The Lawfare Podcast: Richard Gross on the Law of Hybrid Conflict
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 18 September 2015
⏱️ 31 minutes
🧾️ Download transcript
Summary
Last week, Ben attended a symposium at the Pentagon on the rise of so-called “hybrid conflicts,” whereprofessionals from around the national security establishment attempted to define the idea as well as its implications for existing legal structures and the law of war. In this week’s podcast, Brig. Gen. Richard Gross, the legal counsel to the Chairman of the Joint Chiefs of Staff, explains that the DOD’s senior leadership has increasingly begun discussing conflicts such as Ukraine, Syria, and the South China sea, in terms of hybrid conflict. He and Ben explore what lawyers should do with the idea, asking is it really new and should the law adjust to deal with it?
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:11.2 | at patreon.com slash lawfair. |
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| 0:18.3 | Also, check out LawFair's other podcast offerings, rational security, chatter, lawfair |
| 0:25.6 | no bull and the aftermath. |
| 0:32.7 | Is it what point do the actions of the non-state actors allow me to take action against a state |
| 0:39.3 | sponsor of those actions and what actions can I take? |
| 0:43.1 | Because I think that's where I'm going to get the question. |
| 0:46.6 | The more I thought about it, the more I think that's going to be the hard problem and |
| 0:49.9 | it's going to be related to attribution. |
| 0:52.2 | So attribution we talk about that a lot in the cyber realm, but I think in the broader |
| 0:56.3 | hybrid conflicts it made more and more come to pass. |
| 1:00.1 | When is a non-state actor, whether it's a ship taking a particular action or a boat in |
| 1:05.1 | the middle of the South China Sea and testing in other countries claims and it looks like |
| 1:10.4 | a commercial vessel. |
| 1:12.1 | It looks like a ship that might be flagged in a particular state but certainly isn't |
| 1:17.3 | a military vessel or a state vessel. |
| 1:20.3 | So what point does that fishing troller's actions can I attribute to the state itself? |
| 1:26.3 | And I think that'll play out in the Ukraine. |
| 1:28.3 | I think it'll play out in Syria with Yemen and some of the things that are going on there |
| 1:33.0 | and so forth. |
... |
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