read, I recommend it be considered as required reading at our services Command and Staff level schools.

Review by Bob Doerr (March 2023)

 Author's Synopsis

Conduct in War, A Guide for the Ethical Warrior (the “Manual”) is a redrafting of the law of war and U.S. military manuals as an unofficial, unauthorized guide for combatants as to responsible, ethical conduct in war. Active-duty military, veterans, lawyers, and those with no legal or military background contributed to that found in its pages.

Unlike official manuals which tend to require full compliance with the formal law of war, this Manual recognizes that an action which violates the law as written may be morally and operationally permissible if it might better achieve the purposes for which the law was established.

The Manual is not intended to be an all-encompassing scholarly or legal reference work or textbook. It should not be considered legal advice or opinion provided by an attorney. It simply reflects the beliefs of one combat soldier based on his experiences, readings, training, education, conversations, and reflections.

Nonetheless, that outlined in the Manual is conduct a combatant has a moral and operational right to at least consider—and then possibly follow. Hopefully, it will provide combatants a basic understanding of the law and how, when making decisions, they might at times deviate from it and be aware of the possible legal risks of doing so.

While the Manual often differs materially from FM 27-10 (The Law of Land Warfare), FM 6-27 (The Commander’s Handbook on the Law of Land Warfare), the DOD Law of War Manual, and the Operational Law Handbook, generally this is not due to their professional or legal shortcomings. Rather this Manual’s purpose is different. Official manuals delineate that required under the formal law of war based on U.S. interpretations and policy. This Manual presents that which may better reflect how ethical combatants might believe the law, policy, and regulations should be written.

The Manual is not ideal as a quick reference for combat commanders and NCOs given its length; blend of international law, U.S. policy, and positions of the Manual; and commentary as to differences. Yet, its positions are believed to be more relevant for combatants than other manuals and texts now available.

Format(s) for review: Paper Only

Review Genre: Nonfiction—Reference

Number of Pages: 427

Word Count: 218,000