COL Joshua F. Berry

Assistant Professor

Professor, U.S. Military Academy

Deputy Department Head

Law and Philosophy

Lieber Institute for Law & Warfare

joshua.berry [at] westpoint.edu

COL Josh Berry is the Deputy Head of the Department of Law and Philosophy. Graduating from the United States Military Academy in 1998 with a B.S. in environmental engineering, he was commissioned into the Field Artillery and served as a fire support officer, fire direction officer, firing platoon leader and executive officer in 1st Battalion, 82nd Field Artillery Regiment, 1st Cavalry Division, Fort Hood, TX. 

COL Berry was selected for the Funded Legal Education Program (FLEP) in 2001 and began law school in 2002 after completing the Field Artillery Captains Career Course at Fort Sill, OK. After graduation, he transitioned to the Judge Advocate General’s Corps in 2005. 

As a Judge Advocate, COL Berry served in a number of legal positions, including operational law attorney, III Corps and Fort Hood, Fort Hood; Chief of Current Operations, Office of the Staff Judge Advocate, Multi-National Corps-Iraq, Operation IRAQI FREEDOM, Baghdad, Iraq; trial counsel, III Corps, Fort Hood; Regiment Judge Advocate, 160th Special Operations Aviation Regiment (Airborne), Fort Campbell, KY, and Operation ENDURING FREEDOM, Afghanistan; associate professor, professor and vice chair, International and Operational Law Department, Judge Advocate General’s Legal Center and School, Charlottesville, VA; Staff Judge Advocate / Senior Legal Advisor, Special Operations Joint Task Force-Afghanistan (SOJTF-A) / NATO Special Operations Component Command-Afghanistan (NSOCC-A), Bagram Airfield, Afghanistan; Deputy Staff Judge Advocate and Acting Staff Judge Advocate, 4th Infantry Division and Fort Carson, Fort Carson, CO; and Chief of Strategic Plans, Strategic Initiatives Office and later Deputy Chief of the National Security Law Division, Office of the Judge Advocate General, Headquarters, Department of the Army, Washington, D.C.  

COL Berry has five total operational deployments to Kuwait, Iraq, and Afghanistan. He graduated from the Resident Command and General Staff Officer’s Course at Fort Leavenworth, KS, and the National War College in Washington, D.C. He is admitted to practice law in Ohio and before the United States Supreme Court.

M.S., National Security Strategy - National War College

LL.M., Military Law (International & Operational Law Specialty) - Judge Advocate General's School

J.D., - Ohio State University Moritz College of Law

B.S., Environmental Engineering - U.S. Military Academy

Research Interests

Law of armed conflict

Current Research

Berry, J., Nasu, H., Wartime Imagery and the Pressure on the Implementation of International Humanitarian Law.

Selected Publications

W. Hays Parks: The Warfighter’s Lawyer (with co-author Michael W. Meier), Articles of War, Lieber Institute for Law & Land Warfare. https://lieber.westpoint.edu/hays-parks-means-methods-warfare/.

Preparing the JAG Corps for an Uncertain Tomorrow: The Strategic Initiatives Process, Army Lawyer, Issue 2 (2020), at 97 (with COL Peter R. Hayden and MAJ Justin C. Barnes). https://www.loc.gov/rr/frd/Military_Law/pdf/02-2020.pdf.

Expanding Command Responsibility Beyond War: The Application of the Doctrine of Command Responsibility to Human Rights Law, 11 Liberty Univ. L. Rev 423 (2016) (with Patrick Walsh). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2901512.

Hollow Point Bullets: How History Has Hijacked Their Use in Combat and Why it is Time to Reexamine the Hague 1899 Declaration Concerning Expanding Bullets, 206 Military Law Review 88 (2010). www.loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/206-winte….

The Trouble We Have with the Iraqis is US: A Proposal for Alternative Dispute Resolution in the New Iraq, 20 Ohio State Journal on Dispute Resolution 527 (2005). https://kb.osu.edu/server/api/core/bitstreams/0ab9a6bc-6da4-5882-ad9b-e…