Washington University Global Studies Law Review Volume 5 Issue 2 January 2006 Effects-based Operations and the Law of Aerial Warfare Michael N. Schmitt George C. Marshall European Center for Security Studies Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Military, War, and Peace Commons Recommended Citation Michael N. Schmitt, Effects-based Operations and the Law of Aerial Warfare, 5 WASH. U. GLOBAL STUD. L. REV. 265 (2006), https://openscholarship.wustl.edu/law_globalstudies/vol5/iss2/2 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. Washington University Global Studies Law Review VOLUME 5 NUMBER 2 2006 EFFECTS-BASED OPERATIONS AND THE LAW OF AERIAL WARFARE MICHAEL N. SCHMITT* Law responds almost instinctively to tectonic shifts in warfare.1 For instance, the Fourth Geneva Convention of 1949 constituted a dramatic reaction to the suffering of civilian populations during World War II.2 Similarly, the 1977 Protocols Additional3 updated and expanded the law of armed conflict (LOAC) in response both to the growing prevalence of non-international armed conflicts and wars of national liberation and to the recognized need to codify the norms governing the conduct of hostilities.4 In light of this symbiotic relationship, it is essential that LOAC experts carefully monitor developments in military affairs, because such developments may well either strain or strengthen aspects of that body of law.5 As an example, the widespread use in Iraq of civilian contractors and * Professor of International Law and Director, Program in Advanced Security Studies, George C.