COL Joshua Berry
Deputy Head
Constitutional & Military Law Course Director
joshua.berry@westpoint.edu
Biography
Colonel Josh Berry is the Deputy Head of the Department of Law. Upon graduating from USMA in 1998 with a B.S. in Environmental Engineering, Colonel Berry 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, Texas. Colonel 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, Oklahoma.
After graduating from law school, Colonel Berry transitioned to the Judge Advocate General’s Corps in 2005. As a Judge Advocate, Colonel Berry served in a number of legal positions, including: Operational Law Attorney, III Corps and Fort Hood, Fort Hood, Texas; Chief of Current Operations, Office of the Staff Judge Advocate, Multi-National Corps-Iraq, Operation IRAQI FREEDOM, Baghdad, Iraq; Trial Counsel, III Corps and Fort Hood, Fort Hood Texas; Regiment Judge Advocate, 160th Special Operations Aviation Regiment (Airborne), Fort Campbell, Kentucky and Operation ENDURING FREEDOM, Afghanistan; Associate Professor, Professor & Vice-Chair, International and Operational Law Department, The Judge Advocate General’s Legal Center and School, Charlottesville, Virginia; 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, Colorado; 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, DC. Colonel Berry has five total operational deployments to Kuwait, Iraq, and Afghanistan.
He is a graduate of the resident Command and General Staff Officer’s Course at Fort Leavenworth, Kansas and the National War College in Washington, DC. Colonel Berry is admitted to practice law in Ohio and before the Supreme Court of the United States.
Publications & Presentations
“W. Hays Parks: The Warfighter’s Lawyer” (with co-author Michael W. Meier), Articles of War, Lieber Institute for Law & Land Warfare (Oct. 20, 2021).
“Francis Lieber’s Living Legacy” (with co-author LTG Charles N. Pede), Articles of War, Lieber Institute for Law & Land Warfare (Aug. 5 2020).
“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).
“Closing Arguments: Physical Training: With the Office or On Your Own?,” Army Lawyer, September/October (2018), at 54 (with LTC Dave Goscha).
“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).
“A Primer on Key International Law Issues for the Regionally Aligned Legal Advisor,” Army Lawyer, Contributor, November 2015, at 16.
“The DoD Law of War Manual Returns Hollow Point Bullets to Armed Conflict,” DoD Law of War Manual Forum, Just Security (Aug. 4, 2015).
Operational Law Handbook, The Judge Advocate General’s Legal Center and School, Contributor (2014–15).
“Hollow Point Bullets: How History Has Hijacked Their Use in Combat and Why it is Time to Reexamine the 1899 Hague Declaration Concerning Expanding Bullets,” 206 Military Law Review 88 (2010).
Book Review, The Gamble: General David Petraeus and the American Military Adventure in Iraq, 2006–2008, Army Lawyer, April 2010, at 70.
“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).