The Role of Operational Law in the Development of Military Doctrine

Abstract

This article is focused on studying the emergence and evolution of operational law as a support for the planning and conducting of military operations in times of peace and war. Issues regarding its curricular area, differences with international humanitarian law, how it can support the evolution of military doctrine and science are addressed. In this context, I analyse the case of the implementation of operational law in the USA, following the military failure in Vietnam, and its role in the reformation of American military doctrine. Finally, I analyse the new reform of the American military law system, the transition from operational law to national security law, triggered by the multiplication of armed threats and the emergence of new types of military actions and battle spaces (especially hybrid warfare, information warfare and cyber warfare). I also analyse the importance of implementing operational law within the Romanian army and the benefits for the evolution of Romanian military doctrine.